Man pleads not guilty to homicide
On behalf of his client David Herb, attorney Michael McKone pled not guilty Aug. 11 to vehicular homicide in the April 21, 2003, death of Georgie Vogel.
Citing health problems, Herb, 42, of Council Grove, did not attend the hearing in Marion County District Court and waived his personal appearance.
A jury trial was requested with 90 days to prepare the case. The trial was set for Nov. 17 with a status hearing at 11:30 a.m. Oct. 13.
Herb is accused of the Class A Person Misdemeanor following a fatal accident where the vehicle Herb was driving crashed into an office at Martin Marietta Rock Quarry, north of Marion.
Vogel was an employee at the quarry and was at her desk at the time of the accident. Two other people were injured in the incident.
Herb was charged with vehicular homicide for "unintentionally killing Vogel by the operation of an automobile in a manner which created an unreasonable risk of injury to the person or property."
Lee Davidson, assistant Kansas Attorney General, is prosecuting the case due to conflict of interest by county attorney Susan Robson and the firm with which Robson is affiliated, Brookens and Collett.