Former truck driver jailed in fatal crash north of Cushing at Hwy. 51 & 18

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By Patti Weaver

 

   STILLWATER — In an unusual development in a felony homicide case, a former heavy truck driver without a commercial license — who pleaded guilty two months ago to first-degree manslaughter in a 2002 fatal collision north of Cushing at the Highway 51 and Highway 18 intersection — was given a 90-day jail term Friday, followed by five years’ probation under a deferred sentence.
   After District Judge Jason Reese announced his decision regarding the fate of Andrew J. Nielson, 23, of Carlsbad, NM, family members of the victim, Julie Johnson, quickly left the courtroom and were unavailable for comment.
   Payne County Assistant District Attorney Jose Villarreal had sought a 20-year prison term, while defense lawyers asked for a deferred sentence for Nielson, who could have been given up to life in prison.
   In a pre-sentencing investigation compiled by Department of Corrections Probation and Parole Officer Clinton Moore, who recommended incarceration, one of the victim’s sons wrote, “Andrew Nielson took my mother’s life. He should spend the rest of his behind bars.”
   He said, “The actions of Andrew Nielson brought my life to a screeching halt. My mom was my whole world. When I lost her, I lost everything. My mom raised us three boys primarily on her own. She worked endless hours multiple jobs just to make ends meet.
  “My mother loved us boys with all her heart, and then she became a grandma, and she loved her grandkids more than anything in this world. Being a grandma was the best part of her life.
   “On April 29th of 2022, she left the house that morning before I even got to see her. She told me she was going to get a ladder for her grandkid’s bunkbed, and on her way home, she messaged me asking if I wanted to catch a movie, and I said no.
   “Thirty minutes later, I get a call telling me that my mom was in an accident, and my oldest brother was on his way to come and get me. I can remember it like it was yesterday, my brother pulling into the driveway. I rushed to the car, but the door was locked, and then he got out of the car.
   “I looked into my big brother’s tear-filled eyes, and I knew right there in my heart before a single word was said my best friend, my mom, the woman who brought me into this world, was no longer in it.
   “Andrew Nielson’s reckless driving is the reason me and my two brothers will never hear her laugh again. His arrogance is the reason my nephews and nieces no longer have their grandma. His erratic driving is the reason my handicapped aunt no longer has a sister.
   “To my understanding of Oklahoma’s laws, the minimum sentence is four years; that’s how long this case has already taken. I don’t feel that is long enough — my mom deserves justice.”
   Nielson was 19 and “operating a heavy truck and trailer combination that he was untrained to operate,” when he failed to stop at the intersection and struck a Nissan driven by the victim, who died at the scene, an Oklahoma Highway Patrol affidavit said. Nielson was arrested in Carlsbad, NM on Feb. 16, 2023, and remained free on $50,000 bond until the judge ordered him remanded to the Payne County Jail at 3:40 pm on Oct. 23, 2026.
   “On Friday, April 29, 2022, at approximately 6:31 pm, a fatal motor vehicle collision occurred at the intersection of State Highway 51 and State Highway 18 in Payne County,” Trooper James Stacy of the OHP Traffic Homicide Unit wrote in an affidavit.
   “During the investigation, it was determined that a white 2018 Ram 3500, operated by Andrew Nielson, was traveling westbound on SH 51,” while towing a trailer that was loaded with metal screens, his affidavit said.
   “A black 2014 Nissan Altima, operated by Julie Johnson, was traveling northbound on SH 18. The intersection of State Highway 51 and State Highway 18 is a four-way intersection controlled by stop signs in all directions.
   “The intersection was under construction at the time of the collision but was properly marked with stop signs. Nielson failed to stop for his stop sign and struck the Nissan in the intersection. The Nissan rotated clockwise as it departed the road and traveled down a concrete culvert on the northwest corner of the intersection.
   “Julie Johnson was pronounced dead at the scene, but Nielson was not injured.
   “Nielson stated that he observed the stop sign and attempted to stop by utilizing his exhaust brakes but realized he was not going to be able to stop before the stop sign. The pre-crash data indicated the Ram was traveling 60 mph approximately five seconds before impact. The Ram had oversized tires, which caused the speedometer to read slower than the actual ground speed of the vehicle.
   “Taking the size difference into account, the Ram was traveling at approximately 62 mph approximately five seconds before impact. Due to being in a construction zone, the speed limit was set at 45 mph. The Ram was traveling approximately 40 mph at the time of impact. Nielson was hauling the load for his employer at the time of the collision,” the affidavit said.
   A commercial motor vehicle enforcement trooper conducted an investigation that “found several violations including the fact that the electronic trailer brakes were not functioning. Nielson had a valid driver’s license but did not have a commercial driver’s license,” the affidavit said.
   “The conclusion of the investigation determined that Nielson was operating a heavy truck and trailer combination that he was untrained to operate. Nielson attempted to stop for the stop sign, but the heavy load and lack of electronic trailer brakes affected the stopping distance required.
   “Due to Nielson traveling faster than the posted speed limit, additional stopping distance was also required. Johnson died as a result of Nielson’s reckless disregard for the safety of others. Nielson was 19 years old and held a valid New Mexico driver’s license at the time of the collision,” the affidavit said.
   Since Nielson was given a five-year deferred sentence by Judge Reese, he will not have a criminal record of first-degree manslaughter if he successfully completes the terms of his probation including having a substance abuse evaluation, taking any recommended follow-up treatment, participating in a victim impact panel and performing 100 hours of community service.