UPDATE from 6pm Tuesday 11/3
WAYNE, W.Va. (WSAZ) -- He's charged in the death of a man in a wheelchair after police say he ran over him in his tractor trailer last week.

On Tuesday, that truck driver, Michael Joyce, apologized. He spoke exclusively to WSAZ.com on the way to his first court appearance.

“Do you have anything you want to say to Mr. Scott's family?” asked WSAZ.com's Carrie Cline.

“I'm sorry, I never seen him,” Joyce said.

“Did you know you hit something?” Cline asked. “No,” Joyce replied.

“What were your thoughts when you found out you had killed a man?” Cline asked. “I started praying,” Joyce said.

Joyce has been a professional truck driver for at least 20 years. But, last Monday, while driving his tractor-trailer through Kenova, police say he ran over a man in a wheelchair. Joyce was turning onto 14th Street in Kenova when police say the back wheels of his truck went up on the curb, striking Deris Scott, killing him and dragging his wheelchair for more than two city blocks.

“We can't get inside of his mind -- I don't know what the truck driver knew or didn't know as to whether or not a person was involved," Wayne County Prosecutor Tom Plymale said. "But, we do know that the evidence would indicate that he left the scene where something had taken place that left debris on the road in two different places. That's what we’re looking at.”

Joyce faces a felony charge of leaving the scene of an accident causing death. That's punishable by up to three years in prison. He's also charged with two misdemeanors, including negligent homicide.

In court on Tuesday, his bond was reduced from $100,000 to $25,000. He posted that bond and was released from jail.

It has been a story that's resulted in nearly 400 comments here at WSAZ.com -- most saying he should have never been charged with a crime.

“I'm not unsympathetic to that," Plymale said. "I've talked to truck drivers and a lot have told me you can't feel these things, you can't get the impression. I understand that. I felt like the evidence at the scene was significant enough that he should be charged.”

“Mr. Joyce is a good man," said Benjamin Bryant, who is Joyce's defense attorney. "He's devoted to his religion. He's a professional driver. He is profoundly upset over Mr. Scott's death. This is a tragic accident.”

Also in court on Tuesday, Joyce waived his preliminary hearing -- deciding to let a grand jury decide if there’s enough evidence to go to trial. The felony charge of leaving the scene of the accident causing death is punishable by up to three years in prison.

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UPDATE Tuesday 11/3
WAYNE, W.Va. (WSAZ) -- The case against a tractor trailer driver who police say hit and killed a man in a wheelchair was sent to a grand jury Tuesday morning.

Police say Deris Scott, 68, of Kenova, died after the trailer of the semi Michael Joyce was driving, hit Scott’s motorized wheelchair, and knocked him out.

The fatal accident happened last month at the intersection of Route 60 and 14th Street in Kenova.

Police say Scott's wheelchair was dragged several blocks before a motorist was finally able to get Joyce to stop near the intersection with I-64.

Joyce, who is from South Carolina, is charged with felony negligent homicide and two misdemeanors - failure to stop at a scene and accident causing death.

During the preliminary hearing in Wayne County Magistrate Court, the case was waived to a grand jury.

The Magistrate also reduced Joyce's bond to $25,000. A representative of the trucking company was in the process of paying the bond so Joyce could be released from jail.

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UPDATE from 6pm Tuesday
KENOVA, W.Va. (WSAZ) -- One day after a tractor-trailer hit a man in a wheelchair and killed him, the truck driver continued to sit in jail Tuesday -- charged with felony negligent homicide.

It's raised some strong opinions on both sides of the issue. Should the driver be charged with a crime? And why are trucks using such a narrow road to access the interstate?

“It is against the law when you kill somebody because of your negligence, that's against the law -- even if it is an accident,” Kenova Police Chief Bob McComas said.

The chief is adamant when he says charging the truck driver, Michael Joyce, with felony negligent homicide is the right thing to do.

“We've got witnesses and statements that said they couldn't believe he left," McComas said. He had to know he hit the man. I wasn't there, I'm just telling you what people said.”

But, plenty of other people who also weren't there have weighed in on here at WSAZ.com. Out of more than 150 comments so far, the court of public opinion is wide ranging.

Many say it’s insane to charge the driver with a felony, calling it a tragic accident. But, others say the driver is getting what he deserves, and it was his responsibility to stop.

“It's an everyday thing," Ron Ferguson said. "Very seldom does a truck come around there that doesn't hit the curb.”

Ferguson owns Ron's Cars, located at the intersection where the accident happened. On Monday, witnesses said the back wheels of the truck caught Deris Scott's wheelchair, dumping him onto the street and dragging his wheelchair for more than two blocks. Ferguson blames the narrow road.

“Instead of turning there to get on the interstate, they can go two more miles down the road and have direct access to I-64," McComas said. "I'm not going to pass judgment on this driver. It's my job to just present evidence to the judge.”

Joyce is also charged with two misdemeanors -- failure to stop at the scene and accident causing death.

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UPDATE from 6pm
KENOVA, W.Va. (WSAZ) – A 68-year-old man was crossing the street in his wheelchair Monday morning when a tractor-trailer hit and killed him.

The accident happened just before 10 a.m. in Kenova, leaving a trail of damage for more than two city blocks. The Kenova community is mourning the loss of a man that lived his life giving to others.

"I just don't know how someone could turn a corner and not realize he drug someone for two city blocks," said Elaine Hairston, a friend of victim Deris "Scotty" Scott.

Not someone, something -- it was Scott's wheelchair being dragged after a tractor-trailer hit him at the intersection of U.S. Route 60 and 14th Street in Kenova, killing him and dragging the chair.

Kenova Police Chief Bob McComas said the tractor-trailer’s driver had made a wide right turn, and Scott, who was physically challenged, was run over by the rear wheels of the trailer.

Witness Steve Sullivan had just seen the man everyone knew simply as "Scotty" only minutes earlier. He described hearing a "loud thump" when the accident occurred.

"I hollered at him, and he wouldn't stop," Sullivan said. "I heard a girl hollering and saw a body."

Hairston said Scott attended Kenova Church of Christ.

"He came to the senior center and ate and studied there," she said. "He was wonderful -- always smiling and talking to you."

Hairston has known Scott for more than 20 years. She says ironically, he was hit by a car more than 50 years ago, landing him in the wheelchair.

"He was working on someone's vehicle and lost both his legs trying to help someone else," she said.

McComas said he doesn't believe the truck driver saw Scott. He said it took a good Samaritan to flag down the truck driver about a half mile later. He told police he thought he'd just run over a curb.

"It's a very sad day for Kenova and sad for policemen seeing that," McComas said.

The truck driver is Michael Joyce from South Carolina. He has been charged with negligent homicide and failure to stop at a scene and was taken to the Western Regional Jail.

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ORIGINAL STORY
KENOVA, W.Va. (WSAZ) -- Police say a man in a motorized wheelchair was killed after being hit by a tractor trailer in Kenova.

Officers say the accident happened at the the intersection of U.S. 60 and 14th Street around 9:50 Monday morning.

Kenova Police tell WSAZ.com, that the tractor trailer was heading east on Route 60 when the driver made a wide, right hand turn onto 14th Street heading toward I-64.

This all happened just as the man in the wheelchair was almost across the street.

That's when police say the back wheels of the truck caught the wheelchair, dumping the man and dragging the chair for several blocks.

Police say the vicitm is 68-year-old Deris Scott. He died at the scene.

Witnesses say he is simply known around town as "Scotty."

Kenova’s Police Chief says it was a good Samaritan that finally got the truck driver to stop near the entrance ramp to I-64. He says the driver was surprised by the news that he'd hit something.

The chief says charges are pending against the driver.

Kenova Police have called in crime scene reconstructionists from the West Virginia State Police to help piece this accident together.

Keep clicking on WSAZ.com for updated information.

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