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WICHITA — Jurors on Wednesday heard varying versions of what eyewitnesses saw, when a truck driven by Matthew Noel crashed into a car on Kellogg last February, killing 5-year-old Amber Randolph.
Noel, 27, is charged with involuntary manslaughter in Amber’s death and aggravated battery in the injury of her mother, Michelle, who was driving the car when the collision occurred about 3:45 p.m. Feb. 12. Noel’s defense claims his friend, Ron Bevan, caused the accident. Prosecutors say Noel’s reckless driving resulted in the fatal crash.
The witnesses each described seeing two pickup trucks driving at high rates of speed west on Kellogg that afternoon.
Ralph Espinoza recalled riding with his wife, on their way to see a movie at the west Warren Theatre. That’s also where Michelle Randolph said she and Amber had just been, and were driving east. Espinoza remembered seeing snow that had been cleared away from the road and piled up during the near the median.
"If you get too close to that snow, you could easily lose control," he remembered telling his wife.
About then, Espinoza saw a red pickup pass them. He estimated his wife was driving 60 to 65 mph. The truck, he said, was going 80 or faster.
“He was going too fast,” Espinoza said.
Two witnesses called by the defense, however, said the red Chevy wasn’t speeding.
Melanie Samo said Noel’s truck was behind her Toyota Prius. She estimated she was going 60 to 62 mph.
Alberto Robles, who was visiting Wichita from Salina, also noticed the older model red Chevy. He likes old trucks and said he thought this one was particularly well kept. Robles said the truck was driving appropriately.
Tim Garcia also was driving west on Kellogg about the same time, when he saw a gray pickup, “driving crazy,” speeding and swerving in and out of lanes.
Garcia testified he saw the gray pickup pull in front of a red pickup.
Garcia made two 911 calls: Listen to his first call | Second call
Edward Epp, a veterinarian from Independence,was driving to Pretty Prairie to see his mother. Epp, also called by the prosecution, when he saw the two trucks. He said they were both traveling similar speeds.
“They were traveling side-by-side, before the gray pickup cut off the red pickup,” Epp testified.
Robles testified for the defense, said there was “no way” the two trucks were racing.
The red truck lost control and went up over the concrete median.
"The red truck has no place to go." Robles said. He testified he saw the red truck brake, swerve and go over the barrier.
Samo said she saw the driver of the truck struggle with the steering wheel, trying to regain control of the vehicle.
Theodore Jackson, meanwhile, was riding with his wife, east on Kellogg, when he saw the truck sliding along the top of the median.
"I told my wife she needed to do something, because there was a pickup on the wall and it was coming over (toward them)," Jackson told the jury, after being called to the stand by prosecutors.
Jackson said the truck slid on the wall about 100 feet, went over the wall, skidded over the lanes of traffic and crashed into a car on the shoulder. His wife pulled and they rushed to the crash. They saw Michelle Randolph was injured, and Jackson said he helped her away from the car. Another man, who also stopped, tried to unlatch the girl in the back from her car seat but couldn’t get it unlatched. A firefighter arrived and was able to take Amber out of the car, Jackson recalled.
In court, Jackson identified Noel as the driver of the red truck.
" ‘I’m sorry, I didn’t have anywhere to go,’ ” Jackson remembered Noel saying after the crash. “ ‘A gray van cut me off.’ "
The prosecution rested its case Wednesday.
The trial is scheduled to continue throughout today before Sedgwick County District Judge Warren Wilbert.
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