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A Merrillville man was charged this week in a fatal highway crash in February, court records show.

Mathew K. Berry, 34, of Merrillville, was charged Wednesday with reckless homicide, two counts of criminal recklessness, and misdemeanor reckless driving and operating a vehicle with a Schedule I or II controlled substance or its metabolite in blood.

He is not in custody. When apprehended, he is ordered to be held on a $6,000 cash bond. Court filings do not yet show a lawyer.

Indiana State Police responded at 5:50 p.m. February 14 on I-65 north near Merrillville for a deadly three-vehicle crash between a Dodge Ram, a Ford Explorer, and a former 2011 school bus converted into an RV, towing a Hyundai Elantra.

The bus’ driver, William Binkley, 60, of Waukegan, Illinois, was declared dead at the scene from his injuries. His female passenger was airlifted to Chicago in critical condition with “serious” injuries, including a fractured nose and pelvis, the affidavit states.

Indiana State Police concluded that Berry, in the Ford Explorer, tried to pass David K. Rodgers’ Dodge Ram at a high rate of speed on the inside shoulder, court records state. Berry lost control, and hit the Dodge. The bus’ front-left end was struck, causing it to hit a “concrete bridge support,” records show.

Berry was driving 79 miles per hour at impact, charges state.

Berry’s female passenger went to the hospital with him for back pain, documents state.

Police also obtained multiple witness statements and a civilian car’s dash cam, charges show.

Rodgers, 49, of Gary was charged Wednesday after toxicology tests detected marijuana in his system, but no alcohol. He also briefly fought state troopers during his arrest, documents allege.

Police wrote that Rodgers was not at fault, the affidavit states.

Rodgers is charged with one count of battery resulting in serious bodily injury, two counts of battery against a public safety official and misdemeanor operating a vehicle with a Schedule I or II controlled substance or its metabolite in blood.

He made a court appearance Friday where public defender Richard Lewis Mayer was appointed, filings show. 

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