SAN BERNARDINO – (INT) – A Superior Court judge refused Friday to dismiss criminal charges against Timothy McClelland, a CalFire unit chief.

McClelland is accused of causing a crash on the 210 freeway 2-years ago that killed a Banning man.

Prosecutors say he was texting while driving his CalFire truck resulting in a 3-vehicle crash.

The California Vehicle Code allows emergency personnel to use a cell phone while driving but only in the course of official duties.

McClelland has denied misdemeanor manslaughter charges and will return to court in October.

Killed in the August 2012 crash near Del Rosa Avenue was Gregory Kirwin of Banning.

Story Date: June 7, 2014