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ALFRED — A Sanford police officer who reconstructed a fatal crash on Lebanon Street in Sanford two years ago testified Wednesday at the manslaughter trial of the truck driver who hit a teenage boy in the crosswalk. The boy, 15-year-old Corey Cabana, later died in the hospital.

Mark Stuart, president of Stuart, Torno and Stuart, a Lebanon general contracting firm, was driving the dump truck, which was loaded with crushed stone. Testimony the previous day by Maine State Police Motor Carrier Inspector Dan Russell revealed the dump truck had faulty brakes.

Both Stuart and the company are charged with manslaughter.

Justice John O’Neil is hearing the case at York County Superior Court. Stuart and the company waived their right to a jury trial, which means the case will be decided by the judge.

Sanford Police Officer Scott Foisy, the reconstructionist, took the stand Tuesday afternoon and his testimony continued Wednesday.

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In response to questioning by prosecutor Thad West, Foisy said if Stuart had applied his brakes before yelling at Cabana to stop and get out of the way, he would have been able to stop the truck, despite the faulty brakes, before he got to the crosswalk.

Attorney Devin Deane, who is assisting defense counsel Peter DeTroy, queried Foisy about perception and reaction times. He reminded Foisy that Stuart had told him he didn’t think Cabana was going to enter the crosswalk; Stuart had apparently first seen the teenager while he was on Nason Street.

In opening statements Tuesday, DeTroy said witnesses would testify that Cabana came down Nason Street on a skateboard, “barely losing speed,” and then shot across the street.

“He never looked right or left,” DeTroy said. “He had earbuds and a hat on.”

DeTroy said Stuart was driving 15 to 20 miles per hour down Lebanon Street toward Sanford’s Main Street when the crash took place.

West, the prosecutor, said in his opening statement that Stuart had been told by former employees that the truck had problems, its inspection had expired six months before the crash, and said given its condition, a crash was inevitable.

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The testimony continued.

An examination of the 1997 International truck by Maine State Police took place at 5 p.m. on the day of the crash, July 13, 2012, and turned up 15 violations of the federal motor carrier code, according to an inspection report. Nine were tagged as “out of service violations,” which meant the truck could not be legally operated until repaired, the report stated. Among other listed deficiencies, the truck’s inspection had expired Dec. 31, 2011, about six months before the crash.

Stuart, Torno and Stuart was fined $16,000 in district court in January 2013 in connection with the violations.

— 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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