Criminal charge ruled out in death.

Byline: Rebecca Nolan The Register-Guard

A 21-year-old Eugene woman probably will not face criminal charges in the death of a friend who fell from a pickup truck she was driving Sunday, the Lane County District Attorney's Office said Wednesday.

The driver, Jessica Tutt, may still be charged with driving under the influence when the results of a blood analysis come back, Chief Deputy District Attorney Alex Gardner said.

"At this point the question is will she or will she not be charged with driving under the influence of intoxicants," he said. "Based on the preliminary information we have now, this case does not appear to involve criminally negligent behavior."

Tutt was behind the wheel when Kelly Ann Hover, also 21, kneeled on top of a tool cargo box in the bed of the truck before falling to her death about 3 a.m. Sunday on Warren Street near Timberline Drive in Eugene.

Tutt, Hover and another passenger, Andrew Michael Rosborough, 22, of Eugene, had all been drinking at Taboo, a downtown Eugene nightclub, with employees of KNRQ Rock 97.9 FM, owned by Cumulus Broadcasting. They had also visited Eugene's WOW Hall that night.

Rosborough is "Icky" on KNRQ's morning radio show, "Vinnie & Icky." Tutt is a receptionist at Cumulus Broadcasting and studies graphic design at Lane Community College. Hover worked as a waitress at El Torito Mexican Restaurant on Valley River Way. She graduated from Churchill Alternative High School in 2003.

Rosborough told police that Hover knelt on top of the box behind the cab. She fell out of the truck as Tutt drove south on Warren Street. Tutt drove back to the spot where Hover fell and called 911 while Rosborough tried to revive Hover. Both Tutt and Rosborough remained at the scene and cooperated with police.

Hover suffered serious head injuries. She was pronounced dead at Sacred Heart Medical Center.

The incident is still under investigation, but preliminary information indicates Tutt was not speeding, weaving or driving in a reckless manner, Gardner said. She told investigators she believed Hover and Rosborough were lying flat in the bed, he said.

"Hypothetically speaking, if a person in the back of a truck is doing something the driver doesn't know about and happens to fall out of the back, the driver is not necessarily criminally negligent," Gardner said.

Hover's family is planning a Celebration of Life for noon Saturday at Richardson Marina at Fern Ridge Lake. She is survived by her parents, three grandparents and three sisters.