KNOXVILLE, Tenn. — A judge sent the case for a man accused of criminally negligent homicide in a crash on Chapman Highway that left a 22-year-old dead to a grand jury Thursday, according to our reporter in the courtroom.
With the argument of negligence, the testimony provided by the accident investigator, and the witness in court Thursday, the judge bound over the homicide charge as charged following the preliminary hearing. The case will move forward.
Francisco-Eduardo Franco Cambrany, 44, was arrested on Dec. 29 after KPD investigators said he was responsible for a crash on Chapman Highway that killed 22-year-old Pierce Kennedy Corcoran.
The state argues Francisco-Eduardo Franco Cambrany swerved into oncoming traffic to avoid a slowing car when he hit Pierce Corcoran. Prosecutors say he should have moved into an empty lane.
Cambrany did not have proof of insurance or a driver's license, but did have an ID from Mexico.
Defense Attorney Mark Stephens says his client did not have time to react.
"This was negligent," said Stephens. "This was a car accident, and I dare say there is not a person in this court room that hasn't been in a situation where somebody stopped in front of them or somebody has run out in front of them and they react."
Knoxville Police Officer Tim Edwards was the lead investigator in this case and played a key role in determining whether Cambrany should be charged with criminally negligent homicide. He says there were two cars traveling slowly or stopped waiting to make a turn on Chapman Highway waiting to turn into a self storage facility when Cambrany swerved into oncoming traffic to avoid them. He hit Corcoran's car, which was then hit by two pick-up trucks following behind him.
Assistant District Attorney Rachel Russell made the case that Cambrany chose to swerve into the oncoming traffic.
"Individuals who drive cars are given the responsibility of being responsible in those cars," said Russell. "When you are driving down a road with a speed limit of 45 miles an hour, after dark, with a double yellow, with no turn lanes, in traffic, you have to be responsible. You have to know what is going on around you."
When he was arrested, there was a hold for ICE on the warrant. A couple days later, he was transferred to an ICE holding facility in Alabama. Cambrany was there from Jan. 4 through Jan. 9, according to a 10News reporter who was in the courtroom for his first hearing. Authorities reportedly transferred him back to Knox County the day before that hearing.
Last week, a judge revoked bond for Cambrany until Thursday's preliminary hearing because there was fear that ICE would take him and he would not be able to appear in court.
Pierce, the victim in the crash, is the son of Knoxville Fire Department Captain DJ Corcoran.
This story has gained national attention as the debate over illegal immigration continues. Prosecutors say Cambrany is in the country illegally. Wednesday, Pierce Corcoran's family was in Washington where they met with Vice President Mike Pence at the White House.