The case of a Midway man accused of running over another man who had apparently passed out in the road was waived to the grand jury Monday.
Police said William J. McCane, 34, was driving on Old Frankfort Pike at 3:38 a.m. Aug. 7 when he hit Jardiel Gonzalez, who had gotten sick and passed out in the southbound lane. Both men are believed to have been drinking, police said. Blood tests were pending Monday.
McCane was charged with reckless homicide, driving under the influence, driving with an expired license, and having no insurance and no registration.
McCane's family has called the reckless homicide charge unfair, saying nobody could have avoided hitting Gonzalez.
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Attorney Bryce Caldwell, who is representing McCane, declined to comment on whether he believes the charge was warranted, but said his firm was hiring an independent reconstruction unit to look at the circumstances of the collision.