INDEPENDENCE, Ky. -- The only survivor of a Kenton County crash that killed a young family of five has been charged with five counts of murder, according to Kenton County Commonwealth's Attorney Rob Sanders.
"In this case, I don't think anyone is claiming that Mr. (Daniel) Greis intended to kill anyone -- only that his actions were in such disregard for the value of human life that they rise to the level of wanton murder," Sanders said.
Greis, 57, of Independence, was driving a 2014 Honda Pilot westbound on Staffordsburg Road when he went left of center at about 4:53 p.m. Oct. 26 and hit the Pollitt family's Honda Accord.
Rodney Pollitt Jr., 26, of Independence, was driving; Samantha Malohn, 27, of Dry Ridge, was in the passenger's seat. Hailieann, Brenden and Cailie Pollitt -- ages 9, 8 and 6, respectively -- were in the back seat. All five died and were laid to rest Thursday.
Sanders said hospital tests revealed Greis had a blood alcohol concentration between .083 and .092, which put him over Kentucky's BAC limit of .08 for driving under the influence. Greis was driving westbound in the eastbound lanes, attempting to pass a vehicle despite the double yellow line on the "heavily traveled country road," Sanders said.
Greis was flown by medical helicopter to the University of Cincinnati Medical Center with serious injuries. Sanders said he will remain in an undisclosed medical facility under 24-hour guard until his medical condition permits him to be moved to the Kenton County Detention Center. Greis' first court date will not be set until that time.
Although murder is a capital offense in the Commonwealth of Kentucky, Sanders said this case does not qualify for the death penalty because it was not intentional. The offense carries a punishment of 20 to 50 years or life in prison.
Watch Sanders' full news conference in the video player below.