Driver set for trial in fatal Diagonal Highway crash
May 23—The driver accused of causing a crash that killed two people on Diagonal Highway last summer is set for trial.
Marcus Than, 22, pleaded not guilty Friday to two counts of vehicular homicide, one count of vehicular assault and one count of reckless driving.
Than is now set for a five-day trial starting Oct. 24 and a motions hearing on Aug. 10, according to online court records.
Than remains out of custody on a $50,000 personal recognizance bond.
The crash occurred about 11:20 p.m. July 26 at the intersection of Diagonal Highway and 34th Street.
According to police, a BMW sedan going west on Diagonal Highway made a left turn at 34th Street when it was hit by Than's Nissan Altima driving east.
Two passengers in the BMW, Brock Borman, 56; and David Vollmar, 53, died at the scene. The driver of the BMW, a 79-year-old man, was taken to the hospital with critical injuries. Than was taken to the hospital with injuries that were not life-threatening.
According to an affidavit, Than told police he was driving about 50 to 60 mph in what he thought was a 55 mph area.
But according to an affidavit, analysis of his vehicle's data recorder showed that Than was driving at about 88 mph seconds before the crash in a 40 mph zone. The driver of the BMW had slowed to about 19 mph to make the left turn.
A crash reconstruction expert told police that Than's speed caused the crash, and said that if Than had been driving at even 70 mph the crash would not have occurred.
Than said he was not on his cellphone, and police said neither of the drivers were intoxicated.
