Barney Lerten
(Update: Kumar arraigned on manslaughter indictment; new bail amount)
BEND, Ore. (KTVZ) — A truck driver whose jackknifed rig allegedly caused a crash that killed a newlywed couple east of Bend last week was arraigned Wednesday on more serious charges of first-degree manslaughter that could lead to a longer prison term. A judge agreed as a result to double his bail amount, to $500,000.
A five-count indictment signed Tuesday and filed Wednesday morning charges Rajinder Kumar, 32, with two counts of first-degree manslaughter, a Class A felony, and three counts of recklessly endangering another person. a Class A misdemeanor.
Oregon State Police arrested Kumar, a Fresno, Calif. resident from India, after the Nov. 24 crash on U.S. Highway 20 about 50 miles east of Bend in which a newlywed couple was killed when their SUV slammed into the semi’s trailer. Federal immigration officials claim he entered the U.S. illegally three years ago and have lodged an arrest detainer for him, should he be released.
He initially was charged with two counts of criminally negligent homicide, a Class B felony that in Oregon carries a maximum penalty of 10 years in prison and a $250,000 fine on each count.
The new manslaughter charges accuse Kumar of causing the couple’s deaths “under circumstances manifesting extreme indifference to the value of human life.” Each manslaughter count in Oregon carries a maximum penalty of 20 years and a $375,000 fine, upon conviction. Under Oregon’s Measure 11, a manslaughter conviction also carries a mandatory minimum of 10 years in prison, with no option of early release.
The reckless endangering charges identify three other people who the truck driver allegedly created “a substantial risk of serious injury.”
At Wednesday’s brief arraignment, Deputy District Attorney Caleb Staats asked Circuit Judge Randy Miller to double Kumar’s bail from $250,000 to $500,000 due to the more serious charges. Miller had increased his bail a day earlier from $100,000.
Defense attorney Andrew Ince did not contest the bail increase Wednesday but reserved the right to argue the matter later.
Miller scheduled a plea hearing for December 23.
Earlier story:
BEND, Ore. (KTVZ-December 2) — A Deschutes County judge more than doubled the bail amount Tuesday for a California truck driver arrested after a crash last week east of Bend that killed a newlywed couple. He is now the subject of an Immigration and Customs Enforcement arrest detainer, accused of being in the country illegally.
Circuit Judge Randy Miller agreed to a prosecutor’s request to increase the bail for Rajinder Kumar, 32, of Fresno, from $100,000 to $250,000.
Kumar was arrested by Oregon State Police last week on two counts of criminally negligent homicide and one of reckless endangering after troopers said he jackknifed his truck on U.S. Highway 20 about 50 miles east of Bend. Troopers said he failed to put out emergency warning equipment before an SUV slammed into the trailer, killing driver William Michah Carter, 25, and passenger Jennifer Lynn Carter, 24.
Miller also agreed to drop the requirement that Kumar surrender a passport before he can be released on bail, since he does not have one. Instead, the judge ordered Kumar to start wearing a GPS location tracker as soon as possible after his release. Kumar had already posted the required 10% of the lower bail amount for his release, but remained jailed due to the passport issue.
The Department of Homeland Security announced late Monday that it had lodged an arrest detainer for Kumar, who the agency said is from India and entered the country illegally at the Arizona border three years ago.
It was the third court hearing in a week for Kumar, assisted by a Hindi interpreter. A fourth is scheduled Wednesday afternoon for his arraignment on an expected grand jury indictment.
Deputy District Attorney Caleb Staats asked Judge Miller that Kumar be prohibited from leaving the state. He told the judge a grand jury was reviewing the case Tuesday and an indictment was imminent, adding that “we do anticipate more serious charges being brought.”
Thomas Lower of Idaho, the father of crash victim Jennifer Lower Carter, was on the phone and given a chance to speak to the judge. Accompanied by his wife, he told the judge they agreed with the new release requirements and had been concerned about Kumar’s lack of ties to the community.
“This is a terrible tragedy, and we wish to see justice served,” he said.
But court-appointed defense attorney Andrew Ince objected to the higher bail amount.
“The only new information the state possesses now is the alleged immigration status of my client,” Ince said – the only reference to that issue during the proceeding. “I don’t think it’s appropriate for the court to increase the security, based on that new information.”
Ince also said he’d spoken with a member of Kumar’s family in California, who said he “lives at a home with several other close friends and family.” He asked that Kumar be allowed to return to his home in California while the case proceeds.
“I believe while it’s understandable my client does not have strong ties to Oregon, he does have strong ties to the overall United Sates,” Ince said. “Given his strong ties to California, it would be extremely difficult for requiring my client to live in Oregon for the pendency of this case.”
Judge Miller called it “appropriate to increase security to $250,000” to address the flight risk concerns. Kumar’s lawyer said he would look into whether the GPS tracker would work in California, but for now, Miller said he is “not leave the state of Oregon – period – at this point.”
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