An Everett man and his grandfather were each charged today with one count of failure to secure a load in the first degree for an incident on August 18 when the pickup truck they loaded spilled a shelving unit onto Interstate 5 and killed another motorist.

The charge filed today is also known as "Maria's Law," named for Maria Federici, a young woman who was severely injured from an unsecured load accident on Interstate 405 in 2004. It's the first time the new law has been used in Washington State.

Brian Campbell, 21, was driving his grandfather's pickup truck when the shelving unit spilled from his truck onto the roadway near Shoreline. The driver of a Honda Civic, Gavin Coffee, 43, swerved to avoid the debris and was struck by another car and killed.

Campbell's grandfather, William Clark, 77, who helped load the truck and was in the passenger seat, is also facing a charge of failure to secure a load in the first degree. The King County Prosecutors Office indicates that both defendants share equal responsibility for securing the load and were negligent.

Failure to secure a load in the first degree is used when injury or death is involved. The charge is a gross misdemeanor punishable by up to one year in jail and up to a $5,000 fine. However, if convicted, prosecutors would ask the court to impose a fine and community service in lieu of jail time. Prosecutors would recommend that the defendants perform community service at the Maria Federici Foundation.

"When we lobbied for this law, it was our hope that we would never have to use it," said King County Prosecutor Norm Maleng. "Unsecured loads are a hazard to everyone on the road, and the responsibility of anyone who loads or drives a truck," Maleng added.

Both defendants remain out of custody pending arraignment on October 2 at 1:30 p.m. in the East Division of King County District Court in Redmond.

The new law also includes incidents where a vehicle spills a load that damages property but does not cause injury. A charge of failure to secure a load in the second degree is a misdemeanor punishable by up to 90 days in jail and up to a $1,000 fine.

Dated: September 19, 2006