Initial report changed to reflect cause of accident.

The California Highway Patrol has changed its mind about the primary cause of the October 2007 crash in the Newhall truck route tunnel that claimed three lives and injured 23 people.

CHP reports in November 2008 said that defective brakes on the truck driven by Jose Reyes most likely caused him to lose control of his vehicle, jackknife and strike a cement barrier, which led to the massive pileup and resulting fire that sealed the tunnel.

A report leaked to the Los Angeles Times this week stated that the CHP has now concluded that Reyes’ speed – 65 MPH – on the rain-slicked highway were the reason he crashed, setting off the fatal chain-reaction.

Since the Times’ story appeared, officials at the CHP have declined to comment on the report citing pending litigation. A spokesman at the CHP’s Southern Office said he had no idea how the newspaper got the report, saying that an attorney of one of the accident victims could have given it to them, but that the state agency was prohibited from sharing the report with the press.

In November, the Los Angeles County District Attorney’s office refused to file charges against Reyes because the alleged equipment defect was out of his control. The DA’s office said that defense experts could refute the claim of speeding.

Deputy District Attorney Courtney Armendariz said that there was insufficient evidence to believe that Reyes could be found guilty of misdemeanor vehicular manslaughter beyond a reasonable doubt, and the statute of limitations to charge Reyes has now run out.