The state concluded its proof in the trial of Kentucky truck driver Benjamin Scott Brewer late Tuesday afternoon, and the defense on Wednesday called a fellow truck driver who said he saw no erratic driving by Brewer.
Tyler Fortune, of Ohio, said he had picked up a load at Coca-Cola Bottling on Highway 153 and fell in behind Brewer's Peterbilt truck where it merges with I-75. He said he stayed back about 500 feet, while both were in the middle lane.
He said he had been behind the Brewer truck for about five miles when he saw the driver suddenly turn the wheel to the right. He said he saw brake lights on the truck as its bumper struck a vehicle on the side of the road.
He said there was a violent explosion and flames went as high as 25 feet in the air.
The witness said the Brewer truck then veered left and into the line of cars stopped for construction.
Six people died in the June 25, 2015, wreck, and Brewer is charged with six counts of vehicular homicide by intoxication. The defense says there is no evidence of intoxication.
Brewer, 42, is also charged with DUI, speeding and four counts of reckless aggravated assault.
The witness said his own truck had a governor that limited the speed to 64 mph. He said that was about the speed he and Brewer were traveling. He said they likely went faster going down the long hill toward the Ooltewah exit.
He noted that the speed limit at that location is 65 for cars and 55 for trucks.
He agreed that in his original written statement he did not mention any brake lights on the Brewer truck.
The defense asked Judge Don Poole to grant an acquital on all counts. However, the judge said there was enough evidence to go to the jury.
Erinn O'Leary of the public defender's office, said, "The only sensible explanation is that he fell asleep."
District Attorney Neal Pinkston said there was no evidence that Brewer fell asleep. He said Brewer, when interviewed, made no claim about falling asleep but told about seeing brake lights ahead.
A defense expert who was due to arrive at the Chattanooga Airport was delayed because of a flight cancellation. He testified in the afternoon that an analysis of the TBI's handling of Brewer's blood test shows he did not have meth in his blood stream.
Pharmacist Robert Belloto also said if there had been meth that the test would not have distinguished whether it was illegal meth or that sold for nasal products.
He said drug use does not cloud the judgment of drivers. He said taking meth can actually improve driving performance such as with a person who is ADHD.