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CLEVELAND (WJW) — The FOX 8 I-Team has found a dump truck driver charged with aggravated vehicular homicide for a crash last month in Cleveland that killed a train conductor.

Police have filed a charge against Ryan Hundley.

The crash happened in the middle of the night last month off West 3rd Street.

Investigators said a dump truck with a full load hit a Norfolk Southern train and crushed the conductor, Louis Shuster.

A court complaint said Hundley “did negligently” cause the death by “failing to exercise due care” crossing the train tracks.

Police have said the National Transportation Safety Board is also investigating. As we reported last month, so is OSHA, the Occupational Safety and Health Administration.

A police report shows there were no flashing lights or gates at the rail crossing, nor was there lighting on the train car to show it was going in reverse.

The court complaint shows the truck driver is receiving a summons to come to court soon to face a judge and begin defending himself.

Just after the crash, Vince Verna, vice president with the Brotherhood of Locomotive Engineers and Trainmen, told the I-Team:

“We’re very sorry to hear about the tragedy with our union brother there. That accident will be investigated fully to see what happened and how we can prevent this in the future.”