L’ANSE — The Illinois man charged with being the driver in a fatal crash at the Holiday gas station in L’Anse in November 2022 is scheduled for a plea hearing in Baraga County Circuit Court Tuesday.

Dawaun Johnson, 24, of Highland Park, Illinois, had appealed a circuit court ruling on the admissability of prosecution evidence to the state Court of Appeals. Last week, the appeals court ruled against Johnson, denying one application for lack of merit and another one for not persuading the court of the need for immediate review.

Johnson was working for the trucking company CR England when the semitruck veered off the road and collided with the pumps before continuing into the store.

Baraga resident Al Dantes, who was fueling his truck outside, was killed. A Holiday station employee working in the store was injured. The collision also sparked a fire severely damaging the station.

In a hearing last year, Johnson’s attorney, Keith DeForge, sought to quash the bindover of the court from 97th District Court. He also sought to get a charge of operating while intoxicated – causing serious injury dismissed.

DeForge had argued evidence seized after a request for field sobriety tests should be thrown out because there had not been enough probable cause. That extended to the results of the test, as well as the field sobriety tests and later blood draw at the hospital. His blood-alcohol level was found to be 0.156 percent about two hours after the crash.

Johnson is charged with operating under the influence – causing death and operating while intoxicated – causing serious injury. If found guilty, he could be sentenced to up to 15 years in prison. He also faces a misdemeanor charge of having an open alcohol container in a vehicle.

Johnson had been scheduled for a trial in May.