A reckless homicide charge against a Midway man, accused of running over and fatally injuring another man who was lying in the road on Old Frankfort Pike, has been dismissed by a Fayette County grand jury.
However, other charges against William Joseph McCane — driving under the influence of alcohol, driving without a license, failing to maintain insurance and having no or expired license plates — still stand.
The grand jury dismissed the reckless homicide charge Tuesday but indicted McCane on the four other charges, three of which are misdemeanors and one of which is a violation. Those charges will be handled in Fayette District Court, which usually handles such charges.
Jardinel M. Gonzales, 21, of Georgetown, was pronounced dead at University of Kentucky Chandler Hospital shortly after he was run over in the early morning of Aug. 7. Police said Gonzales had stopped and gotten out of a Ford Expedition to throw up, then he passed out in the southbound lane of Old Frankfort Pike. Some time later, a 1995 Honda Civic ran over him. Police said just after the accident they suspected that both the driver and the victim had been drinking.
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According to court records, McCane, 34, told police he'd had seven or eight beers and should not have been driving. He failed field sobriety tests, the records indicated.
Lexington police spokeswoman Sherelle Roberts said several days after the incident that investigators acknowledged Gonzales was partly at fault and an unimpaired driver might not have been able to avoid hitting him.
Fayette Commonwealth's Attorney Ray Larson said Wednesday police, in a follow-up investigation, found that no one could have avoided running over Gonzales.
"I'm impressed with the thorough investigation, including the follow-up investigation, by the (police) collision reconstruction unit," Larson said.