Indy driver charged with reckless homicide after Uber passenger dies in fatal crash

SPEEDWAY, Ind. — An Indianapolis driver is charged with reckless homicide following a deadly crash.

In mid-May, along High School Road in Speedway, an Uber driver in a blue SUV was hit by the driver of a black SUV.

The passenger in the Uber, 37-year-old Josimer Franco, died after being ejected from the vehicle.

“All of a sudden a body flies out of the car, flew in the air and landed on the ground with the car on top of him,” said Johnette Lawson.

Johnette Lawson quickly called 911 after witnessing the horrific crash.  Unfortunately, the victim passed away on scene.

“It happened so fast and the car went right on top of him, so he didn’t have a chance,” said Lawson.

21-year-old Lamont Roberts is now charged with reckless homicide and causing death while operating on a controlled substance after court records claim he admitted to smoking marijuana earlier in the day and was driving 75 miles per hour in a 35 zone.

“In Indiana you don’t have to have intent to kill someone to be charged with reckless homicide.  That’s why it’s the lowest level of killing someone, because it’s an unintentional death,” said Attorney Mario Massillamany.

Massillamany isn’t connected to the case but said because reckless homicide doesn’t require intent, it’s an easy charge for prosecutors to prove.

“It’s actually easier to prove reckless homicide than driving under the influence because you don’t have to show whether the THC in his system was active or inactive,” said Massillamany.

Massillamany points out that THC can stay in a person’s system for a long time and the state does not have a specific limit for how much THC can be in someone’s system before it becomes a crime.

Unlike alcohol, any level of THC in the blood is illegal.

As more and more surrounding states legalize marijuana, Massillamany thinks state lawmakers may have to consider that issue in the coming years.

In the meantime, reckless homicide carries a punishment of one to six years in prison.

For her part, Johnette just wishes people would learn to slow down on the roads.

“People need to slow down. They act like it’s the Indy 500 around here,” said Lawson.

The suspect is due in court for an initial hearing next week. He has been granted a $5,000 cash bond.

Jesse Wells contributed to this report .

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