KENTON COUNTY, KY (FOX19) - A Kenton County Grand Jury has indicted the driver involved in a crash that killed a family of five in October.
Daniel Greis, 57, is facing five counts of wanton murder, Kenton County Commonwealth Attorney Rob Sanders. Each count carries a potential sentence of 20-50 years or life in prison.
Tuesday's indictment comes more than one month after Greis made his first court appearance strapped to a stretcher and wearing a hospital gown.
He has been in police custody at a medical facility since the Oct. 26 collision that killed three children and their parents in Independence.
Greis was driving on the wrong side of Staffordsburg Road when his car hit a Honda Accord driven by Rodney Pollitt, Jr.
Sanders said Greis was driving 96 mph under the influence of alcohol and marijuana in a 55 mph speed limit zone.
Police charged the 57-year-old about one week after the crash. He did not appear in court until he recovered from broken bones sustained in the head-on crash.
Pollitt and his fiancé, Samantha Malohn, 27, and their three children, ages 9, 8 and 6, died at the scene.
"His actions were in such disregard for the value of human life that they rise to the level of wanton murder," Sanders said.
Greis had just left Hickory Sticks Golf Course when he tried to pass another vehicle – despite Staffordsburg Road being a no-passing roadway, Sanders said.
His BAC was approximately between .083 and .092, according to officials. The legal driving limit in Kentucky is .08.
"I'm not sure that we will ever know what he was thinking," said Sanders.
Sanders called Staffordsburg Road (KY 536) a "busy country road" that is a heavily traveled connector between Kenton and Campbell counties. It is "certainly not a safe place to be trying to pass another vehicle," said Sanders.
Rodney Pollitt, Jr., 26, and Samantha Malohn, 27, had been together for 11 years and had three children together.
Family members say Samantha Malohn was a stay-at-home mother who cared for her oldest daughter, 9-year-old Hailie Ann, who had Down Syndrome. Rodney Pollitt worked as a bus driver for Kidz Club, a daycare in Erlanger.
Brenden Pollitt, 8, and Cailie Pollitt, 6, attended Sherman Elementary School. Their older sister, Hailie Ann, was a student at Dry Ridge Elementary.