A grand jury has decided to indict the operator of the crane that killed a man on Lane Avenue this summer.Mark Burcher, 38, of Westerville, was indicted on one count of involuntary manslaughter, which is a third-degree felony, and on two counts of driving under the influence, a first-degree misdemeanor, said Dan Cable, assistant Franklin County prosecutor assigned to the case. If convicted of involuntary manslaughter, Burcher faces up to five years in jail and a $10,000 fine, said Cable. A driving under the influence conviction carries a maximum of six months in jail, a $1,000 fine, and a life-time driver’s license suspension, he said. Burcher’s blood-alcohol level at the time of the accident was measured at .17 percent by a urine test, said Cable. The legal limit for Ohio is .10 percent.Marvin Kuhn, 45, of Columbus was killed the morning of July 21 when the boom of a crane fell on his car. The crane was working on the Schottenstein Center arena site. Burcher will be arraigned on Nov. 19, said Kari Kattrell, spokeswoman for the Franklin County prosecutor’s office. At an arraignment, the person indicted enters a plea, and the judge will set bond and appoint counsel if needed, she said.”I’m very disappointed that the grand jury turned this indictment with these charges,” said George Luther, Burcher’s attorney. “I will strenuously defend Mark (Burcher) against these allegations.”Kevin Wheeler, a detective for the Columbus Division of Police who investigated the case, said there was more than enough evidence to indict Burcher.”I pushed for the indictment,” said Wheeler. “We believe that (alcohol) was a big factor.”Wheeler testified before the grand jury Wednesday.Dale Perdue, the attorney for Kuhn’s family, said the family is pleased that the criminal justice system is finally moving forward.”We thought he was chemically impaired the whole time,” said Perdue. “The family’s anxious for the case to proceed. We want the criminal trial to be over so we can proceed with the civil trial.”Kuhn’s family is suing PJ Dick Inc., the owner of the crane and the construction company in charge of the site, Mark Burcher, and the spotter for the crane (who cannot be identified until after the criminal trial is over), said Perdue.PJ Dick Inc. also owned the crane that damaged the Richard and Annette Bloch Cancer Survivors Plaza on Lane Avenue on May 21. In September, the Occupational Safety and Health Administration fined PJ Dick $5,625 for safety violations in connection with the accident that killed Kuhn.Jon Abbey, vice president and general manager of PJ Dick, could not be reached for comment.Ruth Gerstner, director of news services for University Communications, said OSU had no official statement on Burcher’s indictment. Gerstner said OSU has great sympathy for Kuhn’s family but that OSU has no comment on the court proceedings.