Massachusetts Appeals Court March 24, 2004, No. 02-P-1049 (Commonwealth v. McGrath)

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.