Lynnway Auto Auction Charged With 5 Counts Of Manslaughter

BILLERICA, MA — The Middlesex District Attorney's office on Thursday announced manslaughter charges against Lynnway Auto Auction and its president, James Lamb, in a 2017 crash that killed five people. Lamb and his company have each been charged with five counts of manslaughter, Ryan said.

Seven others were also injured on May 3, 2017, when a 76-year-old Lynnway employee accidentally drove through a crowd on the auction floor.

Prosecutors allege both the company and Lamb, who was responsible for the day-to-day operations, were aware of shortcomings in the safety measures at the Billerica facility and failed to ensure that all drivers were properly licensed and trained.

Investigators reviewed reports by the Occupational Safety and Health Administration, which cited Lynnway for 16 violations and penalized the company $200,000 last year, and Lynnway reports that described previous incidents in which employees were struck by vehicles or otherwise injured in unsafe conditions, the DA's office said.

The company was previously told it should not employ unlicensed drivers but failed to ensure its drivers were licensed and knew how to operate the vehicles, according to the DA.

Shortly after 10 a.m. on May 3, 2017, a 2006 Jeep Grand Cherokee driven by a Lynnway employee drove into a pedestrian area, striking several people before crashing through a cinderblock wall. Two victims, Pantaleon Santos and Leezandra Aponte, were pronounced dead at the scene. Three others, Brenda Lopez, Elliott Rowlands Jr. and Ruben Espaillat, later died from their injuries.

Nine others were taken to area hospitals with injuries.

The Jeep was estimated to be traveling at 32 mph at the time of the crash and crossed the length of the building in under four seconds, according to the DA's office. The driver of the Jeep had an expired license, authorities said.

Ryan's office said the driver will not face criminal charges, as he was allowed to drive on private property without a license.

Investigators also found that Lamb signed a certificate of corrective action worksheet and abatement letter in response to an incident in 2014 that seriously injured a Lynnway worker. Despite guaranteeing action, the company failed to implement safety measures such as installing barriers between the vehicular and pedestrian auction lanes, the DA's office said.

Per a settlement with the U.S. Department of Labor last year, Lynnway agreed to correct hazards and implement "significant" safety measures, including designating and marking non-driving locations, walkways and crosswalks; installing barriers in the auto auction area; establishing and enforcing speed limits and a safe driving program; periodically evaluating employees' driving capabilities and licenses; providing employee training; and reviewing accidents or near-misses.