Middleboro man pleads not guilty to charge of motor vehicle homicide while intoxicated

May 28, 2014

The Middleboro man who was charged with striking and killing an Onset man with his truck pleaded not guilty to all of his charges, including motor vehicle homicide while intoxicated, in Wareham District Court on Tuesday.

According to Wareham police, 24-year-old Joshua Macro of Onset was traveling in a wheelchair in the bike lane on Onset Avenue in the area of the Onset VFW just before 1 a.m. on Saturday morning when he was hit by a pickup truck driven by 28-year-old John Vandeusen of Middleboro.

According to Wareham officer Stephen Kearney's report, Vandeusen said he had just left Stevie B's and had three or four beers while he was there. Surveillance footage would show that Vandeusen also had a shot of hard liquor. Vandeusen was given a series of field sobriety tests, including reciting the alphabet, walking heel to toe and touching his finger to nose. Vandeusen registered a .207 on a preliminary breath test.

After booking he was taken to Marion Police station for a breath test, since the breath test machine was down in Wareham, and registered a .178 and a .179 according to Kearny's report.

According to police and others, Macro had been playing pool at the Fan Club on Cranberry Highway and was heading home to his Onset apartment, accompanied by a friend, Wareham resident Ryan Santos. Santos said he was pushing Macro in the bike lane because there were defects on the sidewalk that prevented the wheelchair from working properly, according to police.

Although they were traveling in the marked bike lane, it is not clear Vandeusen ever saw Macro.

Vandeusen said he hit the wheelchair and didn't realize until it was too late, according to a report by Wareham Police officer Stephen Kearney.

Later that morning, at 4 a.m., Vandeusen was interviewed by Wareham and state police officers and said he had no recollection of striking anything in the roadway.

According to the report by state trooper Joseph Kalil, Vandeusen said he believed he was traveling between 35 and 40 mph down Onset Avenue, stepped on his brakes because he believed “he was going too fast,” felt his truck pull to the right, and the next thing he remembered was crashing into the woods on the right side of the road. There were no skid marks at the scene.

The impact of the crash sent Macro hurtling into the woods beside Onset Avenue. Vandeusen’s truck crashed into the trees nearby and Macro's wheelchair was split in half. Police said Macro was unconscious and slowly breathing at the scene and was taken to Tobey Hospital, where he was later pronounced dead.

Vandeusen was arrested and charged with motor vehicle homicide while intoxicated, operating a motor vehicle so as to endanger, and failure to stay in marked lanes. He was arraigned in Wareham District Court on Tuesday.

The judge set the bail at $20,000 and while it was posted, the bail was returned because an alcohol-intake monitoring device has to be installed in Vandeusen's home. He is still being held at the Plymouth House of Correction according to a court official.