NEW CASTLE — An Anderson man faces five felony charges stemming from a June traffic accident near Cadiz that resulted in the death of his 9-year-old son.

Anthony S. “Tony” Roberts, 45, Anderson, was behind the wheel with five friends and family members on June 6 when his car left Indiana 28. His son, 9-year-old Anthony J. Roberts of Chesterfield, died at the scene, and four others were treated for injuries.

Toxicology tests revealed Roberts had cocaine and marijuana, as well as prescription medications, in his system. On Sept. 26, prosecutors filed five felony charges against Roberts in Henry County Circuit Court:

— Causing death when operating a motor vehicle with a Schedule 2 controlled substance in body, a Class B felony

— Causing death when operating a motor vehicle with metabolite of Schedule 1 controlled substance in body, a Class B felony

— Reckless homicide, a Class C felony

— Causing serious bodily injury when operating a motor vehicle with a Schedule 2 controlled substance in body, a Class D felony

— Causing serious bodily injury when operating a motor vehicle with a Schedule 2 controlled substance in body, a Class D felony.

Around 1:48 p.m. on June 6, the Henry County Sheriff’s Department received a report of a traffic accident along Indiana 38 between Raider Road and Kennard Road.

In court documents filed by crash investigator Ryan Larrimore, Roberts said he was driving westbound in his 1993 Buick LeSabre on Indiana 38, just past Cadiz, when a white sedan traveling east began passing another vehicle. Roberts said he swerved to avoid the white vehicle, lost traction on loose gravel and struck two culverts before stopping.

“Mr. Roberts stated he swerved to avoid a head-on collision and went off the north side of State Road 3,” Henry County Sheriff’s Deputy Landon Dean said. “Other witnesses reported seeing a vehicle traveling eastbound at an extremely high rate of speed just seconds before the crash.”

Roberts’ 9-year-old son, Anthony J. Roberts, sustained severe head injuries in the crash and went into “traumatic cardiac arrest,” according to Dean’s report. Roberts tried unsuccessfully to perform CPR on his son, who was pronounced dead at the scene.

Also in Roberts’ car at the time were his daughter, Kaitlyn, 12, as well as friend Jeremy Hart, 36, of Anderson and his sons, Jacob, 7, and Nathan, 13. Roberts, his daughter and Jeremy Hart were treated for injuries at Henry County Hospital, while Jacob Hart was flown to Riley Hospital for Children in Indianapolis for head and face injuries.

Toxicology tests performed at Indiana University found “presumptive positive” amounts of benzodiazephines, cocaine and cannabinoids (marijuana) in Roberts’ blood.

“Roberts indicated that he had consumed one to two 12-ounce bottles of beer shortly after he awoke, that he had taken his prescribed medication, which consisted of two Narco pain pills and two or three 10-milligram valiums and one morphine tablet,” Elizabeth Willey of the Henry County Sheriff’s Department said in a report.

Willey’s report stated that the white Nissan was never found and Roberts admitted that none of the occupants was wearing a seat belt at the time of the accident. A witness, Jill Fitzhugh, said she observed no contributing cause to the accident and no white vehicle, in particular.

-----------

Anthony S. Roberts

Hometown: Anderson

Age: 45

Accident: On June 6, Roberts was driving west on Indiana 38 near Cadiz when his vehicle left the roadway and struck two culverts. His 9-year-old son, Anthony J. Roberts, was killed in the accident, and four others, including Roberts, were injured.

Charges: Causing death when operating a motor vehicle with a Schedule 2 controlled substance in body (Class B felony); causing death when operating a motor vehicle with metabolite of Schedule 1 controlled substance in body (Class B felony); reckless homicide (a Class C felony); causing serious bodily injury when operating a motor vehicle with a Schedule 2 controlled substance in body (Class D felony); causing serious bodily injury when operating a motor vehicle with a Schedule 2 controlled substance in body (Class D felony).