Additional charges have been filed against a Newtown in connection with a fatality traffic accident that occurred in May.
According to online court records, a warrant has been issued for Ismael Garcia Toris, charging him with second degree involuntary manslaughter, a class E felony. Toris, also known as Ismael Garcia, was the driver of a truck that was involved in an accident May 28 at the intersection of Highway 65 and 28th Street that resulted in the death of John Kuttler, a 79-year-old Trenton man. The day after the accident, Trenton Police Officer Jeff Spencer told the Republican-Times that Mr. Kuttler was the driver of a utility terrain vehicle that was southbound on Highway 65. Mr. Kuttler had stopped to make a left-hand turn onto 28th Street while a pickup truck driven by Toris was also southbound on Highway 65. Toris failed to see that Mr. Kuttler had stopped to make the turn. Spencer said when Kuttler attempted to make the left turn, Toris swerved to the left to avoid striking the UTV from behind, but could not avoid a collision. Mr. Kuttler’s vehicle rolled and landed in a ditch, with the driver being ejected from the vehicle. Mr. Kuttler was transported by air ambulance to Columbia, where he died from his injuries on June 1.
Toris was originally charged with a class A misdemeanor of operating a vehicle in a careless and imprudent manner, involving an accident. The information filed with that charge indicated that Toris had been following Mr. Kuttler’s vehicle too closely. The probable cause statement filed with the new charge indicates that Toris acted with criminal negligence by speeding in the 45-mile-per-hour zone and had passed a vehicle within 100 feet of an intersection.
As of Friday morning, Toris had not yet been arrested and the misdemeanor charge remained listed in online court records, which indicated he was to appear in court on Oct. 9 on the new charge and Nov. 13 on the previous charge. Toris’ bond was initially set at $20,000 cash only.
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