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Elite Member
Drunk Driver Arraigned for Murder of District 3 Maintenance Worker
Jeanne Scherer, Assistant Chief Counsel, Legal
Many of you heard about the tragic death of Gary Smith last November, struck and killed by a drunk driver while manning a road closure and detour on SR 99 in District 3. Gary, along with a co-worker, set up the road closure several hours earlier in response to an earlier collision (also caused by a driver under the influence of alcohol) approximately 8/10s of a mile north of the Caltrans road closure to allow California Highway Patrol (CHP) Valley Division Multidisciplinary Accident Investigation Team (MAIT) to complete their investigation of the first collision.
The road closure met or exceeded all maintenance guidelines, and included multiple advance warning signs, portable changeable message signs and portable lighting. Despite the closure being in place for a number of hours, with hundreds of motorists approaching the closure and safely being detoured onto the county road, all the precautions were of no avail when along came the drunk driver and plowed into the closure. Both Caltrans workers watched the pickup approach and appear to be making the detour turn onto the county road, only to veer at the last minute and come straight into the spot where the workers were standing. The drunk driver didn't stop or slow down, but continued to drive approximately another 7/10s of a mile up to the location where the MAIT officers were working. When later questioned by the CHP the driver was unaware he'd struck and killed anyone, thinking he'd only "hit a cone."
Seems this isn't the first driving under the influence (DUI) offense for this individual, he had three prior
convictions, the last conviction just a few months before Gary's death. Ordered by the court as part of sentencing in a prior DUI conviction to install an ignition lock on his vehicle, this would have prevented the car from starting if he had been drinking (Breathalyzer switch). At the time of Gary's collision the driver had not yet installed the device and there was no follow-up required by law enforcement to ensure he had in fact done so.
The driver was recently arraigned in the Butte County Superior Court on all charges filed against him by the District Attorney's office, including a charge for murder. The foundation for the court upholding the charges
for purposes of trial was the excellent testimony offered by both the investigating CHP officer from the Chico area office and one of the Valley Division MAIT officers who were called as witnesses at the
preliminary hearing in February. The trial is currently set to take place in July, 2011.
The Legal Division has been working closely to assist the District Attorney's office with the preparation of witnesses and evidence in an effort to have the murder charge stick. While a conviction will not bring Gary
back, if convicted of murder, this driver will once and for all be off the street and could be sentenced to prison for life. At the very least, he will be put away for a very, very long time. District Executive Staff and Legal has been in attendance at all significant court hearings as a show of support for both the Smith and the Caltrans families. Legal will continue to provide technical assistance to the District Attorney as appropriate.
This is a sad reminder that even when you do everything right by following or even exceeding all the maintenance manual guidelines and using due care, tragedy can still strike.
Even if you are facing traffic DO NOT ASSUME YOU KNOW WHAT THE DRIVER IS GOING TO DO. STAY ALIVE BY STAYING ALERT AT ALL TIMES!
Jeanne Scherer, Assistant Chief Counsel, Legal
Many of you heard about the tragic death of Gary Smith last November, struck and killed by a drunk driver while manning a road closure and detour on SR 99 in District 3. Gary, along with a co-worker, set up the road closure several hours earlier in response to an earlier collision (also caused by a driver under the influence of alcohol) approximately 8/10s of a mile north of the Caltrans road closure to allow California Highway Patrol (CHP) Valley Division Multidisciplinary Accident Investigation Team (MAIT) to complete their investigation of the first collision.
The road closure met or exceeded all maintenance guidelines, and included multiple advance warning signs, portable changeable message signs and portable lighting. Despite the closure being in place for a number of hours, with hundreds of motorists approaching the closure and safely being detoured onto the county road, all the precautions were of no avail when along came the drunk driver and plowed into the closure. Both Caltrans workers watched the pickup approach and appear to be making the detour turn onto the county road, only to veer at the last minute and come straight into the spot where the workers were standing. The drunk driver didn't stop or slow down, but continued to drive approximately another 7/10s of a mile up to the location where the MAIT officers were working. When later questioned by the CHP the driver was unaware he'd struck and killed anyone, thinking he'd only "hit a cone."
Seems this isn't the first driving under the influence (DUI) offense for this individual, he had three prior
convictions, the last conviction just a few months before Gary's death. Ordered by the court as part of sentencing in a prior DUI conviction to install an ignition lock on his vehicle, this would have prevented the car from starting if he had been drinking (Breathalyzer switch). At the time of Gary's collision the driver had not yet installed the device and there was no follow-up required by law enforcement to ensure he had in fact done so.
The driver was recently arraigned in the Butte County Superior Court on all charges filed against him by the District Attorney's office, including a charge for murder. The foundation for the court upholding the charges
for purposes of trial was the excellent testimony offered by both the investigating CHP officer from the Chico area office and one of the Valley Division MAIT officers who were called as witnesses at the
preliminary hearing in February. The trial is currently set to take place in July, 2011.
The Legal Division has been working closely to assist the District Attorney's office with the preparation of witnesses and evidence in an effort to have the murder charge stick. While a conviction will not bring Gary
back, if convicted of murder, this driver will once and for all be off the street and could be sentenced to prison for life. At the very least, he will be put away for a very, very long time. District Executive Staff and Legal has been in attendance at all significant court hearings as a show of support for both the Smith and the Caltrans families. Legal will continue to provide technical assistance to the District Attorney as appropriate.
This is a sad reminder that even when you do everything right by following or even exceeding all the maintenance manual guidelines and using due care, tragedy can still strike.
Even if you are facing traffic DO NOT ASSUME YOU KNOW WHAT THE DRIVER IS GOING TO DO. STAY ALIVE BY STAYING ALERT AT ALL TIMES!
