Attorney says truck driver who rammed police car on I-85 wasn't drunk - Durham Herald Sun

By KEITH UPCHURCH

kupchurch@heraldsun.com; 919-419-6612

DURHAM – A truck driver charged in last week's crash on Interstate 85 that injured a Durham police officer had no alcohol or other drugs in his system at the time, but suffered "a medical event," his lawyer said Tuesday.

Attorney Bill Thomas said a toxicology analysis at Duke University Medical Center immediately after the July 25 accident showed that the tractor-trailer driver, Charles Edward Caldwell, 44, of Roberta, Ga., had "no drugs or alcohol whatsoever in his system. It was negative in every category."

Caldwell also had blood drawn at the accident scene that was sent to the State Bureau of Investigation for analysis. Those results aren't yet in, Thomas said.

Thomas said Caldwell suffered "a medical event" during the accident "that had never happened to him before."

"We are going to present that to the court with expert medical witnesses who will be in a position to testify regarding what happened out there on that day," Thomas said.

He said he wasn't at liberty to disclose the nature of Caldwell's condition, but said it will come out in court.

Thomas said that a blue capsule that police reported finding in the floorboard of Caldwell's cab was an over-the-counter, generic decongestant.

"But he didn't even have the decongestant in his system, because he hadn't take one in days" before the crash, according to Thomas.

The injured police officer, Teresa Gilliam, remains at Duke University Hospital. She had been listed in critical condition last week, but police said this week she is improving.

Meanwhile, Caldwell was released from the Durham County Jail Monday night on a reduced, unsecured bond of $100,000 and has returned to his home state of Georgia, Thomas said. The previous bond was set at $500,000 after Caldwell was charged Monday with felony serious injury by vehicle after being released the same day from Duke University Hospital, where he had been a patient after complaining of chest pains.

"His medical condition is such that he will not be operating trucks or any motor vehicles," Thomas said.

According to Thomas, Caldwell has no prior convictions. "He hasn't even had a speeding ticket in many years," he said.

Thomas said his client will plead not guilty to all charges – including DWI, reckless endangering, speeding and unlawfully passing an emergency vehicle. His next hearing is set for Sept. 19 in Durham County District Court.

"He was charged with driving while impaired and failure to change lanes for an emergency vehicle the day of the accident," Thomas said. "The felony charge [serious injury by vehicle] was brought against him [Monday night] as he was being released from the hospital. So, the Durham police had ample opportunity to apply for a court order to get these toxicology results, and they either failed or refused to do so. We are at a loss to understand bringing felony charges against a man without even a cursory examination of the facts. It's very disturbing."

Thomas, who represented a member of the Duke University lacrosse team who had three members falsely accused of rape in 2006, said the Durham Police Department "has an unfortunate history of charging people with very serious crimes prior to conducting a thorough investigation. And this is another example of that."

Police spokeswoman Kammie Michael said Tuesday: "Our officers are conducting a thorough investigation in this case. We have no further comment due to the pending court case."