Garbage truck driver indicted

Two English tourists were killed in accident when driver had seizure
February 19, 2008 1:38:18 PM PST
A garbage truck driver accused of killing two English tourists after he had a seizure and lost control of his vehicle near Madison Square Garden was indicted Tuesday in connection with the deaths.The sealed indictment was filed against Auvryn Scarlett, 52, of Irvington, N.J., in Manhattan Criminal Court. A complaint filed when Scarlett was arrested said he admitted to police he failed to take his anti-seizure medication.

Scarlett's indictment charges will be disclosed when he is arraigned in state Supreme Court on March 12. When he was arrested last week, Scarlett was charged with manslaughter and reckless endangerment.

Judge James Gibbons ordered Scarlett held in $250,000 bond or $100,000 cash.

If convicted of second-degree manslaughter, currently the most serious charge against him, Scarlett could face up to 15 years in prison on each count.

Police said Scarlett was operating the privately owned truck around 10:30 p.m. Feb. 12 when he had the seizure. They said another person in the truck tried to regain control of it but could not.

Police arrested Scarlett the next day, after he was treated at a hospital for injuries sustained during the crash.

The felony complaint filed in Criminal Court says "the defendant admitted that he has suffered seizures in the past and had chosen not to take his anti-seizure medicine for the past two weeks."

Police identified the dead tourists were identified as Jacklyn Timmons and Andrew Hardie, both 47, who lived together in Yeovil, Somerset, about 130 miles from London.

Scarlett's lawyer did not immediately return a call for comment Tuesday.


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