Arrest made in death of moped driver in August 2014

A Cromwell, Indiana man has been arrested on charges related to the death of a moped driver in August 2014.

Around 5:35 a.m. on August 29, 2014, deputies with the Elkhart County Sheriff's Department responded to the 14000 block of CR38 for an accident involving a car and a moped.

The driver of the car, James D.R. Fugate, told deputies he did not see the moped as he approached it from behind and could not stop in time to prevent hitting the moped, according to deputies.

The moped driver, 24-year-old Jennifer Myers, was thrown from the moped and pronounced dead at the scene.

After the crash, investigators spoke with Fugate. He allegedly said he didn't see the moped before he hit it. He also allegedly admitted to smoking marijuana before the accident, according to the probable cause affidavit.

A witness told deputies Fugate's vehicle was driving erratically prior to the accident. The witness said Fugate's vehicle nearly went off the road several times and it went left of center three or four times, according to the probable cause affidavit.

Another witness reported seeing the moped prior to the accident and its taillight was illuminated. The witness told deputies he had no difficulty seeing the moped.

The lead investigator on the case found evidence the lightbulb of the moped was illuminated at the time of the crash, according to the probable cause affidavit.

A blood draw from Fugate revealed the presence of THC, Alprazolam and Methadone in his system, according to the probable cause affidavit.

Deputies said a computer check revealed Fugate did not have a prescription for either medication, reports said.

Charges against Fugate were filed in June 2015.

He was arrested on Sunday, March 12, 2017.

Fugate has been charged with causing death when OWI with schedule I or II controlled substance,  and causing death when operating motor vehicle while intoxicated.

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