Photo by SCOTT KELLER. Family and friends of Dwight Woodard, killed in a collision with a tractor-trailer last August on the Dragon, have mounted a campaign to ban trucks longer than 30 feet from traveling this section of U.S. Highway 129. A request on this cross, placed in Woodard’s memory near the crash site on the Tail of the Dragon, requests support for that campaign.
Mother looks to make Dragon safer
By Wes Wade
Daily Times
MARYVILLE, TENN. -- The past year hasn’t been easy on Pat Thompson. It didn’t get any easier in August, a year after her son, Dwight Woodard, was killed in a traffic accident on “The Dragon.”
The state had presented a charge of vehicular homicide to a Blount County grand jury against the driver of the tractor-trailer that struck Woodard as he was riding his motorcycle Aug. 3, 2011.
On Aug. 5, 2012, the grand jury returned a “No Bill” against the driver, Bobby Frank Coleman, and the charge was dismissed. “I was not happy about it and am still not happy about it,” Thompson, a Wartrace resident, said.
According to the Tennessee Highway Patrol report, Coleman was coming around a curve and was in Woodard’s lane when the accident happened. Woodard died while en route to the hospital.
While Thompson didn’t agree with the grand jury’s findings, she said she’s focusing on trying to make roads like the Dragon a safer place for riders and drivers alike.
No traffic ticket nor arrest for trucker who murdered Ike Woodard, despite ban on all trucks on US129 at Deals Gap in NC
A safer dragon
Something she and her son, Kevin Woodard, who is a truck driver for Nabisco, have already done is attempt to persuade the Tennessee Department of Transportation (TDOT) to ban tractor-trailers longer than 30 feet length from using the Dragon. Citing a detrimental economic impact on commerce if a ban was placed, TDOT Commissioner John Schroer said in a letter to U.S. Rep. John Duncan Jr. dated Oct. 19 that the department would not do so.
Thompson said she plans to continue to push for Tennessee to place signs warning truck drivers that using the roadway could be dangerous. She said North Carolina already has signs up warning trucks of the dangerous curves and hopes Tennessee will follow.
Thompson said she’d also like for map makers such as Atlas to mark these roadways to warn truck drivers that roads like the Dragon are especially dangerous for tractor-trailer usage.
Thompson said if the highway was deemed a historic route, that trucks could be banned. She explained that she recently learned it was used heavily by Native Americans for trading purposes and that a historic designation might lead to a tractor-trailer ban.
“That’s what we’re hoping we can do,” Thompson said. “There’s several historic roads in Tennessee that trucks aren’t allowed to be on.”
Suit still pending
An engineering forensics group out of Knoxville that Thompson hired recently completed a reconstruction of the crash that killed her son. She said its findings in the crash closely mirrored that of state investigators, but was more detailed and showed proof that Coleman was taking up both lanes of travel. She has asked Blount County Assistant District Attorney Ryan Desmond to present it as new evidence in another grand jury indictment against Coleman. Yet since its findings essentially paralleled that of state investigators, she was told it likely could not be used, but has not yet heard back on a final decision.
Thompson has also spent the last year preparing for a lawsuit she and other family members of Dwight Woodard, including two daughters he left behind, have filed against Coleman and his employer, the Blackshear, Ga.-based Thom’s Transport Company, Inc. She said a hearing has been scheduled for April.
One aspect of comfort for Thompson during the last year has been two witnesses at the scene of her son’s crash that provided police with their account of what happened — specifically, that Coleman was taking up both lanes of the roadway.
“We all feel God sent them as Dwight’s Guardian Angels,” Thompson wrote in a letter to the Daily Times. “They talked with Dwight and comforted him until the ambulance arrived ... I feel we would have never known what really happened to Dwight and the truck had they not been there at the time of the accident.”
While her son can’t be brought back, Thompson said she hopes a similar tragedy can be avoided in the future.
“There’s a huge importance there (roadway safety),” she said. “We just can’t figure out what we need to do to get it done.”
You must be logged in to Facebook to comment. If you're not logged in to Facebook, a login window will open when you click "comment". Or you can log in now. You may need to refresh your page after logging in via that link.
See also:
Trucker murders another biker on the Dragon
$14-Million Lawsuit Filed Against Killer Trucker on the Dragon
Jury says 'Not Guilty' in murder of Blount biker, no charge for trucker who murdered biker on Dragon
Blount sheriff on trial for murder of unarmed cop shot 5 times in the back
Man shot by bear hunters on the Dragon rips grand jury decision
By J.J. KINDRED
Daily Times
MARYVILLE, TENN. -- Ronnie Summey is disappointed in the Blount County judicial system.
After learning Sept. 10 that a Blount County grand jury had cleared a father and son who allegedly shot him in a hunting accident on Dec. 3 last year by returning two no bills, Summey was speechless.
Donnie Ray Radford, 60, Allegheny Loop Road, Maryville, and his son, Derek Ray Radford, 33, Old Railroad Bed Road, Maryville, were charged with reckless endangerment on Dec. 12 last year after the accident.
Arrest warrants said the Radfords shot at a black bear that was treed by dogs during a bear hunt near Calderwood Reservoir. Calderwood Highway was directly behind the tree that the bear was in. Summey and other hunters were standing along the highway.
Summey, 59, a former Maryville High School track coach and former Sequoyah High School head football coach, was reportedly hit in the groin area by one of the slugs from either Donnie Redford’s 12-gauge shotgun or Derek Radford’s .44-caliber Magnum rifle, which were fired toward the highway, according to the warrants.
Law enforcement located shell casings believed to be from the shotgun and rifle in the area.
The reckless endangerment charges were “an E felony that can result in prison time of one to two years,” according to the Blount County District Attorney’s office.
“Basically, I’m very, very frustrated,” Summey said during a recent interview with The Daily Times, expressing his displeasure with the grand jury results.
“I was bear hunting on Dec. 3 on a Saturday morning and a friend brought me back in my truck. We were out there on ‘the Dragon’ around the curve and there’s some commotion going on like it was in a car wreck. We stopped and we were standing in the road and were there for about 10-15 minutes, and these people were shooting at a bear, and the next thing I realized, I was shot in the groin area.
“My friend got me off the mountain to a country store, and the ambulance took me to the UT Medical Center,” he said.
Didn’t want plea
Summey said he was in the hospital for a few days and needed surgery and was recuperating. The first hearing was held on Jan. 27 in Blount County General Sessions Court in front of Judge Michael Gallegos, with the charges being addressed and another hearing scheduled for the Radfords to appoint attorneys.
Another hearing was held on April 13, where Summey retained Blount County Assistant District Attorney Shari Tayloe.
“I was the victim,” Summey said. “I wanted to pursue this in the courts. After they retained counsel, and after two to three hearings, Judge Gallegos heard these cases and the debate. The defense lawyers wanted to go through the TBI and see if they were eligible for judicial diversion. Their lawyers came to her and wanted to make a plea. The plea was put on the table, and they agreed to one year of revocation of their hunting license, and they agreed to pay out-of-pocket medical expenses at $3,000, and it could be more than that.
“I didn’t want the plea because I kept coming back saying I was the victim, and I didn’t want these characters spanked on the hand,” Summey continued. “So, they offered the plea, and I was encouraged to take it and refused. I stood by my position.”
Summey said that he told Blount County District Attorney Mike Flynn that he wanted to pursue the matter in court.
Roll of the dice
“I want these guys to pay for what they did and their reckless behavior,” he said. “(Flynn and Tayloe) did advise me about the possible scenarios if I didn’t accept the plea deal. They explained to me it’s a roll of the dice.
“I had the mind-set that was I wanted these people to pay. I was willing to put my faith in the Blount County judicial system and the grand jury. Apparently my decision to pursue this through the judicial system and the grand jury was a grave mistake.”
Summey explained that during the grand jury’s decision on Sept. 10, most of the evidence was presented by Clint Smith, an officer with the Tennessee Wildlife Resources Agency (TWRA). Smith declined to comment on the case when contacted by The Daily Times.
“Common sense tells me coming off a plea deal that they were willing to step up to the plate and take responsibility, and admit guilt for their carelessness,” Summey said. “But apparently the grand jury said, ‘No, you guys just live your lives and we’ll just move on to the next case.’
“This ruling, in my opinion, sends a terrible message to the agents of the TWRA, as well as law enforcement,” Summey continued. “These people give hunters a bad name and put them in a false light. At this point in time, I will absorb my out-of-pocket money and deal with the long-term effects of this injury, while these two individuals are free to hunt and go about their daily lives with absolutely no punishment from the Blount County judicial system.”
May file suit
Summey said he is heavily leaning toward filing a civil suit.
“Only time will tell,” he said. “This thought came to my mind. If there was a VIP that suffered the same kind of injury that I did, would the grand jury have come up with the same ruling? I think not.
“For those people who might say, wrong place wrong time, I would ask for them to look at it from my point of view. There are people who couldn’t care less about what happened, but if they were in my shoes they would have similar feelings like I do. I want these guys to be held accountable.”
Flynn said Wednesday that he has had discussions with Summey to get a better understanding of why the grand jury made its decision.
“He didn’t understand what a grand jury does,” Flynn said. “The officer presents testimony, and the defendants and the attorney weren’t there and judge wasn’t there. The officer presented the evidence, answered questions and the grand jury deliberates and votes. They are not allowed to tell, but it takes 12 votes to return an indictment, and apparently there weren’t 12 votes.
“My guess would be legally the Radfords were charged with reckless endangerment, but if they acted recklessly, it was a question of whether they were reckless or negligent,” Flynn continued. “If they were negligent, it’s not a criminal case. The grand jury would have to find they acted recklessly. They obviously didn’t.”
Several phone calls to the Radfords for comment went unreturned. In the meantime, Summey said as the result of his injuries he has some disability, but it hasn’t halted him in his everyday life.
“I am walking and I am hunting again,” he said. “There could be some long-term damage, I don’t know. But the bottom line is there’s no accountability. I have a major problem with that and I am disappointed in the judicial system.”
Tennessee Police Officer Charged In Motorcyclist's Death
Motorcycle NewsWire
A Tennessee police officer has been charged with vehicular homicide for allegedly killing a motorcyclist by running him off the road with his patrol car. The police car reportedly swerved into the path of the approaching motorcycle. If convicted, the officer could face three-to-six years in prison and a fine of up to $10,000. September 3, 2001
Rockford, TN - A police officer in Tennessee has been charged with vehicular homicide for allegedly killing a motorcyclist by running him off the road with his patrol car, the American Motorcyclist Association (AMA) reports.
A grand jury in Blount County, Tennessee, on August 29, 2001 indicted Rockford Police Sgt. James Ray Johnson on the criminal charge. If convicted, the officer could face three-to-six years in prison and a fine of up to $10,000.
Johnson is free on a $25,000 bond pending a September 10 court appearance when a trial date will be set.
On March 10, Johnson was patrolling old Knoxville Highway in the Rockford area just south of Knoxville when he got a report from a Blount County deputy sheriff that a speeding motorcyclist was coming up behind him. Johnson told investigators he turned on his emergency lights when he saw the motorcycle approaching, hoping to get the rider to slow down. Instead, Johnson said, the rider lost control of his machine, hit a guard rail and then slid into the police cruiser.
The motorcyclist, Philip Laton, 27, a father of three and a corrections officer at the Juvenile Detention Center in Knoxville, was killed instantly.
Later, a witness came forward to say that the police car had swerved into the path of the approaching motorcycle, killing Laton. The investigation by the Tennessee Highway Patrol included a review of videotape from a camera mounted on Johnson's cruiser, which, investigators said, confirmed the witness' account.
Johnson has been on paid administrative leave since the crash. Meanwhile, a $3 million wrongful death lawsuit has been filed against the Blount County Sheriff's Department and the Rockford Police Department.
See also:
"The Knoxville News Sentinel reported March 14th that Rockford Tennessee police officer Sgt. James R. Johnson has been suspended indefinitely with pay following an incident which claimed the life of a 27 year old motorcyclist identified as Phillip Layton [who was a police officer riding his sportbike to work at the Juvenile Jail in Knoxville]. The initial investigation into the accident by Tennessee State Trooper Ron McDonald reported that Layton struck the rear of Johnson's patrol car. Later however, witnesses reported that it appeared the police cruiser swerved into the motorcycle which sent it into the guardrail. Trooper McDonald said in a press release that 'after reviewing police video from the Rockford car, it appears the witnesses' account is true.' McDonald has since turned over the investigation to the Highway Patrol's Criminal Investigation Division and the Blount County District Attorney General. According to the News-Sentinel, a source close to the investigation and who has seen the police video says that Johnson received a radio call from a Blount Co. Deputy who told him that a motorcycle was approaching him at a high rate of speed. Johnson had just finished a traffic stop and turned off his blue lights which turned off his video camera. When the motorcyclist appeared, Johnson turned on his blue lights thereby reactivating the camera. As the motorcyclist approached the cruiser and attempted to pass in the left lane, Johnson allegedly moved his cruiser into the left lane. Moments later the tape shows the motorcycle going down the highway without the operator. Johnson first reported that the bike struck the rear of his patrol car, later when investigators arrived, Johnson said the motorcycle hit the guardrail and bounced into the side of his car. The officer had 2 prior suspensions and one involved failing to notify his superior officer that he was involved in a high speed chase. Family members of the victim have filed a $3 million dollar wrongful death suit. Rockford City attorney David Black refused to comment on the suit because the investigation by the Tennessee State Patrol is still incomplete. Black called the incident 'tragic' and confirmed that there is a grand jury investigation currently underway. Sgt. Johnson is a former deputy with the Blount County Sheriff's department. Blount County is home to at least part of the famous run known as 'The Dragon.' Deals Gap is known to motorcycle enthusiasts the world over as a thrilling road to ride. Many sportbike riders use the twisting, turning road to test the limits of their machines as well as their nerve and abilities. As a Blount County Deputy, Sgt. Johnson routinely patrolled this stretch of highway. A source who refused to be identified told Dixie Rider that Johnson may have had a grudge against motorcyclists after an incident in which he chased one particular rider down The Gap and was unable to catch him. Another deputy was waiting at the bottom of The Gap and stopped the individual. The source goes on to say that the motorcycle operator was a doctor ['Doc'] who had received an emergency page and was en-route to the hospital. After confirming the doctor's excuse, Johnson was forced to release him and this is the basis for the grudge. However, this incident could not be confirmed. Several motorcycle rights organizations, such as ABATE and the AMA (American Motorcyclist Assoc.) are conducting independent investigations into this incident."
—DixieRider.com, "Police Officer Kills Motorcyclist While Attempting Traffic Stop," May 2001 [The doctor - Doc Wooten - was later RADARed at an alleged 172mph, was arrested by Blount County Sheriff's deputies, and then tortured in the back seat of the patrol car - by leaving his full leathers on, turning the heater on high, and rolling up the windows on a hot sunny summer day. This might have murdered him by stroke or heart attack. The doctor was also responding to a page for surgery in the Emergency Room of Blount Memorial Hospital. It is not known if that was the same police officer who murdered police officer Micky Laton.]
"A Rockford police officer has been charged with a vehicular homicide in the death of a Knoxville [police officer] killed in a motorcycle crash on March 10, 2001. The charge against Sgt. James Ray 'J.R.' Johnson, 33, of Maryville, came in an indictment returned Aug. 28 by a Blount County Grand Jury sitting in special session. Laton was employed as a Corrections Officer at the Knox County Regional Juvenile Detention Center in Knoxville. Laton was divorced, but he had full custody of his three minor children. Soon after being notified of the indictment and the warrant for his arrest, Johnson surrendered to authorities at the Blount County Justice Center. Escorted by fellow Rockford police officer Bill Allen, Johnson entered the Justice Center through the sally port where people in custody are turned over to corrections officers. The accident report made at the scene by Tennessee Highway Patrol Officer Ronald McDonald, stated that Laton lost control of his 1997 Honda CR900 as he tried to pass Johnson's cruiser, hit the guardrail and skidded into Johnson's patrol car. McDonald said that two witnesses came forward two days after the accident and said Johnson swerxred his cruiser into tile path of the motorcycle, sending it careening into tile guardrail. Thc witnesses are reportedly Tennessee state highway troopers. Since the accident, Johnson's friends claim he has been labeled as a 'motorcyclist hater,' although Johnson owns a motorcycle and has ridden for over a decade. In addition to the criminal charges, he is named as a defendant in a $3 million lawsuit filed in U.S. District Court by Laton's ex-wife on behalf of her three minor children, ages 7, 8 and 9. Named in the same lawsuit are Rockford Police Chief Robert Simerly, City of Rockford, Blount County Sheriff James L. Berrong and Blount County. Johnson was released after posting a $25,000 surety bond. He awaits a 9 a.m., Sept. 10 appearance in Blount County Circuit Court."
—Teresa Helton-Garrett, Knoxville Journal, "Rockford police officer charged with vehicular homicide," September 6, 2001 [Note: the Rockford Police Department was terminated as a result of this homicide]
No comments:
Post a Comment