Attorney: Driver charged in fatal James Island Connector accident has been cooperative

Police have charged the driver of the van pictured above in the death of Dr. MItchell Hollon. (File Photo)

CHARLESTON, S.C. (WCIV) -- A charge has been filed against the driver of a van involved in a deadly accident on the James Island connector.

After consultation with the Ninth Circuit solicitor's office, the Charleston Police Department has charged Gregory E. Rupley with improper lane usage.

Dr. Mitchell Hollon, 54, was killed Tuesday, July 5th after police say Rupley swerved into the shoulder of the road and knocked him over the side of the bridge.

Rupley's attorney, David Aylor, said his client is very saddened by the death of Dr. Hollon and has been cooperative with the investigation into Hollon's death.

"Mr. Rupley has fully cooperated with police and provided his cell phone, computer and any information requested by police officers," Aylor said.

Aylor claimed in a statement released on Thursday that the use of cell phone or texting as a cause of the accident was ruled out at the scene.

Lt. Chip Searson, of the Charleston City Police traffic division argues that isn't the case. Searson says the possibility that Rupley was using a cell phone or texting has not yet been ruled out.

Rupley is expected to appear in municipal traffic court September 1, 2011.