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Updated: 12:22 PM Nov 4, 2008
Orta faces murder charge for weekend accident
We now have more information on the accident that caused the death of Roseland Town Marshal Craig Toner. Posted: 7:06 PM Nov 3, 2008Reporter: Ryan Famuliner Email Address: ryan.famuliner@wndu.com |
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We now have more information on the accident that caused the death of a Roseland Town Marshal.
Craig Toner was killed in a head-on collision this weekend, which police say was caused by a driver on drugs.
Police now believe 26-year-old Alexander Orta was under the influence of cocaine when the accident occurred, not drunk as was originally reported. However, toxicology reports are still pending.
While Orta was originally arrested on just two felony counts, he has now been formally charged with three. This time, the list includes murder.
Toner's body was escorted to the funeral home Monday afternoon through the town of Roseland, which is still stunned.
“When I got that phone call I was in shock and couldn't believe it. I dropped to the ground and started crying,” said Kelly Covey, a friend of Toner’s who visited his memorial in Roseland Monday afternoon.
Finding out the details of what happened when Toner rode his motorcycle through the intersection of Ironwood Dr. and Rockne Dr. Saturday afternoon, made it all the more painful.
“[Orta] hit him, Toner landed on the hood of his car, rolled off. The guy got out, looked around the scene, and then drove over [Toner]. Even if he was drunk I’m sure you’re aware of what's going on,” Covey said.
“It's inhuman, you know. It’s hard to believe that anyone could be as callous as that,” said Stanley J. Fleece, who also visited the memorial site Monday.
“I really think [Orta] should be put away for life, after not staying there and fleeing the scene,” said Daniel Woofter, another friend of Toner’s.
The prosecutor's office must have agreed, because Orta has been handed the murder charge.
They say the second impact happened with the knowledge that it could result in Toner's death, which makes it different from other cases of its kind.
Meanwhile, friends realize that no sentence will make up for the loss.
“I think it would make Toner happy if you remember the good things about him instead of what happened to him,” Covey said.
“The Roseland Police Department's had a hard time you know, and Craig was really a motivational force,” said Gene Woofer, Daniel’s father.
“We only pray that he continues to protect and serve in heaven as he has on earth,” Fleece said.
In the probable cause papers WNDU received late Monday afternoon, police say according to witnesses, Toner was alive and speaking after the original accident. The report says people were helping him, while Orta was standing outside the car.
They say Orta then got back in the car and drove over Toner, while others jumped out of the way to avoid being hit, and yelled for him to stop.
Witnesses say Toner was much more severely injured after he was run over the second time.
His cause of death was massive trauma to the chest, and the autopsy report says that happened when Toner was run over the second time.
To view the complete report, follow the link above. (NOTE: the material is graphic).
As we previously reported, Orta had a significant record of arrests. His complete arrest record is listed below.
3-28-2000 Theft, Criminal Mischief (Felony) He was 17 years-old.
3-01-2001 Warrant for the above charges
6-27-2001 Warrant for the above charges again
7-01-2002 Minor consuming, Battery, Resisting Arrest, Visiting a
Common Nuisance, False Informing
9-17-2002 Warrant for above charges
2-26-2003 Vehicle Assault, Resisting Arrest By Flight, Warrant for
failure to appear
5-07-2003 Probate Attachment (Child Support)
6-13-2003 Probate Attachment (Weekend Sentence)
6-20-2003 Probate Attachment (Weekend Sentence)
6-30-2008 Warrant for failure to appear
11-16-2003 Warrant for failure to appear
8-15-2004 Disorderly Conduct, Public Intoxication, Resisting
Arrest
10-19-2004 Warrants, released to East Race Community Corrections
9-9-2005 Warrant for failure to appear
12-9-2006 False Informing
6-12-2007 Warrant out of Allen County, Indiana
7-21-2007 Disorderly Conduct, Public Intoxication
9-19-2008 Battery, Warrant out of Allen County
11-01-2008 Pending Charges of DUI Causing a Death, Leaving the Scene of a Fatal Crash
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