WAS JUSTICE SERVED?

WAS JUSTICE SERVED?
submitted by:
Chet Wolgamot
Manchester Township
This editorial appeared this week in the Tuesday Journal Press.

July 18, 2007

Three innocent human beings were violently killed, children orphaned and others seriously hurt in the triple fatality accident on SR 350 on June 9th. Yet a hand slap by Dearborn County Prosecutor Negangard for the responsible driver appears to be the sole atonement and proposed end of story for these killings.

I’m disappointed in the public response to this judgment by Prosecutor Negangard. Who will speak for the victims of this heinous act?

One of the contributing factors of the crash, as reported by investigating ISP officer Sgt. Dan Goris at the press conference of July 9th, was vehicles pulling to the side of the road in response to “the police escort vehicle using it’s emergency lights and the driver waving to traffic to slow down”.

Why was the reserve officer using an uncommon hand wave in addition to his emergency lights? Did this extraneous hand waving cause the oncoming traffic to become confused as to the officers intent and pull over and stop vs. merely slowing their rate of speed, thereby directly contributing to the crash,? No witness statements, review of the officers qualifications or statement as to the adherence to proper and safe policy for this assignment have been offered by the authorities. It appears as if the authorities are not being forthcoming concerning their own contributing role in this tragedy

The other contributing factors cited by Sgt. Goris, were that “the driver had only been driving alone for about eight months and was not an experienced driver” and “the driver was diverted to watching the large number of passing motorcycles” . These findings seem more attuned to mitigating Brian Withers degree of involvement than assigning responsibility? Are the victims and their fellow riders responsible by diverting Brian Withers attention?

Brian Withers had just passed a lighted emergency vehicle and it’s hand waving officer. Why was he still at or above the posted speed limit per the findings of the investigation instead of lowering his speed per state law? And doesn’t this clear violation of state law “meet the standard for reckless disregard for the consequences” that Prosecutor Negangard fails to find?

The prosecutors office is supposed to speak for the victims, not the offenders. Law enforcement investigating themselves can be suspect. A quick ruling of accidental is great news for Brian Withers and does eliminate the risk law enforcements role may be scrutinized at a potential criminal trial.

Unfortunately, the forgotten victims families are left with nothing but tragic memories of loved ones lives violently cut short and we’re all left with the lingering suspicion that this investigation might have been about “what was best” rather than “what served justice”?

Given the severity of the accident, the repercussions to so many lives and the many unanswered questions, I would think Prosecutor Negangard would be prudent to revisit his decision to judge this case himself and instead offer a grand jury the opportunity to weigh the factual evidence. If he feels he cannot pursue prosecution in the case, he should step aside. The victims families and the citizens of Dearborn County deserve a fair opportunity to acquire retribution for this violent event.

Chet Wolgamot
Manchester Township

Sources:
The Cincinnati Enquirer, June 10 and June 11, 2007
The Journal Press, June 13, 2007, July 10, 2007