OGDEN -- The last hurdle has been cleared before trial in the traffic mishap that led to the death of a 90-year-old Huntsville man in the summer of 2009.
Judge Michael Lyon ruled on a defense motion after oral arguments Friday on the legal nuances of intent in the charges against Brian Douglas Wilson.
Wilson's trial is set for four days beginning Feb. 27 on charges of failure to remain at the scene of an accident involving a death, a third-degree felony, and class A misdemeanor obstruction of justice.
Police say Wilson, 34, was driving a truck pulling a trailer that struck Art Mumford as he was walking along the side of the road near Huntsville on July 19, 2009.
Mumford was hit by the rear of the trailer, according to the allegations, and died from his injuries five days later.
Witnesses identified Wilson's vehicle, and Wilson was contacted later by sheriff's deputies.
The defense argues Wilson had no idea he may have struck Mumford.
Charges weren't filed until December 2010 because of the complexities of the case, which have led to several motions argued since.
Wilson's lawyer, Don Sharp, stressed Friday his client is not charged with causing Mumford's death or even causing the accident that injured him.
Lyon's ruling Friday clarified issues of whether prosecutors had to prove Wilson intentionally fled a fatal accident scene.
Sharp conceded the ruling says they only need to prove a reasonable person should have known they were leaving the scene of an accident.
But he said the ruling also allows him to argue to the jury his client had no idea Mumford had been injured.
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