Lynnway Auto Auction, President Face 5 Counts Of Manslaughter In 2017 Crash
BILLERICA (CBS) - Lynnway Auto Auction and its president, James Lamb, will face five counts of manslaughter for a 2017 accident that killed five people and injured seven. The driver of the vehicle involved in the incident will face no charges.
"These indictments allege that the company and Mr. Lamb are criminally responsible for willfully, wantonly, and recklessly failing to take appropriate actions that could have prevented the death of five people," District Attorney Marian Ryan said.
On May 3, 2017, a 2006 Jeep Grand Cherokee sped out of control and ran down several people before crashing through a wall. The crash killed five people and injured seven.
This after a 2014 accident sparked an investigation in which the Occupational Safety and Health Administration found numerous deficiencies, which Lamb agreed to fix at the time, including putting physical barriers between the driving and pedestrian lanes in the building, where the cars were driven in for display to potential buyers. No physical barriers were found at the time of the crash.
"We are aware that OSHA was involved with the auction house several times," Ryan said.
Ryan said this is the first time Middlesex County has charged a corporation with manslaughter, but both the company and its president "failed to implement safety measures, including, but not limited to, installing barriers to cordon off the auction lanes and protect the pedestrians mingling and maneuvering between and around moving vehicles."
OSHA inspected the facility immediately after the crash and cited Lynnway Auto Auction Inc. for numerous hazards. The agency issued 16 citations to the company for motor vehicle hazards, blocked exit routes, violations of the hazard communication standard, and record-keeping deficiencies.
Ryan said the driver of the Jeep was unlicensed and an employee of LynnWay. However, since the driver was not on a public way, he could not be charged with driving offenses and he would not be charged with manslaughter since the DA's office couldn't meet the burden of proof that the driver acted "recklessly."
Billerica Deputy Police Chief Roy Frost expressed his condolences to the families of the victims. "Obviously, this has been a very hard two years for them," he said. "It was a terrible scene."