Dump truck driver on trial for 2nddegree murder in Warren girl’s death
Experts differ on exact cause of fatal crash
The driver of a dump truck that fatally crushed a 10-yearold Warren girl in a car is on trial for second-degree murder this week in Macomb County Circuit Court.
Macomb prosecutors, backed by an expert opinion, contend that six of eight inoperable brakes on Timothy Otto’s truck caused it to crash and fall onto a Honda Accord occupied by Giana Giannini, who was killed, at 10 Mile and Ryan roads in July 2020. Otto knew about the hazards and created a risk of great bodily harm or death, prosecutors say.
But a defense expert on Tuesday testified the prosecution’s expert is wrong, that six of the eight brakes were operable, and a “busted” brake line at the left front wheel caused the crash that Otto could not have foreseen.
That expert, James Idema, who inspected the truck, testified “nobody” could have known the brake line would break.
“Mr. Otto had no clue this line was going to break,” Idema said. “Nobody could’ve known this was going to happen. There’s no tell-tale signs.” He said it broke from rust. His statements contradict the testimony earlier Tuesday by Shelby Township Police Officer Derek Stansbury, an accident reconstruction expert. Stansbury said one of the two working brakes was made defective because oil leaked onto the rotor and pad. He said the truck never should have been on the road.
“Whenever I see oil and grease” on a rotor “it is considered defective brakes,” he said. “With that many brakes not functioning properly, the vehicle wouldn’t have been able to stop. That alone places the truck out of service because of the danger to safety that it imposes.”
Stansbury said he did not see any ruptured brake lines.
But Idema, a certified mechanic and with certifications in heavy duty brakes, insisted in his testimony he “tasted” the fluid on the outside of the left front wheel and determined it was brake fluid, not oil.
“I found it had zero relevance to breaking because it (pad) was not contaminated,” he said. “I can prove it was not saturated” with photos of the area.
Idema showed the jury several photos while explaining his views.
The trial began Friday in front of Judge Edward Servitto and is expected to conclude Thursday.
Otto is also charged with involuntary manslaughter and reckless driving causing death, both punishable by up to 15 years in prison. Seconddegree murder carries a penalty of up to life in prison.
The crash occurred about 10:30 a.m. July 25, 2020, as Giana and her mom, Erica, were driving from a Tim Horton’s eatery near their home, which Giana frequented because she loved the food. She had eaten one bite from her sandwich when her car was struck by the 43,000-pound truck and trailer driven by Otto east on 10 Mile. The truck swerved and a backhoe chained to the trailer landed on the Accord, which was traveling on Ryan.
Giana died from blunt force trauma to her “head, torso and extremities and traumatic asphyxiation,” according to the autopsy report by county Medical Examiner Dr. Danile Spitz, said Assistant Macomb Prosecutor Corey Newman.
Otto, in an interview with Warren police Detective Dale VanHorn, said he and his son, Daniel Latrouno, drove from their Chesterfield Township home to Ajax Trailers at 10 Mile and Dequindre roads and hooked up the trailer to his cab. He began to drive to go perform sewer work, he said. He said they were close to the intersection when he realized the brakes weren’t working. He said he moved into the left turn lane due to cars stopped in the two eastbound lanes. He said he swerved to try to avoid traffic.
“It was an accident. I couldn’t stop,” Otto said in a video and audio recording of the interview that was shown in court. “I slid through the light. I don’t know. I stepped on the break and couldn’t stop.”
His son, who was in the front passenger seat, testified Otto was “pumping the brakes all the way down” to the floor.
Otto said he did not “have problems” with the brakes previously.
The truck had several violations, including non-working headlights and brake lights, the wrong license plates for the trailer and truck, and had not been inspected as required since 2015.
Attending the trial Tuesday were Giana’s parents, Erica and Bryon, and aunt, Angela Lulgjuraj.
Erica Giannini said she wants Otto to take responsibility for her daughter’s death.
“I know it can’t bring back my daughter,” she said. “(But) I absolutely want a conviction.”
She and her aunt described Giana as a loving, energetic girl who lit up the lives of those around her. She liked passing out sea shells.
“She was such a ray of sunshine,” Lulgjuraj said. “She was always singing and dancing, playing with her mom or dad.”