A Fayette County man is indicted for a fatal New Year's Eve crash.
23-year-old Ryan Schafer is facing charges of aggravated vehicular homicide in the death of 20-year-old Anthony Witherspoon.
Sun and time have faded the messages written on a cross to Athony "Tony" Witherspoon.
It marks the spot where he was found after a deadly crash. Backtrack a few dozen feet and the truck's devastating path is still visible.
Driving down Brock Road, it crossed traffic, slammed into a guardrail then launched across a stream to land on its top in a driveway.
"Not much you can say when something like that happens you know, there's no words, no," said Teresa Witherspoon.
Witherspoon, Tony's mother, chokes back emotion thinking about that night. Teresa dearly misses her son.
She showed 10TV a smiling senior picture and described Tony as a sweet child.
"Always helping people, yeah, that was just his character, I guess," Teresa said.
Tony was thrown from the truck, Ryan Schafer was in the cab, critically injured.
The sheriff's office reconstruction unit spent eight months figuring out who was driving and finally determined it was Schafer.
Schafer and his family declined comment.
10TV did speak with his attorney who said they plan to review the evidence themselves.
With the question over who was driving, there are two lawsuits out of this accident. The Witherspoons brought a wrongful death suit against Schafer. Schafer has a lawsuit against Tony's estate since he was injured in the crash.