MASON, J.
On July 30, 2001, at about 6:15 A.M., the victim, Maureen Kane, was struck and killed by the tailgate of a truck as she was walking south on Route 134 in Dennis. A criminal complaint issued against the driver of the truck, the defendant Christopher McGrath, charging him with vehicular homicide, G. L. c. 90, § 24G, and also charging him with operating a motor vehicle negligently so that the lives or safety of the public might be endangered, G. L. c....
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