The Jackson County District Attorney’s Office announced that after a thorough review of the evidence collected by the Serious Traffic Accident Reconstruction Team [STAR] (consisting of Medford Police Department and Jackson County Sheriff’s Office) concerning the fatal crash that occurred on April 2, 2015 near the intersection of Butte Falls Highway and Reese Creek Road, no criminal charges can be filed. On April 2, 2015, at approximately 11:56am, a witness called 9-1-1 to report a Plymouth Voyager mini-van driving erratically and all over the road, at a high rate of speed westbound on Butte Falls Highway. The next call came in to 9-1-1 at 12:05pm to report that a collision between a mini-van and semi-truck had just occurred on Butte Falls Highway.
Jerey Kuchera (DOB 5/18/59) was driving an unloaded log truck eastbound on Butte Falls Highway at approximately fifty miles per hour, in a fifty-five mph zone, when he observed the previously mentioned mini-van traveling westbound cross into his eastbound lane. Mr. Kuchera applied his brakes and tried to take his truck toward the drop-off on the shoulder of the road but ultimately was still struck head-on by the mini-van, in his lane.
Amy Foster (DOB 1/21/81) was driving the mini-van and her four children between the ages of four and nine were the passengers. Ms. Foster and her six-year-old child were pronounced dead at the scene, and the three surviving children suffered serious injuries eventually requiring life-flight to Portland.
Those three children continue to recover from those injuries. Mr. Kuchera suffered some minor injuries from the crash. The scene of the crash was investigated by the STAR Team.
Officers marked roadway evidence, photographed the scene, collected witness statements, and constructed a diagram of the crash. The conclusion of the investigation was that Ms. Foster was traveling too fast and failed to negotiate the slight bend in the road. This caused her vehicle to travel into the eastbound lane and on-coming traffic.
The investigation also revealed that Ms. Foster had cannabinoids, which are chemicals found in marijuana, in her blood. Mr. Kuchera consented to a Drug Recognition Exam at the Jackson County Sheriff’s Office and was found to not be under the influence of any intoxicants. Based upon the completed investigation, there is absolutely no evidence of culpability on Mr. Kuchera, and no criminal charges will be filed.
However, if Ms. Foster had survived it is likely that criminal charges would’ve been filed against her based upon the conclusion of the investigation.