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Sleep Apnea Truck Driver Charged With Vehicular Homicide

by Jana Ritter - Published: 4/18/2016

The owner-operator of a septic tanker truck has been officially charged with criminal vehicular homicide after a head-on collision in October that killed a 31-year-old man driving a pick-up truck. On Thursday the charges were filed at the Lake County Courthouse in Minnesota and if convicted, 59-year-old truck driver, John Ray Carpenter, faces up to 10 years in prison and a $20,000 fine. He's been ordered to appear in court to face the charges on May 6 at the Minnesota State District Court.

                                                              

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According to the criminal complaint, Carpenter caused the death of Andrew Johnson on October 22, by operating a motor vehicle in a grossly negligent manner. The complaint also alleges that Carpenter admitted to sheriff's deputies at the crash site that he had "blacked out" and crossed the centerline, hitting Johnson’s pickup truck head-on. Several eyewitnesses also told deputies that they watched the septic tanker truck cross the centerline and then swerve back towards the shoulder and then back again "a half-dozen or more times" - moments before the crash occurred. He also allegedly told authorities that "he has spells every once in a while that cause him to think his eyes are open when they are not," the complaint adds. Tragically, Johnson died at the scene from injuries suffered in the crash.

In further damaging evidence against Carpenter, the complaint also cites that he was involved in an accident just a week earlier when his tanker truck hit a parked vehicle and at least 13 other accidents between 2000-2015. Investigators had also obtained access to Carpenter's medical records revealing that he has a documented history of obstructive sleep apnea since 2001. In 2005, his driving privileges had been briefly suspended for failing to submit to a physical exam. It's now being questioned how Carpenter got his driving privileges reinstated while still suffering from the disorder. During further questioning, Carpenter also admitted to federal and state investigators that he had experienced about six previous episodes involving medical problems, some of which also resulted in crashes. Investigators also found multiple violations on Carpenter's federal hours-of-service regulations and evidence that on the day before the fatal crash, Carpenter had falsified his records on his hours of rest between truck driving jobs.

Last November, the U.S. Department of Transportation declared Carpenter unfit to drive a commercial truck due to the fatal crash and his driving record. He was declared "an imminent hazard to public safety" and "medically unqualified to operate a commercial motor vehicle" because of a condition that causes him to "fall asleep or lose consciousness while driving."


Erick Painter
Erick Painter
This asshole makes drivers look bad. He doesn't deserve a driving privilege.
Thomas Graham
Thomas Graham
Sad
Kris Carter
Kris Carter
Yeah and threat of someone with the same condition driving a 25 ton motor coach converted RV isn't relevant?
Chris Seiley
Chris Seiley
I always thought that. Why shouldn't they have to get a CDL. Bus drivers do. You have to have a class b for straight trucks. Makes no damn sense to me.
James R Maxwell
James R Maxwell
They vote! AARP lobbies.
Chad Klingshirn
Chad Klingshirn
Sounds like the Dr. Giving him his DOT physical is a real piece of work. I believe the medical examiner should assume partial responsibility for not doing their job.
Phil Killerlain
Phil Killerlain
The sad part about this is that you can fix sleep apnea either with a cpap or some can simply use a dental mouth piece , and most insurances will pay for it ! And even if you do not have insurance it total if you shop around costs less than a thousand for testing and the cpap or mouth piece
Edward Fleckenstein
Edward Fleckenstein
I have been a driver many. Years besides this I never see anybody do a pre-trip out there and most of you commenting. Don't eather so your just as dangerous out their also !!
Robert Westra
Robert Westra
Sleep apnea test should be mandatory for ALL drivers every 6 months. The roads need to be safe at all times we need more inspectors to check not just a 72 hour crack down once a year
Carl VanDuyn
Carl VanDuyn
Knowingly driving with whatever condition or conditions he had is beyond disturbing. Enjoy the next 10yrs in prison. You have helped make the rest of us look like intentional unconscious murders!
Patrick Andrews
Patrick Andrews
Something sounds fishy here once again sounds like they are smearing a truck driver before he even goes before a jury guys think about it
Jacob O'Bar
Jacob O'Bar
Sleep apnea does not make you fall asleep. Narcolepsy does!!!!!!
Jim Goff
Jim Goff
With sleep apnea, if he doesn't use a cpap or bipap at night to sleep, he's hardly getting any rest/sleep. So he's falling asleep while driving.
Jacob O'Bar
Jacob O'Bar
Jim I know what sleep apnea is. The way he was saying he blacked out is from narcolepsy my brother in law has it. And does it all the time
Don Tireman
Don Tireman
OK let's look at some facts..according to the article, the driver was diagnosed in 2001..being that his current age is 59, his age at the time was 44. There was no indication that he was receiving treatment..and so his condition has likely worsened due to physiological changes, i.e., weight gain due to decreasing hormone and activity levels, so in all likelihood, he is suffering from extreme sleep deprivation which is inducing episodes of microsleep..Narcolepsy is usually diagnosed in a person's adolescent years and does not cause those who are diagnosed to stop breathing momentarily repeatedly during the night. I have sleep apnea. I have occasionally had microsleep episodes characterized by the lane marking stripes crossing to make an X. I stopped driving commercial vehicles several years ago, not because of sleep apnea, but due to several other chronic conditions and the increasing number of medications needed to treat them..
David Fletcher
David Fletcher
So should anyone else who knowingly participated in allowing him to still be driving.
Eric Kenny
Eric Kenny
WHY HAVE THEY NOT PULLED HIS LICENSE ALL TOGETHER! Even in a regular car this guy can kill someone!
Kevin Richardson
Kevin Richardson
He had sleep apnea and on a machine and still fell asleep?
Daniel Kettlewell
Daniel Kettlewell
It didn't say he was on a machine.....nor if he was using one in compliance. My guess is he had been diagnosed years ago and was not using a cpap machine. It also says he was already declared medically unqualified.
Jimmie Waites
Jimmie Waites
Correct....
Erick Painter
Erick Painter
With the machine I sleep better but like everyone people do get tired. Common sense cannot be controlled by a machine. This driver just seemed to be hard headed.
Jeff Spriet
Jeff Spriet
How the hell did he have a job with that kind of record
Scott Guiler
Scott Guiler
It said that he's an owner operator.
Jeff Spriet
Jeff Spriet
I wonder how he found someone to insure him then
Kim Sallinger
Kim Sallinger
I'd like to know his csa score with that many accidents how is he even hirable
Kim Sallinger
Kim Sallinger
This is why we jump threw hoops.....elogs, physicals, one bad apple.....look out
Carl McDonald
Carl McDonald
Makes all drivers look bad, they will use it against others
Jim Van Houtan
Jim Van Houtan
He should go to jail for a long time
Aaron S Caldwell
Aaron S Caldwell
He is a snitch on himself! About time
Steve Hawkins
Steve Hawkins
This type of driver makes me hate our Industry. Alot of idiots. Then they wanna lump us together!
Aaron S Caldwell
Aaron S Caldwell
Yes sir my BROTHER! How have you been. Hope your well. Was in LA and Vegas for a min. Chilling. You need to take brakes when you can. Just cover your a as and always expect the unexpected! Always... SAFETY FIRST..Look forward to hooking up hang out some time. BLESSINGS and LOVE ,DRIVVVVeerrrr.....
Steve Hawkins
Steve Hawkins
He'll yeah!!! I'm in MN right now but I'll be in touch soon. Definitely thinking about selling this company and doing some solo work for land star.... load board go where I want. Having guts work for u is a pain in the ass!!!!
Aaron S Caldwell
Aaron S Caldwell
Landstar step deck. Military loads. They are getting strict on rules but dann great money per deuim and mile. Get tight with broker. Heck you buy a bad a as crimes out ,fat 600 cat , great tears,pull mountains. Ill drive for you(ofcourse pay is right,coast to coast!
Steve Hawkins
Steve Hawkins
I'm making some moves soon. I'll let u know. U got ur own rig right? ??
Everett Whisenhunt
Everett Whisenhunt

Everett Whisenhunt
Everett Whisenhunt

Everett Whisenhunt
Everett Whisenhunt

Everett Whisenhunt
Everett Whisenhunt

Everett Whisenhunt
Everett Whisenhunt

Darrell Hughes
Darrell Hughes
14 accidents damn!!!!!!!!!!!!!!!
Jayson Welborn
Jayson Welborn
No
Cesar Ledezma
Cesar Ledezma
EL Calderon Christian Martinez Aaron Ornelas Jaime Ortega
Aaron Ornelas
Aaron Ornelas
Esta cabron!
Cesar Ledezma
Cesar Ledezma
Y si ta un poko crazy
Aaron Ornelas
Aaron Ornelas
No mames ese vato tenia un chingo de accidents como lo dejaban manejar?
Cesar Ledezma
Cesar Ledezma
No idea es cabron el viejillo
Aaron Ornelas
Aaron Ornelas
Y si!
Aaron Ornelas
Aaron Ornelas
Ramiro Banks
Stephanie Rymer Morgan
Stephanie Rymer Morgan
Jayson Welborn