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Preliminary hearing set in double fatality accident

J. B. Miser, 64, of Emporia made his first appearance Aug. 29 in District Court of Harvey County in the deaths of Marion residents Brandi Billbe and Lori Leeders.

A preliminary hearing will be at 1 p.m. Sept. 22, at the Harvey County courthouse.

Miser was the driver of a tractor-trailer that was involved in a crash May 10, 2004, on, U.S.-50 near the Marion/Harvey county line.

He was charged with aggravated battery, two counts of vehicular homicide, reckless driving, and failure to comply with traffic regulations in a road construction zone.

The most serious charge, aggravated battery, is a felony. If found guilty, Miser could serve 31-136 months in prison.

The charges of vehicular homicide are class A person misdemeanors and prison time cannot exceed one year for each charge.

The last two charges are a misdemeanor and infraction, respectively.

The case originally began in Marion County but before the trial began it was determined the incident actually happened in Harvey County.

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