By John Estridge
A Brookville man charged with four felonies regarding a head-on collision on U.S. 52 and resulted in the death of the other driver claimed it was the other driver who crossed the centerline.
Franklin County Prosecutor Chris Huerkamp charged Josh Trammell, 43, Brookville, with Operating a Vehicle under the Influence of a Controlled Substance, as a Level 4 Felony; Operating a Vehicle while Intoxicated Causing Death, as a Level 4 Felony; Reckless Homicide, as a Level 5 Felony; Illegal Possession of a Syringe, as a Level 6 Felony; and Habitual Offender.
If found guilty of the last charge, Habitual Offender, and guilty of the other charges, then Trammell’s sentence will be enhanced.
Jenni Fasbinder, Brookville, was declared dead at the scene of the accident.
According to an Affidavit for Probable Cause written by Franklin County Sheriff’s Department Deputy Jason Lovins, two hypodermic needles were found with the debris that fell out of Trammell’s 2001 Chevrolet Silverado when it was righted by a wrecker.
Following the accident, Trammell’s blood was taken at Margaret Mary Hospital in Batesville. It was then sent to the Indiana State Department of Toxicology for analysis. The affidavit claims the toxicology report states Trammell had amphetamine and methamphetamine in his system at the time of the crash.
Lovins, was the first law enforcement officer on the scene the day of the crash, July 7.
According to a press release, concerning the accident released at the time of the accident, the accident occurred on U.S. 52 west of Brookville and east of its intersection with Yellow Bank Road. It was near the rock house on the north side of the road.
It was determined the Silverado, with Trammell the driver and only occupant of the Silverado, was pulling a trailer in the eastbound lane and went left of center, colliding head-on with a 2014 Kia operated by Fasbinder.
After the collision, the Silverado rolled over, coming to rest on its driver’s side, while the trailer became dislodged from the pickup truck. The Kia Soul went off the south side of the road where it caught fire.
Brookville Volunteer Fire Department responded to the scene and extinguished the flames.
The on-scene investigation, which included the Franklin County Sheriff’s Department and the Indiana State Police, took six hours with the highway closed the entire time.
Lovins said in the affidavit, Trammell sustained head and facial injuries and appeared to be bleeding profusely. When Lovins questioned Trammell about the accident, Trammell said the Kia went left of center striking his Silverado.
According to Lovins, Trammell’s claim was not supported by what Lovins observed at the scene.
Trammell was transported to the hospital for treatment of his injuries and the subsequent blood draw. Lovins received the results of the toxicology reports on Wednesday, August 11. Charges were filed the next day.
On the charging Information for the Habitual Offender charge, Huerkamp alleges Trammell is a Habitual Offender because he has accumulated three or more prior, unrelated felony convictions. Huerkamp then listed Trammell’s prior felony convictions.
They are: Battery, as a Class D Felony, October 17, 1997; Resisting Law Enforcement, as a Class D Felony, July 28, 2010; Theft, as a Class D Felony, July 28, 2010; Theft, as a Class D Felony, July 3, 2012; Theft, as a Class D Felony, December 3, 2014; Check Fraud, as a Class D Felony, December 18, 2014; Theft, as a Class D Felony, November 6, 2017; Possession of a Narcotic Drug, as a Level 6 Felony, March 23, 2017; and Intimidation, as a Level 6 Felony, February 9, 2019.
Trammell has another three cases pending in Franklin Circuit Court 2. They are: Resisting Law Enforcement Using a Vehicle, as a Level 6 Felony and Driving while Suspended with a Conviction within 10 Years, as a class A misdemeanor, which was filed on February 22; Operating a Vehicle while Being an Habitual Offender, as a Level 6 Felony, which was filed on July 7, 2020; and a Miscellaneous Criminal case filed on June 22, 2020.
If convicted of a Level 4 Felony, Trammell could receive a sentence of two to 12 years in prison.
Trammell was arrested on the morning of August 12 and as of this writing remains in the Franklin County Security Center.