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ALFRED — The president of a Lebanon general contracting firm, who was driving a dump truck that fatally struck a 15-year-old boy in Sanford two years ago, is scheduled for trial Tuesday at York County Superior Court.

Mark Stuart, 53, has been charged with manslaughter in connection with the death of Corey Cabana, who was on a skateboard in a crosswalk on Lebanon Street when he was struck on July 13, 2012. Cabana died later that day in the hospital.

The company, Stuart, Torno and Stuart, Inc., was also indicted on a manslaughter charge ”“ the first against a corporation in York County in many years.

The dump truck, which was carrying a load of crushed stone, was determined to have faulty brakes, among other deficiencies, and the vehicle’s inspection had been expired for six months.

Stuart has waived his right to a jury trial; instead, the case will be decided by a judge.

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Cabana, who would have been a junior at Sanford High School this year, died at Maine Medical Center in Portland, where he had been airlifted following the crash. The teen had been on a skateboard and was crossing Lebanon Street in the vicinity of Nason Street, about 3 p.m. that day when he was struck by the Stuart, Torno & Stuart, Inc. dump truck traveling east.

During a hearing in September, Justice John O’Neil banned Stuart from driving until the manslaughter charge has been resolved.

Stuart, Torno & Stuart, Inc. was fined $16,000 in Springvale District Court in January 2013 after being convicted of four motor vehicle violations ranging from operating an uninspected motor vehicle to unsafe operation.

An examination of the 1997 International truck by Maine State Police took place at 5 p.m. on the day of the crash. The examination turned up 15 violations of the federal motor carrier code. Nine of the 15 violations were tagged as “out of service violations,” which meant the truck could not be legally operated until repaired, according to the inspection report.

Among other listed deficiencies, the truck’s inspection had expired Dec. 31, 2011, about six months before the crash.

A motor carrier inspector with the Maine State Police said a later audit of all of the company’s vehicles found three of four had violations and were placed out of service. All of the company’s vehicles were brought into compliance following the audit.

A Maine State Police crash report states the driver, Stuart, saw a pedestrian on a skateboard about to enter the crosswalk and attempted to alert him by yelling at him. The pedestrian entered the crosswalk and the vehicle was unable to stop. The report states the pedestrian attempted to avoid the truck, but was unable to and was struck by the driver’s side rear tires. Police recovered a skateboard, a music device, wire and earbuds, sneakers and a hat from the scene.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.



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