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Third manslaughter count filed against Moore crash suspect

NORMAN — Two weeks after a speeding pickup struck seven student athletes outside Moore High School, prosecutors filed a third count of first-degree manslaughter against the driver.

Cleveland County District Attorney Greg Mashburn on Tuesday amended the charge against the driver, Max Leroy Townsend, after senior Kolby Crum died of his injuries Saturday.

In addition to the manslaughter count, the amended filing includes a third count of leaving the scene of a fatality accident. Townsend, 57, of Tuttle, is accused of drunken driving when his red Ford pickup struck the runners on a sidewalk about 3:30 p.m. Feb. 3. He faces 13 felony counts in all.

Townsend is also charged with manslaughter in the deaths of senior Rachel Freeman, 17, and sophomore Yuridia Martinez, 16. He could be sentenced to life in prison if convicted.

"Certainly it ups the stake for the defendant," Mashburn said of the amended charge. "It certainly aggravates the circumstances for him.

"I hope the families of the victims know that we're going to come up with a just result."

Freeman died at the scene. Martinez died the next day. Kolby, 18, suffered a head injury, collapsed lung and broken bones.

Also injured were Shiloh Hutchinson, 16, a junior; Joseph White, 17, a senior; Ashton Baza, 16, a sophomore; and Chance Marlett, 17, a senior.

Townsend was driving an estimated 78 mph when he struck the students, according to Moore police investigators. The posted speed limit is 25 mph.Police reported in a court affidavit the driver "did not appear to apply any brakes or slow the vehicle" before striking the seven students on the sidewalk with the front of his pickup. Police reported the driver left the scene without stopping "in an apparent effort to avoid detection."

Townsend was arrested after his pickup hit a car in a driveway and came to a rest, according to the affidavit. Townsend "admitted to being the driver of the vehicle and drinking a beer before the accident," police reported.

The results of a toxicology report are pending. Mashburn, however, told The Oklahoman "we have the evidence that he's under the influence" based on a field sobriety test given to Townsend following the crash.

Kolby’s funeral is set for 11 a.m. Thursday at First Moore Baptist Church, 301 NE 27. All are welcome.

Related Photos
<strong>Max Leroy Townsend</strong>

Max Leroy Townsend

<figure><img src="//cdn2.newsok.biz/cache/r960-d7698540ebc680937f487409f1ae379a.jpg" alt="Photo - Max Leroy Townsend " title=" Max Leroy Townsend "><figcaption> Max Leroy Townsend </figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-0b94eb5f4321c01307e223892e958f5c.jpg" alt="Photo - The truck, driven by alleged drunk driver Max Leroy Thompson, that hit six Moore High School students killing three sits in the road after the crash on Feb. 3. [Chris Landsberger/The Oklahoman] " title=" The truck, driven by alleged drunk driver Max Leroy Thompson, that hit six Moore High School students killing three sits in the road after the crash on Feb. 3. [Chris Landsberger/The Oklahoman] "><figcaption> The truck, driven by alleged drunk driver Max Leroy Thompson, that hit six Moore High School students killing three sits in the road after the crash on Feb. 3. [Chris Landsberger/The Oklahoman] </figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-914cf47cbf56d2ee7848e80e43b48a99.jpg" alt="Photo - Scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-ac26979ab23108b5f5c42e118e27103e.jpg" alt="Photo - Scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-ddaf64261b7ed102ec797361f5cc4b67.jpg" alt="Photo - A man leaves roses at the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="A man leaves roses at the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>A man leaves roses at the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-25348ad7bd7db4e9bbf52f8445f6e187.jpg" alt="Photo - A man leaves roses at the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="A man leaves roses at the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>A man leaves roses at the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-8e03f2026516b62473d975a6d518acd6.jpg" alt="Photo - Volkswagen Beetle that was hit at 108 Morgan Dr. by the pickup truck driven by Max Leroy Townsend, 57. The scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Volkswagen Beetle that was hit at 108 Morgan Dr. by the pickup truck driven by Max Leroy Townsend, 57. The scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Volkswagen Beetle that was hit at 108 Morgan Dr. by the pickup truck driven by Max Leroy Townsend, 57. The scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-c3ac1dd027c98f4832c25e601342393f.jpg" alt="Photo - Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-a815a528f017f02ded663e8700a2c029.jpg" alt="Photo - Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-6d8b6e8544c77b67e1a71657db5df98b.jpg" alt="Photo - Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Officers investigate the scene on Main Street where Moore High School students were run over by a pickup truck Monday, killing two, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-0ea325e65698d723c8da8a1d4ac98594.jpg" alt="Photo - Moore schools superintendent Dr. Robert Romines talks at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. Behind him is Dustin Horstkoetter, Sgt. Jeremy Lewis and Chief Todd Strickland. [Photo by Doug Hoke/The Oklahoman]" title="Moore schools superintendent Dr. Robert Romines talks at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. Behind him is Dustin Horstkoetter, Sgt. Jeremy Lewis and Chief Todd Strickland. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Moore schools superintendent Dr. Robert Romines talks at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. Behind him is Dustin Horstkoetter, Sgt. Jeremy Lewis and Chief Todd Strickland. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-9fedcbb4977313420333a6f9eecc3d35.jpg" alt="Photo - Moore police Chief Todd Strickland and Sgt. Jeremy Lewis talk at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Moore police Chief Todd Strickland and Sgt. Jeremy Lewis talk at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Moore police Chief Todd Strickland and Sgt. Jeremy Lewis talk at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-57fa652674b81f4dafd4787c14289326.jpg" alt="Photo - Moore schools superintendent Dr. Robert Romines and Dustin Horstkoetter react at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Moore schools superintendent Dr. Robert Romines and Dustin Horstkoetter react at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Moore schools superintendent Dr. Robert Romines and Dustin Horstkoetter react at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-3da707394737e454ca111ef7e098864d.jpg" alt="Photo - Moore schools superintendent Dr. Robert Romines reacts at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Moore schools superintendent Dr. Robert Romines reacts at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Moore schools superintendent Dr. Robert Romines reacts at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-3349a07003b28935b4f1039820958681.jpg" alt="Photo - Moore police Sgt. Jeremy Lewis talks at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Moore police Sgt. Jeremy Lewis talks at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Moore police Sgt. Jeremy Lewis talks at a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-7eb0e4ebd0834ee20ec4218acb8d3c8d.jpg" alt="Photo - Moore police hold a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]" title="Moore police hold a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]"><figcaption>Moore police hold a news conference about the Moore High School students that were run over by a pickup truck Monday, on Tuesday, February 4, 2020. [Photo by Doug Hoke/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-2f583eb06f48cf1048d0b59b39bb69c0.jpg" alt="Photo - Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-d457ceeb407b04d91828572f4ffb028d.jpg" alt="Photo - Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-a1a65b364d6f31cd09a63e667f0863f8.jpg" alt="Photo - Memorials are pictured at the sight of a hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="Memorials are pictured at the sight of a hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>Memorials are pictured at the sight of a hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-efab5c1901be272078761deac882bb6f.jpg" alt="Photo - Memorials are pictured at the sight of a hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="Memorials are pictured at the sight of a hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>Memorials are pictured at the sight of a hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-48bf711d41cc92bc06570d2cbd6ca280.jpg" alt="Photo - Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-cf41dbf3d1237437767e15b523b8513e.jpg" alt="Photo - People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-c17da82feb06e26eba5fc5e0c41a62e0.jpg" alt="Photo - Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>Community members pray during a vigil for students killed and injured in Monday's hit and run incident in Moore at Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-f880289cb3d1018b8b75a7d7e6cf8601.jpg" alt="Photo - People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-ce85cb04d717e80a363bd463c4fa1e50.jpg" alt="Photo - People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]" title="People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]"><figcaption>People gather around a make-shift memorials at the sight of a hit and run incident in Moore near Moore High School in Moore, Okla., Tuesday, Feb. 4, 2020. [Sarah Phipps/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-72adefc05f065e22d5c643cdfd9cbc52.jpg" alt="Photo - Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]" title="Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]"><figcaption>Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-c3dc632cbb1f727170436a50767bf0b6.jpg" alt="Photo - Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]" title="Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]"><figcaption>Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-fd832e9240c6c8ae8a6811d98d446c0d.jpg" alt="Photo - Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]" title="Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]"><figcaption>Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-abd2f27ba5c8029680d74e5038a2257b.jpg" alt="Photo - Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]" title="Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]"><figcaption>Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]</figcaption></figure><figure><img src="//cdn2.newsok.biz/cache/r960-f6e6ec21dc67e3bdd766c453534d678e.jpg" alt="Photo - Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]" title="Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]"><figcaption>Greg Mashburn, Cleveland County District Attorney, speaks in Norman, Friday, February 7, 2020. [David Morris/The Oklahoman]</figcaption></figure>
Tim Willert

Tim Willert is a native Californian with Oklahoma ties who covers K-12 education, including Oklahoma City Public Schools and the state Education Department. Before that he covered district, federal and appellate courts in Oklahoma County. Prior... Read more ›

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