Friday, March 23, 2012

Rockwood pedestrian Robert Nelson hit by SUV dies from injuries


Crash rescue of pedestrian Robert Eugene "Chip" Nelson. Photos by The Dragonater

WARNING: STOP READING NOW IF YOU WANT TO AVOID SEEING BLOOD, OR TURN OFF IMAGES IN YOUR BROWSER AND RELOAD


WARNING: DO NOT CLICK THIS LINK IF YOU DO NOT WANT TO SEE NEWS PHOTOS OF A TYPICAL FATAL CRASH

UPDATE: Motorcycle Safety Foundation proves all drivers have Motion Induced Blindness - Bikers and pedestrians BEWARE!

UPDATE MAY 2012: ROCKWOOD AND/OR TDOT HAS NOW CHANGED TIMING ON ALL TRAFFIC LIGHTS IN ROCKWOOD, FROM 3.5 SECONDS TO 5 SECONDS, WITH BOTH RED LIGHTS ON AT ONCE TO ALLOW VEHICLES TO CLEAR THE INTERSECTION BEFORE GREEN LIGHT ON. TRAFFIC NOW BACKS UP AT LIGHTS, BUT HEALTHY PEDESTRIANS CAN NOW NEARLY CROSS ALL 5 LANES AT A WALKING PACE. IT IS DOUBTFUL THE MANDATORY TDOT TRAFFIC ENGINEERING SURVEY SPEED AUDIT HAS BEEN COMPLIED WITH, AND PAPERWORK MAY BE PENCIL-WHIPPED TO SUBVERT LITIGATION VS CITY OF ROCKWOOD.

Debrief by The Dragonater, ak/a/ John Lee

Last night I eyewitnessed a crash recovery in Rockwood on US27. Today the news reported the victim died in Knoxville at UT Medical Center (owned by a Canadian corporation, a common target for malpractice lawyers and pedophile prosecutors).


Impact point and directions of travel NOT confirmed by police report. Click to enlarge map


Click for Interactive Map

Ambulance response was so fast the victim was stabilized and driven away literally in the time it took to take these photos, less than 5 minutes. It takes Rural Metro over 4 hours to "rescue" a crash victim on the Dragon, not counting Lifestar flight.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

US27 (North Gateway Avenue) in Rockwood is a 5-lane undivided highway peppered with an annoying number of frivolous traffic lights. Occasional pedestrians use the crosswalks, sometimes still crossing after lights turn green for vehicle traffic, due to the time it takes to walk across 5-lanes of traffic, and yellow lights that are timed too short. Pedestrians in crosswalks are often hidden behind vehicles stopped for a red light after the light turns green, while moving vehicles approaching a now-green light continue moving. It is always lawful for pedestrians using crosswalks to still be crossing after a light turns red for pedestrians, after the light turns green for vehicle traffic (which may be what happened in this case). Vehicles are always required to yield to pedestrians in crosswalks, under TN Code. Five lanes also allows drivers plenty of visibility, maneuvering room and braking room to dodge any pedestrian. Vehicles are not allowed to park along US27, thus there is no obstruction of visibility for drivers and pedestrians.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

I spoke with the portly gentleman seen in these photos (gray or tan shirt), who I presumed was an off-duty cop. But this may have (also) been the driver of the SUV, Larry Thompson. I asked "Was it hit and run?" He replied partially, "No -- he ran out in front and there was no way to avoid it." He asked, "Who are you?" (Typical cop question for journalists at crash scenes.) I said I was a journalist "taking photos in case there was a lawsuit" (for insurance to help pay hospital bills to save the life of the victim, i.e. if relying upon TennCare/Medicaid or no insurance at all = death and cannibalization for $500,000 profit in free bodyparts, since greedy doctors and hospital corporations would lose money otherwise). I asked if he was a friend or family of the victim, but he said "No". He asked, "What news organization are you with?" I replied, "CTV in Knoxville and WBCR radio in Maryville." "So you're freelance", he skoffed. No, I host my own TV and radio news shows. I got a vibe the portly gentleman was considering ramming his fist into my face, except it might have been noticed by the cops standing around. After a solid 20 hours of non-stop journalism, I was not in the most tactical mood. My PRESS PASS ID card was with my other video equipment in another bag. (Note to self: BUY MORE PRESS PASS ID CARDS)


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

THE LAW

Rockwood is known as "The city with too many traffic lights". Rockwood has an illegal "speed limit" of 40 mph on US27 in violation of MUTCD, TDOT and TN Code, for lacking a mandatory Traffic Engineering Survey Speed Audit by TDOT. The reason THE LAW says the posted "speed limit" in Rockwood is ILLEGAL is because a speed limit set too low KILLS PEOPLE. Setting a posted speed limit too low for prevailing traffic also means the timing of yellow lights is probably too short for the actual speeds involved. To walk across 5 lanes of traffic on US27 means the timing of a yellow light should be lengthened to allow pedestrians time to cross before the light turns green for perpendicular vehicle traffic. The timing of yellow lights in Rockwood is clearly too short, and may be the proximate cause of this crash fatality.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

MUTCD does not allow traffic lights nor stop signs be used for "traffic calming", nor forcing potential customers to stop and stare at local businesses. Since the so-called speed limit is illegal, it's presumed the traffic lights are illegal, and without an Engineering Survey to determine correct yellow light timing (based on the 85th-Percentile average speed of traffic), or to determine if a traffic light is allowed at all. At that time of night, a flashing yellow light would be the only lawful traffic light in Rockwood. Flashing yellow lights force drivers and pedestrians to PAY ATTENTION, rather than (sometimes literally) go to sleep and allow a robot to do their thinking for them, and gets their brains out of autopilot mode.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

The illegal traffic light exposes the City of Rockwood Municipal Corporation to litigation for causing this fatality, under the TN Governmental Tort Liability Act and TN Code. See CURTIS ROBIN RUSSELL, ET AL. v. ANDERSON COUNTY, ET AL..


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

Tennessee follows the Modified Comparative Fault 50% Rule -- if a victim is more than 49% at fault, he cannot recover monetary damages for personal injury or wrongful death. A victim's financial damages are reduced by the percentage of his own comparative fault. The previous rule in TN was "contributory negligence", where a victim could not collect financial damages if he was more than 1% at fault.

Statute of limitations is one year to file a lawsuit for personal injury and wrongful death in Tennessee. Evidence MUST be preserved NOW or government agencies and private businesses will DESTROY it. Evidence in such a case would be E911 Radio Dispatch tapes and ambulance dispatch tapes for all channels involved, private security videotapes at local businesses, cellphone records, vehicle airbag "blackbox" computer data including vhicle speed at impact, and all medical records. Fatal crash reports from THP HQ are available only to immediate family, since recent change to TN Code makes public records Top Secret (to protect the guilty). Even when not filing a lawsuit nor hiring a lawyer, negotiation with a driver's insurance company or governmental Risk Management Dept will require possession of all evidence to ensure a fair settlement.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

It is a criminal misdemeanor under TN Code to fail to yield to a pedestrian, especially in a crosswalk, with sentence of up to 11 months and 29 days jail (full TCA text below). The impact of this crash apparently occurred in a crosswalk at a traffic light. Reportedly, no criminal charges were filed regarding this crash. No police officer is ever allowed to make an arrest without a warrant when they did not eyewitness a misdemeanor crime in progress. Since no cop apparently eyewitnessed this crash, no cop is allowed to ticket the driver for "failure to yield to pedestrian".

A "ticket" is literally an arrest, since detention is involved while the cop has possession of the driver's "license" (national I.D. internal passport under the 6th Plank of the Communist Manifesto).

Cops almost never ticket nor arrest government employees who design or install defective or illegal traffic control devices that injure or kill people, and never investigate defective or illegal traffic control devices in their crash reports. The Manual on Uniform Traffic Control Devices by USDOT has been adopted in Tennessee by TDOT and TN Code.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

Why were no criminal charges reportedly filed after this fatal crash? THP conducts an "investigation" only into an immediate arrest for DUI. If the driver of the vehicle does not slur words or have bloodshot eyes, nor admit to consuming alcohol or drugs in the past 24 hours, nor admit to talking on a cellphone, nor admit to being a little sleepy, then no arrest. All other witnesses are censored from the THP crash report.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

City and county cops apparently never ticket a driver if THP is on the scene. THP may have arrived later to fill out a crash report. City and county cops routinely fail to ticket a driver who is family or an employee of local government. Is SUV driver Larry Thomspon related to Rockwood city councilman William Thompson?


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

When a so-called "drunk driver" is involved in a fatal crash, that driver (and/or passenger) is prosecuted for First Degree Murder, which carries a life sentence or death penalty in Tennessee. Thousands of US citizens have been sentenced to life in prison for DUI, without involvement in a fatal accident.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

Note that the "legal limit" is 0.00% blood alcohol level in Tennessee, and every other state during the current Prohibition on consuming alcohol. What did you say...your local "news" corporation didn't tell you what's already published in THP's Driver License Handbook And Study Guide? Didn't you know the Drug War considers alcohol a mind-altering drug -- a Drug War with US Police State death squads shooting and bombing millions of people to death including women and children?


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

DRIVE TO SURVIVE

The correct method to avoid pedestrians and animals is maximum braking (in a straight line if possible), staying in your same lane, then take avoiding action by RELEASING THE BRAKES and changing lanes at the last second. Fast animals like deer, dogs, cats, rabbits and squirrels often have the situation under control and changing lanes only results in running them over, so max braking in a straight line is all that's required to avoid impact. I routinely practice avoiding action for insects like caterpillers walking across the road, to exercise my mind, body and vision. This proven avoidance procedure is based on my participation in a dozen racing schools, 150 practice days and 80 races (half of them televised).


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

Target fixation is a problem for drivers and riders, resulting in hitting the object rather than avoiding it, so keep your eyes pointed AWAY from the pedestrian or animal (or insect) and only look where you want to go.


Robert Nelson was reportedly still alive at this point, and died later at UT Hospital

Bike riders must also remember to countersteer in the OPPOSITE direction you want to go, or the bike won't lean and will feel like the handlebars are welded locked in the straight-ahead position, preventing all attempts to turn the handlebars, ensuring impact or riding straight off the road. I practice countersteering at the start of every ride, to reprogram my brain to NOT steer a bike like a car or trike. Countersteering is censored by THP in its Motorcycle Operator Manual and MC license test, both of which are written by the so-called Motorcycle Safety Foundation, to extort riders to pay $300 to attend one of 1,000s of MSF RiderCourse schools staffed by off-duty cops, and to increase the number of crashes and deaths to "justify" a Police State.

I've nearly hit at least 2 pedestrians, that I recall, in my 35 years of driving. One pedestrian ran out out of the bushes in front of my car on rural I75 (miles from any exit) after midnight, and stood on the centerline of the Interstate -- I was driving 120 mph at the time (a legal speed in many nations, and formerly legal in USA, because speed saves lives according to USDOT).

The second pedestrian ran out in front of my car halfway down the busy exit ramp of I40 at Cedar Bluff in Knoxville, at daytime rush hour.

In both cases, I did not panic nor freeze, took the required avoidiance action, and reacted tha same as I would for an animal in the road. So the pedestrians survived...and so did I. These pedestrians literally "ran out into the road" in front of my car, apparently hoping for "suicide by automobile". I did not aid and abet their criminal attempt. It's illegal for pedestrians to walk on an Interstate highway -- but that's won't do you any good if you're dead from a body crashing through your windshield with 24,000 pounds of force (12-tons) at 60 mph.


John Lee is the Hollywood-award-winning executive producer and host of Pirate News TV and Radio Show, and webmaster for PirateNews.org as seen on Charter Channel 6, Knology Channel 6, Comcast Channel 12 and ATT Uverse Channel 99 in Knox and Blount Counties, on History Channel and Asahi TV in Japan, heard on WBCR Truth Radio 1470 throughout East Tennessee and Western North Carolina, and worldwide live on the internets. John Lee was a paralegal and private investigator for the law firm of Lee, Lee & Lee, which won a trillion-dollar class action in federal court in 2011. Contact by email: dragonaters[at]yahoo.com



Rockwood pedestrian hit by SUV dies from injuries

Knoxville News Sentinel
March 23, 2012

ROCKWOOD, TENN. — A 41-year-old man struck by an SUV Thursday night died of his injuries this morning at University of Tennessee Medical Center.

Robert Nelson of Rockwood was flown by medical helicopter to the Knoxville hospital shortly after the 8:30 p.m. incident.

Nelson was walking across North Gateway Avenue when he was hit by a Ford Expedition driven by Larry A. Thompson, 35, also of Rockwood, investigating Rockwood Police Officer Jared Hall said.

The officer said several witnesses described the accident as "unavoidable."

No charges were filed.



2010 Tennessee Code

Title 55 - Motor and Other Vehicles

Chapter 8 - Operation of VehiclesRules of the Road

55-8-134 - Pedestrians' right-of-way in crosswalks.


(a) (1) Unless in a marked school zone when a warning flasher or flashers are in operation, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(2) When in a marked school zone when a warning flasher or flashers are in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver shall remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(c) Subsection (a) does not apply under the conditions stated in § 55-8-135(b).

(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

[Acts 1955, ch. 329, § 33; T.C.A., § 59-834; Acts 2008, ch. 776, § 1.]



TCA 55-8-197 Failure to Yield Right of Way - Rules of the Road


**Amended May 2011 Effective July 1, 2011**

Tenn. Code Ann. § 55-8-197

TENNESSEE CODE ANNOTATED
© 2011 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2010 REGULAR SESSION ***

Title 55 Motor and Other Vehicles
Chapter 8 Operation of Vehicles--Rules of the Road
Part 1 Operation of Vehicles -- Rules of the Road

Tenn. Code Ann. § 55-8-197 (2011)

(a) Any person who violates subdivisions (a)(1)-(6) and the violation results in an accident resulting in serious bodily injury to or death of any person shall be guilty of a misdemeanor:

(1) Section 55-8-115 by failing to drive on the right half of the roadway as provided in the section, except for those motor vehicles in compliance with § 55-7-115 or § 55-7-202;

(2) Section 55-8-118 or § 55-8-119 by unlawfully overtaking and passing another vehicle as provided in those sections; or

(3) Section 55-8-128, § 55-8-129, § 55-8-130 or § 55-8-131 by failing to yield the right of way as provided in those sections.

Amended May 2011 Effective July 1, 2011

(4) Section 55-8-134, by failing to yield the right-of-way to pedestrians in crosswalks as provided in the section;

(5) Section 55-8-136, by failing to exercise due care as provided in this section; or

(6) Section 55-8-175(c), by failing to overtake and pass a bicycle safely as provided in the subsection; or

(b) For the purposes of this section, unless the context otherwise requires, "serious bodily injury" means:

(1) Substantial risk of death;

(2) Serious disfigurement; or

(3) Protracted loss or impairment of the function of any bodily member, organ or mental faculty.

(c) (1) A violation of subsection (a) is a Class B misdemeanor punishable by a fine of two hundred and fifty dollars ($250) if the accident results in serious bodily injury of another.

(2) A violation of subsection (a) is a Class A misdemeanor punishable by a fine of five hundred dollars ($500) if the accident results in the death of another.

(d) The court shall send the department a record of any of the convictions of any of the sections indicated in subsection (a). The court shall indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another.

(e) Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted under this section for a period of up to six (6) months, if the accident results in serious bodily injury of another, and up to one (1) year if the accident results in death of another.

HISTORY: Acts 2007, ch. 537, § 1; 2009, ch. 342, § 1. Public Chapter 192 SB 1171 Amended May 2011 Effective July 1, 2011



Public Chapter No. 776 PUBLIC ACTS, 2008

PUBLIC CHAPTER NO. 776
HOUSE BILL NO. 2653

By Representatives Hackworth, Hardaway, Ferguson

Substituted for: Senate Bill No. 3077
By Senators McNally, Marrero

AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 8, Part 1,
relative to rights of way of pedestrians.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-8-134, is amended by
deleting subsection (a) in its entirety and by substituting instead the following:

(a)

(1) Unless in a marked school zone when a warning flasher or flashers are in operation, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the
roadway upon which the vehicle is traveling, or when the pedestrian is
approaching so closely from the opposite half of the roadway as to be in
danger.

(2) When in a marked school zone when a warning flasher or flashers are in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver shall remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped.

SECTION 2. This act shall take effect July 1, 2008, the public welfare requiring it.

PASSED: April 10, 2008



TN Bicyclists & Pedestrians - Crashes PDF Report

TDOT Road Safety Audit Reviews: In 2009 (latest available data), there were 1,175 reported traffic crashes involving pedestrians and 418 crashes involving bicyclists. In 2010, there were 90 pedestrian fatalities and 4 bicyclist fatalities.

2011 TN “Due Care” Law TCA 55-8-192

• Failure to Exercise Caution When:

– Failing to Yield to Pedestrians in
Crosswalk
– Fail to Pass Bicycle Safely (3 Feet
Law)
– Failing to exercise due care when
driving
– Class B (injury) Class A (death)
misdemeanors

Key Violations: Motorists:

• Failure to yield
– when entering roadway
– when turning
• Unsafe passing
• Driving too fast for conditions

Pedestrians - Crosswalks

• All motorists must yield for
pedestrians in crosswalks,
including:
– Unmarked crosswalks at intersections
– Marked crosswalks at mid-block



Pedestrian Safety

by Vanderbilt University Police Department

Pedestrians -- TCA 55-8-134/ TCA 55-8-135:

“Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.

“Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.”

“No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.”

Drivers -- TCA 55-8-134:

When traffic controls are not in place or not in operations, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.



Tennessee Legislation Makes Emergency Rooms Accountability-Free


March 12, 2012

A bill introduced in the Tennessee legislature specifically allows hospitals and doctors to provide negligent medical care in Tennessee emergency rooms. Unless a patient could prove gross negligence, a standard just short of criminal behavior, there would be no accountability or protection. The legislation is sponsored by Rep. Glen Casada and Sen. Jack Johnson, both from College Grove.

“For example, if you go to the ER with chest pains and the doctor carelessly misdiagnoses you with bronchitis and you go home and have a massive heart attack and die, under the proposed legislation there is no recourse for this kind of sloppiness,” stated Keith Williams, President, Tennessee Association for Justice. “In effect, a doctor would have no responsibility for careless errors that could ultimately cost you your life.”

The current standard for medical negligence already affords protections to ER doctors. ER doctors are protected as long as they deliver care consistent with standards set by their peers—other ER doctors. Only if they fail to meet those standards and harm a patient will they rightfully be held accountable under the present law.

The immunity goes one step further and covers doctors in surgery and the OB unit if the patient is admitted through the ER. This means a patient who goes to the ER will have very little, if any protection from negligence during their entire hospital stay.

This legislation has an unfair impact on pregnant women, children and low-income families since they are more likely to use the ER. Kids in sports go to the ER for injuries, pregnant women often go to the ER whey they are in labor, and the elderly frequently rely on the ER for respiratory illnesses. These vulnerable citizens would be without any protection when seeking needed medical care.

HB 174/SB 360 also places a financial burden on the taxpayers. If recipients of TennCare, Medicare and the uninsured are harmed due to carelessness in the ER, Tennesseans will end up paying the bill for a person’s medical care and treatment resulting from the doctor’s careless error. Medical errors cost the Nation approximately $37.6 billion per year, and this legislation would only add to that cost.

“Should a law be passed allowing ER doctors to commit negligent acts on patients in Tennessee? That’s exactly what this bill does.” said Williams. “With 98,000 people dying each year from medical errors, clearly the answer is NO. The focus should be on improving the quality of care – not on lobbyists seeking to pass a license to harm patients.”

"The most stunning statistic, however, is that the total number of deaths caused by conventional medicine is an astounding 783,936 per year. It is now evident that the American medical system is the leading cause of death and injury in the US. Using Leape's 1997 medical and drug error rate would add another 216,000 deaths, for a total of 999,936 deaths annually. Our estimated 10-year total of 7.8 million iatrogenic* deaths is more than all the casualties from all the wars fought by the US throughout its entire history. Our considerably higher figure is equivalent to six jumbo jets are falling out of the sky each day."
—Gary Null, PhD; Carolyn Dean MD, ND; Martin Feldman, MD; Debora Rasio, MD; Dorothy Smith, PhD, Death by Medicine, March 2004 (plus 10-Million annual aborticides in USA)

"President Obama's newly confirmed regulatory czar defended the possibility of removing organs from terminally ill patients without their permission. Cass Sunstein also has strongly pushed for the removal of organs from deceased individuals who did not explicitly consent to becoming organ donors. In his 2008 book, 'Nudge: Improving Decisions about Health, Wealth and Happiness,' Sunstein and co-author Richard Thaler discussed multiple legal scenarios regarding organ donation. One possibility presented in the book, termed by Sunstein as "routine removal," posits that 'the state owns the rights to body parts of people who are dead or in certain hopeless conditions, and it can remove their organs without asking anyone's permission.'"
-Aaron Klein, World Net Daily, Sunstein: Take organs from 'helpless patients', October 12, 2009

Ethicists Debate Ambulance for Organs - Some Worry New York City Plan Could Give Living Patients the Short Shrift - Ethicists and emergency medicine experts are raising concerns over New York City's plan to dispatch the first ambulance service in the country equipped to preserve the organs of the newly deceased. They question whether the organ-preserving ambulances will create tension among EMTs who may be charged both to save lives and to preserve organs for reuse. The aim of the Rapid Organ Recovery Ambulance service, city officials say, is to buy precious time for families to decide whether they want their loved ones' organs to be donated to needy patients. New York City plans to start the service rolling within a month. And the plan, which has already received federal funding, is being eyed as a possibility by other emergency medical departments. The services provided by such ambulances -- namely, efforts to save the organs of the newly dead without direct consent -- have some concerns among some experts. "Will raising organ donation follow pronouncement of death, or will people come to know that the organ donation ambulance has been sent, making them wonder if their relative got a full press of rescue care?" said Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania in Philadelphia. "This is called violating the dead donor rule -- no organ donation [discussion] raised prior to pronouncement of death." Far more troubling is the idea that emergency medical personnel staffing the ambulances could be faced with a dilemma of either doing everything possible to save a patient, or acting with the chief interest of saving organs. [Dragonater Note: Fresh organs can only be harvested from LIVING people who are murdered during the cannibalism.]



See also:

Car Accidents With Pedestrians - Here's what to do, and how to determine fault, if you hit a pedestrian.

How to Win Your Personal Injury Claim - Dealing with insurance companies and lawyers when filing a personal injury claim can feel like another accident is in the offing. But you can handle a claim yourself without a lawyer -- and save hundreds or thousands of dollars in the process. [Dragonater Note: Contingency fee lawyers routinely demand 50% up to 100% of any financial recovery]

Family of pedestrian killed by drunk driver receives $11M wrongful death award - The family of a young man who was struck and killed by a drunk driver has been awarded $11M from a Tennessee jury. The award included $5M in punitive damages. (Citation: Hudson v. Wilcox, No. 26601 (Tenn., Washington Co. Cir. Nov. 18, 2011).)

Rights and Duties of Pedestrians and Drivers on Tennessee Roads - If the family of Mario Reyes brought a wrongful death action in Tennessee, Mr. Stallworth would almost certainly bring up the fact that Mr. Reyes failed to stay in the crosswalk and proceeded into the road with knowledge of an oncoming vehicle. Thus, under Tennessee’s comparative fault defense, any judgment award resulting from a personal injury claim could be reduced by that percentage of fault attributed to Mr. Reyes. However, while pedestrians have a duty to stay within the crosswalk and yield to oncoming vehicles, operators of vehicles have a greater duty to exercise due care and keep a look out for pedestrians. Thus, if this case were prosecuted with an experienced Tennessee personal injury attorney, Mr. Stallworth would likely be on the hook for the death of Mr. Reyes even though Mr. Reyes apparently broke a rule regarding staying within the crosswalk when one is provided.

Driver Collides with Sixty-Four Year-Old Pedestrian in Fatal Accident
- Tennessee imposes many duties on drivers within the state in order to make sure that they are driving in a reasonably safe manner. One such duty is the duty to keep a proper lookout. This duty extends not only to keeping a proper lookout for vehicles and other obstacles in the roadway, but also extends to keeping a lookout for pedestrians as well. Unfortunately many drivers fail to drive in a safe manner in areas where they know or should expect pedestrians to be present. Such places include school zones, college campuses, heavily populated areas, and crosswalks. Failure to keep a proper lookout in these areas can lead to serious injury or even death and is also likely to lead to a personal injury lawsuit in East Tennessee should the driver’s negligent behavior result in injury to the victim. The unfortunate truth is that sometimes there is simply nothing a driver can do to avoid accidents, even if he or she is keeping a proper lookout.

CURTIS ROBIN RUSSELL, ET AL. v. ANDERSON COUNTY, ET AL. - The Russells averred that the City, as a result of its ownership and control of the intersection at issue, was negligent in failing to provide pedestrian signal head devices as mandated by the guidelines and standards provided in the Manual on Uniform Traffic Control Devices (“MUTCD”). Specifically, Section 4E.03(C) of the 4 MUTCD requires the use of pedestrian signal heads in conjunction with vehicular traffic control signals “[a]t an
established school crossing at any signalized location.” The Russells also claimed that the City was strictly liable for the intersection’s “defective, unsafe, and dangerous” nature, of which the City had actual or constructive notice. This matter proceeded to trial on November 1 and 2, 2007. The trial court, sitting without a jury, concluded that the City was negligent in its failure to provide pedestrian head signals at the subject intersection as required by Section 4E.03 of the MUTCD. 4The standards set forth in the MUTCD are published by the Federal Highway Administration under 23 CFR part 655, subpart F. The trial court found that the MUTCD has been adopted by this state and the City through enabling legislation in Tenn. Code Ann. § 54-5-108(b) requiring governmental agencies in the state to conform to the provisions of the manual. Tennessee Department of Transportion Rule 1680-3-1-.02 provides that “[t]he United States Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices, Millennium Edition (2001), is hereby adopted in its entirety and incorporated herein by reference.” The trial court apportioned fault to both the City and Mrs. Russell at 50% each and ordered that the Russells were barred from recovering in this matter. On December 11, 2007, the Russells filed a motion to alter or amend judgment pursuant to Tenn. R. Civ. P. 59.04. After hearing oral arguments by both parties, the trial court issued its order on April 17, 2008, altering its original judgment “to reflect that Mrs. Russell’s negligence will not bar recovery but that the damages awarded . . . shall be reduced in proportion to the percentage of negligence previously assigned to Mrs. Russell.” COURT OF APPEALS OF TENNESSEE AT KNOXVILLE, February 11, 2011

Tennessee's Comparative Fault System - In 1992, the Tennessee Supreme Court announced the adoption of a system of modified comparative fault in its opinion in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Under the doctrine of modified comparative fault, a jury determines the percentage of fault to be attributed for the accident to both the plaintiff and defendant. If the plaintiff’s fault reaches 50%, he or she receives no recovery. Otherwise, the jury determines the total amount of the plaintiff’s damages and then reduces the award by the percentage of the plaintiff’s fault. Co-defendants are generally no longer responsible for the entire compensatory damage award to the plaintiff, under a concept known as joint and several liability. Under the modified comparative fault system, each defendant pays only that percentage of the damages equivalent to the percentage of fault assigned to the defendant by the jury. Prior to the adoption of the modified comparative fault system, a plaintiff’s lawsuit could be dismissed if he or she was guilty of some contributory fault. That defense is no longer available.

New Tennessee Supreme Court Opinion on Comparative Fault - The Tennessee Supreme Court has ruled that a plaintiff who lost a medical malpractice case in federal court was not estopped from pursing a case against a State-employed doctor even though the federal court jury assigned no fault to the doctor, a non-party in the federal court action. The case is Mullins v. State of Tennessee, No. E2007-011130SC-R11-CV (Tenn. Sept. 30, 2009). Read the full opinion here. The opinion will be discussed in more detail in the November edition of the Tennessee Trial Law Report.

Roane County Tea Party supports foreign private "Federal" Reserve chairman Herman "Godfather" Cain, who counterfeits all so-called "US dollar bills" and steals 100% of federal income taxes for his foreign masters. Congressman Ron Paul founded the Tea Party during his previous candidacy for president, and his platform included putting the "Federal" Reserve Bank and IRS out of business.

Roane Views: Utopia Of Temperence

Saturday, March 17, 2012

AMA Racin swaps SpeedTV with Youtube


Daytona AMA Pro Superbike no longer on SpeedTV, replaced by NASCRAP at Daytona?

NASCRAP's AMA Pro Racing Expands Social Media Initiatives, Adds Video Crew for Viral Coverage and Launches New Website as Part of Online Rebranding

(NEWS RELEASE)

DAYTONA BEACH, Fla. (March 16, 2012) – Following a successful online branding realignment, AMA Pro Racing is excited to announce the launch of a completely redesigned website at AMAProRacing.com. From the outset, AMA Pro Racing began working with long-term website development partner RACERSITES to create an online platform that provides a deeply-engaging social experience for fans which allows them to connect with the stars of AMA Pro Road Racing, AMA Pro Flat Track and AMA Pro Hillclimb.

Additionally, as part of the increased focus on social media initiatives, AMA Pro Racing has added a highly-experienced video crew to provide track-side footage and interviews for this weekend’s season-opening DAYTONA® 200 Week event at Daytona International Speedway.

“We are very proud of the changes that have been made to AMA Pro Racing’s website and social media platforms,” said David Atlas, Chief Operating Officer of AMA Pro Racing. “Giving our fans access to the stellar athletes in our sport, both in the paddock and through our social media initiatives, is just one of the ways in which we turn our events into experiences and our riders into stars.”

RACERSITES is a leading provider of web design, development and management services for clients in racing industries and the company has designed several highly-successful web platforms for AMA Pro Racing since 2009. With the introduction of Facebook, Twitter, Google+ and Disqus functionality, the new socially-optimized AMAProRacing.com provides fans with the ultimate conduit to begin engaging with their AMA Pro Road Racing, AMA Pro Flat Track and AMA Pro Hillclimb heroes.

“What RACERSITES brought to the new AMA Pro Racing site plays to the strengths of our capabilities and what fans love about AMA Pro – energy in connecting with fans,” said Chuck Tate. “Websites aren’t just static billboards but avenues to interact with fans, tell your story and enhance your brand. The new site was the last piece of a successful rebranding by AMA Pro and brings more dynamic content to visitors in terms of videos, blogs, social media channels is truly the go-to spot for all things motorcycle racing.”

For this weekend’s season-opening DAYTONA® 200 Week, AMA Pro Racing has also enlisted the support of a video crew to provide fans with an immersive experience intended to bring the track to them. Stay logged on to AMAProRacing.com throughout the race weekend, as the AMA Pro video crew uses their the extensive knowledge of the sport and trackside experience to bring you exclusive and informative interviews with riders and crew members, updates about the many off-season changes, and dramatic GoPro on-track footage with turn-by-turn commentary from an AMA Pro Road Racing athlete.

The two-person video crew has already published clips on AMAProRacing.com from the AMA Pro Road Racing paddock, and will be rolling out fresh video content as fast as it can be produced all weekend long. Behind the camera, David Bertinelli, former co-founder, videographer, and producer of the well-known OnTheThrottle.TV, brings over 20 years of photography and video experience, and over 30 years as an avid motorcyclist, with track time as a former racer himself.

“I’m really looking forward to bringing the fans an inside look at what happens trackside during a race weekend and getting back in the pits to catch up with familiar faces,” Bertinelli said.

Paired with Bertinelli’s seasoned background and ready to give fans a personal glimpse into the inner workings of the paddock is Cristy Lee, also a former contributor to OnTheThrottle.TV from the 2010 season. Her experience branches out beyond the track; she has been a host and reporter for the Detroit Red Wings and also a host and mechanic on “All Girls Garage” seen on Discovery Channel’s Velocity Network. Lee not only brings her passion for motorsports and journalism trackside but also her first-hand experience as a track day enthusiast, having turned laps herself on many North American courses.

“Its exciting to be back at the track, combining my love for the sport and ability to interact with the riders and tell their stories beyond the flag-to-flag coverage,” Lee said.

The exclusive on-track footage, filmed in stunning high-definition exclusively with GoPro HERO2 HD cameras, will be available soon alongside the backstage video content already uploaded to the all-new AMA Pro Racing website, and new content will be made available daily throughout the entire weekend.

Clips already published from this weekend include a DAYTONA 200® Week Preview clip (http://www.amaproracing.com/rr/multimedia/video.cfm?mid=3004) and exclusive interviews with AMA Pro National Guard SuperBike pole position winner Josh Hayes (amaproracing.com/rr/multimedia/video.cfm?mid=3005) and recent DAYTONA® 200 addition Tommy Hayden (amaproracing.com/rr/multimedia/video.cfm?mid=3007),

Live Timing & Scoring of all on-track sessions will be available at http://live.amaproracing.com/rr/. Between the races, stay connected with AMA Pro Road Racing at www.twitter.com/AMAProSBK and www.facebook.com/AMAProRoadRacing; keep up with Daytona International Speedway via Twitter (www.twitter.com/DISupdates) and Facebook (www.facebook.com/DaytonaInternationalSpeedway).

For tickets and additional event information, visit www.daytonainternationalspeedway.com or call 1-800-PITSHOP. For information related to AMA Pro Road Racing, please visit www.amaproracing.com.

About RACERSITES

RACERSITES has 14 years of experience developing partnerships in the motorsports world to enhance their clients’ connection to its fans and business partners through website development, enhancement of social media conversations and the deployment of unique interactive tools. RACERSITES boasts clients on the team, driver, track and sanctioning body level, including: Indianapolis Motor Speedway, SCCA, Penske Racing, Richard Childress Racing, Turner Motorsports, Panther Racing, Kurt Busch, and more. In 2012, RACERSITES has already launched six new websites, boasting its breadth of work including AMAProRacing.com; DetroitGP.com; the new KurtBusch.com, KrohnRacing.net, ARCA series driver Ryan Reed at RyanReedracing.com and enhancements to the Indianapolis Motor Speedway site. http://www.RACERSITES.com.

AMA Pro Racing is the premier professional motorcycle racing organization in North America, operating a full schedule of events and championships for a variety of motorcycle disciplines. Learn more about AMA Pro Racing at www.amaproracing.com.

For additional information contact:
AMA Pro Racing Communications, (386) 492-1014, communications@amaproracing.com

Friday, March 16, 2012

TN trooper run over like the dog he is



"The truck rear-ended Sgt Russell's parked patrol car, while he was finishing a traffic stop."
-WBIR TV

So this lazy career criminal, armed robber, carjacker and terrorist traitor was creating a public nuisance by illegally blocking a public highway while robbing another innocent American citizen at gunpoint, when he caused a crash by Blue Light Fever with a hard-working American citizen who delivers food and products so America can survive... Good riddance!

May Trooper Russell die and rot in burning Hell, to atone for the two Knox County drivers murdered and burned alive by THP serial killer Trooper Morgan, fired and sued for $10-million for murdering a Pellissippi State college student by blocking all rescue attempts as he burned to death, while enforcing the death penalty and summary execution for speeders.

THP troopers are paid over $100,000/year salary to illegally rob bikers at gunpoint on the Dragon at Deals Gap. THP illegally increased the number of traffic tickets 11,400% for bikers on the Dragon. It's time to disband the Tennessee Highway Patrol.




Good hit!

Feds asked to probe I-40 crash that injured THP trooper

State authorities are requesting a federal investigation into discrepancies discovered in the log book of a truck driver charged in the fiery collision along Interstate 40 in West Knoxville that critically injured a state trooper Tuesday.

Tennessee Highway Patrol Sgt. Lowell Russell, 39, remained hospitalized in critical condition after he was struck by a passing tractor-trailer while parked on the shoulder of the westbound lanes near Walker Springs Road shortly before 3 a.m.

The driver of the flatbed — Eric D. Lewis, 32, of Orlando, Fla. — told investigators he was falling asleep and had stopped not long before the crash to splash water on his face, according to court records.

In the course of examining his truck for any equipment violations, THP inspectors uncovered "inconsistencies and violations of his hours of service" in the driver's operation log book, which details hours spent driving versus sleeping, said THP Sgt. Randall Martin.

"We're looking at turning that investigation over" to Federal Motor Carrier Safety Administration, Martin said, who declined to specify the violations.

Meanwhile, Russell, a well-respected 14-year veteran of the highway patrol, began showing signs of improvement, including his reaction during an impromptu bedside visit Wednesday by Gov. Bill Haslam at the University of Tennessee Medical Center.

"He actually responded to the governor," Martin said. "He grabbed his hand and gave him a squeeze and a wink. I think it astonished everybody who was in the room."

The governor previously met Russell last year when he attended the funeral of a U.S. Marine killed in Afghanistan who the Highway Patrol trooper helped raise in Monroe County.

"(Russell is) just one of those good guys who are serving for all the right reasons and doing it the right way," Haslam said. "We have a lot of great state employees and he's just one I've gotten to know personally and have a great appreciation for."

Russell's injuries include eight broken ribs, a punctured lung, two fractured vertebrae and swelling on his brain.

His family released a statement thanking the community for the outpouring of support.

"We especially want to thank all of the EMS, medical and law enforcement personnel for their outstanding work in saving Lowell's life and for the continued care he is receiving," the statement reads, in part. "We hope that everyone will continue to keep Lowell and our family in their thoughts, hearts and prayers."

Lewis, a driver with FHS Trucking Co. in Orlando, was hauling a load of construction buckets from Bedford, Pa., to Amarillo, Texas, at the time of the crash.

Federal regulations require commercial drivers to rest 10 hours for every 11 hours of driving, Martin noted.

Lewis "stated he had stopped on one or more occasions and splashed water in his face due to fatigue," records show.

The arrest warrant states federal law prohibits operation of a commercial vehicle "while ill or fatigued."

Martin said Lewis was unsure of where he stopped last to splash water on his face, but the driver indicated it was around the Strawberry Plains interchange.

Lewis' co-driver was asleep in the cab's sleeper berth at the time of the collision. Neither trucker was injured.

The federal investigation also may widen to include Lewis' employer, Martin said. The president of FHS Trucking could not be reached for comment Wednesday.

Lewis' truck veered onto the interstate shoulder where Lowell was filling out paperwork following a traffic stop. Court records note that the cruiser's flashing blue light was activated.

Court records allege that the crash probe will "most likely reveal excessive speed was also a factor."

The impact tossed the cruiser some 300 feet across three interstate lanes and into the concrete median wall, where it burst into flames. A McMinn County ambulance crew, along with two Knoxville Police Department officers, all happened upon the scene within seconds. The four emergency personnel — along with Lewis — all worked to free the unconscious trooper from the wreckage.

Lewis has remained jailed since the crash in lieu of $10,700 bond. He faces felony charges of aggravated assault and reckless endangerment, as well as misdemeanor citations for failure to follow the move-over law and failure to exercise due care.

Lewis has a Florida criminal record that includes two arrests for soliciting prostitution, as well as a 2007 felony conviction for grand theft of a vehicle.

Martin noted that falling asleep at the wheel isn't necessarily the same as criminal intent, and he said Lewis should be recognized for his part in helping to rescue Russell following the crash.

"But the fact is, (the crash occurred) because of the choices that he made," Martin said. "And we're all where we are now because of the choices that he made, regardless of his intent."



THP trooper's rescue from fiery I-40 crash was 'game of seconds'

If the ambulance crew hadn't been right there.

If a Knoxville police officer hadn't been seconds away. If the second officer hadn't circled back on a hunch.

Tennessee Highway Patrol Sgt. Lowell Russell, 39, was critically injured in a violent collision with a flatbed truck while parked in his cruiser on the westbound shoulder of Interstate 40 near Walker Springs Road early Tuesday morning.

Authorities said he likely would have died, though, if not for a succession of emergency personnel who miraculously happened upon the scene within seconds of the 2:50 a.m. crash. They frantically worked to free the unconscious trooper from the mangled wreckage, pulling Russell clear just as his cruiser burst into flames.

"As we say time and again — divine intervention," Knoxville Police Chief David Rausch said Tuesday afternoon. "It's a game of seconds. If neither the officers or the paramedics had been in the area, we would have had a much more tragic situation."

First on the scene were Paramedic Freddie Leslie and his partner Kristi Graham, who were traveling back to McMinn County in an American Medical Response ambulance after transporting a patient from Athens to the University of Tennessee Medical Center.

The duo was driving about a quarter-mile behind as the tractor-trailer slammed into the rear of the cruiser, shoving it across three lanes of traffic and into the concrete median wall.

"We saw a car spin and hit the concrete wall and burst into flames," Leslie said. "I was pretty scared. It's not everyday you have to pull someone from a burning car."

The flames quickly spread toward the unresponsive trooper as he sat slumped over his seat belt. Just as Leslie exhausted one fire extinguisher, Knoxville Police Department Officer Andrew Keith came upon the burning cruiser.

"I wasn't real sure if somebody had hit it or if he had lost control — I didn't ask anyone, either," said Keith, a K-9 officer who had been en route along westbound I-40 to help another officer search a vehicle.

Leslie said he and an unidentified passerby forced open the cruiser's door to reach Russell. The civilian then worked to cut the trooper free from his seat belt, which was locked tight from the crash, said Keith, while he and the paramedics tried to beat back the growing flames with anything available. The man even gave Keith the shirt off his back, the officer said.

"With all the pressure of the car going up, I'm sure it happened real fast in real time. But in my mind, we couldn't get him out of the car fast enough," Keith said. "When we pulled him out, laid him down, I looked back to the car and his seat was already on fire."

In the same instant, the officer said, the flames began igniting emergency flares and shotgun ammunition stored inside the cruiser.

"The rounds started cooking off," Keith said. "Probably in the last few seconds before we got him out. We got him out of there seconds before it went up."


Steve Taylor
The ambulance crew immediately began treating Russell. Meanwhile, Officer Steve Taylor — who graduated in the same KPD cadet class with Keith in January 2007 — arrived.

Taylor had been eastbound on I-40 moments earlier when he noticed Russell's cruiser parked on the westbound shoulder. Taylor had taken the next exit to circle back and see if the trooper needed backup just as the crash occurred.

Once on scene, Taylor jumped in the ambulance and repositioned it to shield the rescuers from the fire as they performed CPR on Russell, Keith said. Taylor was not available for comment Tuesday.

Knoxville Fire Department crews also soon arrived to extinguish the flames.

Leslie, who said he sustained "very minor burns" to his face during the rescue, later accompanied Russell to the hospital in a Rural/Metro ambulance.

Once things subsided, the identity of the civilian passerby who helped the others became clear, Keith said.


Eric D. Lewis
"He did not say a word to me," said Keith. "I actually didn't know he was the driver that had struck the cruiser until later, until I saw Officer Taylor take him into custody."

Eric D. Lewis, 32, of Orlando, Fla., now is being held in a Knox County jail in lieu of $10,500 bond. He faces felony charges of aggravated assault and reckless endangerment.

Lewis "apparently fell asleep or was drowsy," when his truck veered onto the shoulder and struck the cruiser, according to THP Sgt. Randall Martin.

Russell, working a midnight supervisor shift, had just completed a traffic stop and was filling out paperwork when he was struck.

"The trucker drove 200-some feet on the shoulder and another 1,200 feet after he hit the trooper," Martin said.

Martin added that he expects misdemeanor charges of failure to comply with the move-over law and failure to exercise due care to be filed as well.

Lewis, a driver with FSH Trucking Co. in Orlando, was hauling a load of buckets for construction equipment from Bedford, Pa., to Amarillo, Texas, according to his employer.

His co-driver was asleep in the cab's sleeper berth during the crash. Neither trucker was injured.

The president of FSH said Lewis has been driving for the company, which has only one truck, for less than a year.

Russell, a 14-year veteran of the THP, remained in critical condition Tuesday night. He sustained a brain injury, fractured neck and spine, fractures to all of his ribs, second-degree burns to his neck and back, and lung damage from smoke inhalation, according to a Facebook update posted by Crystal Brown Russell, his sister-in-law.

Martin added that the injured trooper had responded "non-verbally" to medical personnel at the hospital.The head of the Tennessee Highway Patrol called Russell "one of Tennessee's finest" and expressed gratitude for the quick work of the KPD officers and emergency responders.

"Our troopers put their lives on the line every day to keep citizens safe," according to a statement from THP Col. Tracy Trott. "It is especially difficult when one of our troopers is injured in the line of duty. Our thoughts and prayers are with Sgt. Lowell Russell and his family during this difficult time. We pray for his recovery and thank him for his service to our state."



Dumb as a box of chocolates





THP troopers run cartheft rackets in Tennessee

TN cops steal $100,000 to buy guns and sex

TVA employees' tryst ends in federal charges

Knoxville News Sentinel

Money can't buy you love, but a former Tennessee Valley Authority Police employee stole plenty of it to buy her married paramour — a TVA policeman — $100,000 in guns, court records allege.

Cheryl E. Hall has pleaded guilty in U.S. District Court to charges including bankruptcy fraud and falsifying invoices to cover up her alleged thievery of TVA money.

According to court records, Hall worked as a business support representative for TVA Police. In February 2008, she began using a TVA Police credit card to buy items including ammunition and clothing "of a type that was not used by TVA" police officers, a plea agreement stated.

Her thievery using that credit card spanned more than two years and involved more than $21,000 in personal purchases, the agreement stated. To "cover her tracks," Hall crafted a total of 22 fake invoices, prosecutors wrote.

In February 2009, Hall began an affair with a married TVA policeman and needed cash to woo him with expensive — and deadly — gifts, the agreement stated, so she then hatched a scheme to steal some $200,000 from family and friends, prosecutors alleged.

"By telling a series of lies," Hall persuaded peo

ple to give her money she never intended on repaying, records stated.

"Many of these loans were from elderly individuals that (Hall) had known since childhood," the plea agreement stated. "All told, (Hall) bilked victims out of more than $200,000 and bought approximately $100,000 in weapons that she gifted her married boyfriend."

According to the plea agreement, Hall bought 10 "extravagant firearms" for her lover. No other details about the weapons are provided in court records.

Much like a Ponzi scheme, Hall used money from recent loaners to repay earlier ones but eventually, in March 2010, filed bankruptcy, court records stated.

The bankruptcy trustee "noted inconsistencies" with Hall's statement of financial affairs, the plea agreement stated. The trustee later discovered that Hall had sought to hide her gifting of guns to her paramour and the $200,000 in "loans" from family and friends as well as her thievery from TVA, prosecutors wrote.

Hall's lover is not named in court records.

Hall faces a May 30 sentencing before U.S. District Judge Thomas Phillips

Dragon closed by rockslide



Entire Dragon now closed from state line to the Blockhouse Airport.

TDOT reports that "long-term" bids are being sent out to explosive demolition companies linked to the September 11 terrorist massacres, again. Another 6-month demolition and "cleanup" costing taxslaves $10-million?







Knoxville News Sentinel
March 16, 2012

Rock slide cleanup on 'The Dragon' extends to next week

A section of U.S. 129 called "The Dragon" will be closed until early next week to through traffic because of a 60-foot-high rock slide this morning, according to state officials.

The slide was reported at 4:54 a.m. on the road, which also is called Calderwood Highway, according to the Blount County E-911 Center.

The slide is near the Power House along "The Dragon." Tennessee Department of Transportation regional spokesman Mark Nagi said the slide is about nine miles north of the North Carolina state line.

TDOT has sent crews to the site to determine the severity of the slide. Nagi said the slide is 125 feet long, more than 60-feet high and is covering about 14 feet of the pavement. The slide consists of shale, top soil and trees.

"The cleanup to open SR 115 (U.S. 129) to traffic is expected to last until early next week," Nagi said.

Nagi said TDOT crews will remove the slide debris and then send in specialists who will be tasked with developing a long-term fix for the problem. That work may be bid out to a private firm on an emergency basis.

Cars and motorcyclists can continue to use the road from the North Carolina side, and will be assisted by the Tennessee Highway Patrol at turnaround points, Nagi said. TDOT maintenance crews will have detour maps available for drivers encountering the blockage.

On the Tennessee side, however, U.S. 129 will remain closed to all traffic from just south of the Foothills Parkway to the site of the slide, Nagi said.

Nagi said TDOT and its North Carolina counterpart have placed message on connector routes alerting drivers of the slide.

Nagi said about 1,265 vehicles a day use the portion of U.S. 129 at the Blount and Monroe counties line.

The road has been called The Dragon because of the more than 300 curves along the route that attract motorcycle enthusiasts from around the world.

TDOT suggested detours include:

From North Carolina - Motorists travelling on U.S. 74 can take State Route 68 north to Ducktown. Continue on SR-68 through Polk and Monroe Counties to I-75 in Sweetwater.

Non-commercial drivers travelling on State Route 143 in North Carolina will continue to travel north onto State Route 165 to Tellico Plains to State Route 68 north to U.S. 411 (State Route 35) toward Maryville.

Non-commercial drivers also can use U.S. 441 to travel through the Great Smoky Mountains National Park into Cherokee, North Carolina. For road closures on U.S. 441 through the Smokies, motorists can call (865) 436-1200.



‘The Dragon’ closed by rock slide

Iva Butler
Maryville Daily Times

At approximately 6 a.m. Tennessee Depaartment of Transportation was notified of a rock slide at mile marker 9.5 on the portion of U.S. 129 known as The Dragon.

The slide is blocking the northbound and southbound lanes of the two-lane road, according to Mark Nagi. TDOT community relations officer.

TDOT geotechnical engineers are on he scene and TDOT maintenance crews are bringing equipment to clear the roadway.

One lane is blocked by a large rock, the other blocked by trees uprooted from the slide.



TDOT: Rock slide closes 'The Dragon' for weekend

Knoxville News Sentinel

A section of U.S. 129 called "The Dragon" will be closed through the weekend because of a 60-foot-high rock slide this morning, according to state officials.

The slide was reported at 4:54 a.m. on the road, which also is called Calderwood Highway, according to the Blount County E-911 Center.

The slide is near the Power House along "The Dragon." The road that runs into North Carolina is entirely closed, according to Tennessee Department of Transportation regional spokesman Mark Nagi.

TDOT has sent crews to the site to determine the severity of the slide. Nagi said the slide is 125 feet long and 60-feet tall and consists of shale, top soil and trees.

"Early estimate for the time of this closure is throughout the weekend," Nagi said. "But that is just an estimate."

There is no detour route. Nagi said there is room for unaware motorists to turn around at the blocked point [unless you're driving a tractor trailer].

Nagi said about 1,265 vehicles a day use the portion of U.S. 129 at the Blount and Monroe counties line.

The road has been called The Dragon because of the more than 300 curves along the route that attract motorcycle enthusiasts from around the world.


Tractor trailer roadtrain crashes on the Dragon



'Dragon' reopened after rockslide

March 20, 2012

TALLASSEE — Dragons of myth and legend had a habit of breathing fire at their enemies.

Tennessee's "Dragon" doesn't do that, but it will occasionally throw a rock at you, and that is what crews from the Tennessee Department of Transportation finished cleaning up Tuesday.

Dozens of dump truck loads of rock, dirt and fallen trees had been removed from a site where a hillside collapse occurred Friday on U.S. Highway 129, blocking a road popular with sports car and motorcycle enthusiasts. The road, referred to as "The Dragon," features 318 curves in an 11-mile stretch.

The rock slide occurred a couple of miles from the Foothills Parkway in Blount County at a place where the road has a steep hill above it on one side and a 50-foot drop-off on the other.

TDOT workers used heavy equipment to remove the debris and to bring down additional rock and soil from the hillside that might later fall.

Mark Nagi, a TDOT community relations officer, said the final touches on the cleanup were completed at 5 p.m. Tuesday and the road was reopened.

TDOT geotechnical personnel will continue to evaluate the area to determine if further measures may be necessary to stabilize the hill.

Saturday, March 3, 2012

Super Tuesday in Tennessee


Ron Paul wallpaper HD click to download


Ron Paul Color Poster Yard Sign 300dpi PNG 5mb

Ron Paul Single Color Poster Yard Sign 300dpi PDF 14mb


"Not one dime of income taxes goes to support any federal program."
-President Ronald Reagan

"All individual income tax revenues are gone before one nickel is spent on the services which taxpayers expect from their government."
-Congressional Research Service, January 15, 1984

“There is no patriotic duty to pay taxes.”
-Commissioner of Internal Revenue Service v Newman, 159 F2d 848,850 (1947)

Ron Paul will END THE INCOME TAX song MP3 download

Play Ron Paul will END THE INCOME TAX song









Dictator Obama's Secretary of War Vinnie Da Chin Panetta and the Pentagram Joints Chief Of Operation Northwoods testified to Congress yesterday that Obama takes his orders to invade from United Nations and NATO, not Congress.

This is the equivalent ot Caesar crossing the Rubicon with his military to invade Rome under martial law, resulting in civil war, and 5 years later every member of the Roman Senate stabbing Caesar in the back...literally on the Ides Of March (next week...).
http://en.wikipedia.org/wiki/Julius_Caesar
http://en.wikipedia.org/wiki/Crossing_the_rubicon



ATICLES OF IMPEACHMENT RESOLUTION 2012


H.CON.RES.107 -- Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high... (Introduced in House - IH)

HCON 107 IH

112th CONGRESS

2d Session
H. CON. RES. 107

Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.

IN THE HOUSE OF REPRESENTATIVES

March 7, 2012

Mr. JONES submitted the following concurrent resolution; which was referred to the Committee on the Judiciary

CONCURRENT RESOLUTION

Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.

Whereas the cornerstone of the Republic is honoring Congress's exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates Congress's exclusive power to declare war under article I, section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.



Coup D’etat: Pentagon & Obama Declare Congress Ceremonial

Defense Secretary Leon Panetta’s testimony asserting that the United Nations and NATO have supreme authority over the actions of the United States military, words which effectively declare Congress a ceremonial relic, have prompted Congressman Walter Jones to introduce a resolution that re-affirms such behavior as an “impeachable high crime and misdemeanor” under the Constitution.

During a Senate Armed Services Committee hearing yesterday, Panetta and Joint Chiefs of Staff Chairman Gen. Martin Dempsey brazenly admitted that their authority comes not from the U.S. Constitution, but that the United States is subservient to and takes its marching orders from the United Nations and NATO, international bodies over which the American people have no democratic influence.

Panetta was asked by Senator Jeff Sessions, “We spend our time worrying about the U.N., the Arab League, NATO and too little time, in my opinion, worrying about the elected representatives of the United States. As you go forward, will you consult with the United States Congress?”

The Defense Secretary responded “You know, our goal would be to seek international permission. And we would come to the Congress and inform you and determine how best to approach this, whether or not we would want to get permission from the Congress.”

Despite Sessions’ repeated efforts to get Panetta to acknowledge that the United States Congress is supreme to the likes of NATO and the UN, Panetta exalted the power of international bodies over the US legislative branch.

“I’m really baffled by the idea that somehow an international assembly provides a legal basis for the United States military to be deployed in combat,” Sessions said. “I don’t believe it’s close to being correct. They provide no legal authority. The only legal authority that’s required to deploy the United States military is of the Congress and the president and the law and the Constitution.”

In an effort to re-affirm the fact that “the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution,” Republican Congressman Walter Jones has introduced a resolution in the House of Representatives.



Pentagon Launches Desperate Damage Control Over Shocking Panetta Testimony

The Pentagon is engaging in damage control after shocking testimony yesterday by Defense Secretary Leon Panetta at a Senate Armed Services Committee congressional hearing during which it was confirmed that the U.S. government is now completely beholden to international power structures and that the legislative branch is a worthless relic.

During the hearing yesterday Panetta and Joint Chiefs of Staff Chairman Gen. Martin Dempsey brazenly admitted that their authority comes not from the U.S. Constitution, but that the United States is subservient to and takes its marching orders from the United Nations and NATO, international bodies over which the American people have no democratic influence.

Panetta was asked by Senator Jeff Sessions, “We spend our time worrying about the U.N., the Arab League, NATO and too little time, in my opinion, worrying about the elected representatives of the United States. As you go forward, will you consult with the United States Congress?”

The Defense Secretary responded “You know, our goal would be to seek international permission. And we would come to the Congress and inform you and determine how best to approach this, whether or not we would want to get permission from the Congress.”

Despite Sessions’ repeated efforts to get Panetta to acknowledge that the United States Congress is supreme to the likes of NATO and the UN, Panetta exalted the power of international bodies over the US legislative branch.

“I’m really baffled by the idea that somehow an international assembly provides a legal basis for the United States military to be deployed in combat,” Sessions said. “I don’t believe it’s close to being correct. They provide no legal authority. The only legal authority that’s required to deploy the United States military is of the Congress and the president and the law and the Constitution.”

Panetta’s assertion that he would seek “international permission” before ‘informing’ Congress about the actions of the US military provoked a firestorm of controversy, prompting the Pentagon to engage in damage control by claiming Panetta’s comments were misinterpreted.

“He was re-emphasizing the need for an international mandate. We are not ceding U.S. decision-making authority to some foreign body,” a defense official told CNN.

However, this is not the first time that the authority of international bodies has been framed as being superior to the US Congress and the Constitution.

In June last year, President Obama arrogantly expressed his hostility to the rule of law when he dismissed the need to get congressional authorization to commit the United States to a military intervention in Libya, churlishly dismissing criticism and remarking, “I don’t even have to get to the Constitutional question.”

Obama tried to legitimize his failure to obtain Congressional approval for military involvement by sending a letter to Speaker of the House John Boehner in which he said the military assault was “authorized by the United Nations (U.N.) Security Council.”

Panetta’s testimony that the US looks to obtain “international permission” before it acts, allied with Obama citing the UN as the supreme authority while trashing the power of Congress, prove that the United States has ceded control over its own affairs to unelected international bureaucrats, just as the countries of the European Union have done likewise.



Attorney General Eric Holder, the top “legal” voice of the US regime, argued to Northwestern University law students that the US Constitution is no limit to the regime dictatorially assassinating Americans. This follows regime arguments to seize and “disappear” any person in opposition to regime dictates as “terrorist supporters,” and extracting their confessions with controlled drowning (euphemistically “waterboarding”), found by all US and international courts as torture. The regime’s followers in Congress voted for legislation (2006 Military Commissions Act, 2012 NDAA) that these dictates are consistent with the US Constitution.
http://www.washingtonsblog.com/2012/03/attorney-general-holder-degrades-us-to-fascist-assassination-nation-99-response.html

A coyote ate my baby!



This video of the coyote hanging was shot by The Dragonater. Was this coyote murdered as a warning to KEEP OFF a sheriff's pot plantation? Subsequent video shot at the same location revealed the fire dept's confession to setting "suspicious" forest fires and house fires at that same location (because it makes the pot grow better).





House committee chairman claims state agency delivered coyotes to cull deer population

Did a wildlife agency import coyotes into the state? No, and as it turns out, coyotes are not even very effective deer hunters.

At a hearing on wildlife management laws, members of the House Conservation and Environment Committee turned from discussion of a wild hog eradication program now under way to other animals that can cause problems for people.

"Let’s talk about the coyotes," said Rep. Frank Niceley, R-Strawberry Plains, a member of the committee and chairman of the House Agriculture Committee.

"The TWRA (Tennessee Wildlife Resources Agency) brought the coyotes in here to control the deer herd. Their biologists are not dumb. They knew these deer, in an ideal situation like this, would explode (in population)," he said. "So they brought these coyotes in here to try to keep the deer population down. Now, these coyotes, they will kill calves. … It’s a huge problem. I have 80 head of sheep, and the coyotes got into them and they killed 60 head of sheep before I could get them behind a tight fence. … The coyotes, when they get thick enough, will start getting kids out of the yard."

In the past, TWRA has engaged in well-known and successful programs to stock deer and wild turkeys into Tennessee, where native populations were virtually wiped out in the 1800s. But we hadn’t heard about coyote stocking.

When initially asked whether TWRA had imported coyotes into the state, where they did not appear until sometime in the late 1960s or early 1970s, the agency’s assistant executive director, Nat Johnson, at first had trouble taking the query seriously.

"Actually, we sent some officers over to Arkansas and gave them swimming lessons," he said. "After we taught them, coyotes could swim over the Mississippi River."

Dropping the sarcasm, Johnson said he did not believe Niceley was correct, but referred the question for a more authoritative answer to Steve Patrick, TWRA’s assistant director of field operations.

Patrick, a 35-year veteran of the agency, said his job over the years positioned him to know if TWRA had ever been involved in any coyote relocation and, no, that had never happened. But he said it is a fairly common myth.

"That and that we’re releasing rattlesnakes, too," he said, adding that TWRA has never engaged in rattlesnake relocation either.

Niceley, advised that TWRA disputed his contention, said he has heard reports of coyote transplants attributed to "early biologists back in the 1970s." Further, he said the agency at least collaborated with a federal project to re-introduce red wolves into Tennessee and "red wolves and coyotes have the same DNA."

The latter reference is to an effort by the U.S. Fish and Wildlife Service and the National Park Service, launched in 1991, to establish red wolves in the Great Smoky Mountains National Park.

The effort failed and was abandoned in 1998, according to a news release issued by the federal agencies at the time.

Patrick said TWRA was aware of the red wolf project, but had no involvement whatsoever. Few pups from the transplanted red wolves survived. The release says at least one was killed by coyotes.

Dr. Michael Kennedy, a professor of biology at the University of Memphis who has done extensive research on coyotes since 1975, including some under contract for TWRA, said that today’s remnant red wolves do share some DNA with coyotes, though "taxonomically, they’re different." Coyotes are also known, on occasion, to interbreed with dogs, he said.

But in Tennessee, he said, "about 95 percent of what we have are true coyotes" without any genetic kinship to other canines. His research indicates Tennessee coyotes are genetically the same as those from states to the west and they arrived through "natural dispersal."

"There’s no question that the TWRA – or anyone else, for that matter – is not responsible for coyotes moving into Tennessee," he said.

Kennedy also says that coyotes are generally not good enough at catching deer to serve as an effective control of deer populations. While they can and do kill fawns and ailing animals, deer are a small part of the average coyote’s diverse diet, he said.

Coyotes, once confined to the western states, have spread into all states east of the Mississippi. And apparently the notion of them being introduced by wildlife agencies is not unique to Tennessee.

The Pennsylvania Game Commission, in fact, was concerned enough to include a denial of stocking in an article about coyotes on its website.

"Some folks actually believe the agency has stocked coyotes in recent years to reduce deer numbers. Nothing could be further from the truth," says the article.



The Dragonater also interviewed Rep Frink Nicely about his lawsuit against Dictator Hussein Obama Soetoro for being an illegal alien, and the federal dictatorship in general:





Sheriff finds probably cause to arrest Dictator Hussein Obama Soetoro for being an illegal alien:

Serial killer cop not arrested in Knox County TN



I want to know if he was also assigned to Blount County, since there have been a LOT of unexplained biker deaths on the Dragon lately... Hundreds if not 1,000s of Trooper Morgan's cases will be dismissed for failure to prosecute, but like the Barbie Cummings blowjob case, defendants must appear in court and agree in writing to dismissal or the charges will result in automatic conviction.

"It looked like a parked car to me. I knew he was dead. I got out and got a fire extinguisher just to make it look good. You gotta do that for the media and everybody else, but I knew he was dead. I was just trying to put on a show."
-Charles Van Morgan, fired Tennessee Highway Patrol trooper, November 2011

Investigators asked District Attorney General Randy Nichols to review the case. 'I find it incredible to believe that Trooper Morgan did not see the wrecked car as he passed it,' Nichols wrote. 'It is also telling that as soon as he could after returning and seeing the vehicle in flames, he makes attempts to contact the Police Benevolent Association. However, as egregious as it is that he failed to stop and render aide, we cannot find a criminal statute that makes his conduct a crime.'"
-WBIR TV, Suspended trooper's personnel file released, Press Release by Randy Nichols PDF

"Tennessee Highway Patrol Colonel Tracy Trott named the agency’s Knoxville District as the 2011 District of the Year at a special awards ceremony held last Thursday in Murfreesboro. This is the first time a District has been recognized for its overall achievements. 'The THP Knoxville District is very deserving of this honor,' Colonel Trott said. 'Their leadership staff is top-notch, and their approach to DUI enforcement and overall traffic safety efforts is among the best in our agency. This marks the start of a new tradition, and I hope that each of our eight districts will challenge themselves to earn the District of the Year award in 2012,' he added. The agency’s Knoxville District arrested 761 impaired drivers in 2011, a 51.6 percent increase over the number (502) arrested in 2010."
-TN.gov Newsroom, THP Announces the District of the Year 2011, Feb 21, 2012

TOP 10 TROOPERS HONORED FOR DUI ENFORCEMENT:
1. Trooper Charles Morgan, Knoxville District – 117 arrests
-TN.gov Newsroom, THP Announces Trooper of the Year 2010, Feb 18, 2011

"While Morgan had a reputation for making large amounts of DUI arrests, Knox County prosecutors say Morgan had a growing reputation for making arrests that could not result in convictions. 'He had an inordinate amount of cases that could not have been successfully prosecuted,' said John Gill, special counsel to the Knox County Attorney General. 'There were a large amount of problems with Morgan's cases that made them impossible for us to get a conviction, long before any of this [the Anito crash and Morgan's termination] happened.'
WBIR TV, Terminated THP trooper Charles Morgan's dropped DUI arrests disturb MADD, Feb 20, 2012

"Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'"
Tennessee Driver Handbook and Driver License Study Guide



Police State death squad member sued, fired, not arrested nor charged with murder of a Pellissippi State college student in Knox County. This was Trooper Morgan's second murder of a motorist in Knox County during a "routine traffic stop" for "speeding". The modus operandi for this serial killer is to watch his victims die in a burning or crashed vehicle, then block medical rescue. One hundred DUI cases dismissed against Trooper Morgan's victims in traffic court.

Note that THP troopers routinely testilie about measuring speed by radar, when in fact they never turn it on (as proven by The Dragonater in Blount County court), to defeat radar detectors and fear of cancer. Only state troopers are allowed by the courts to make traffic stops without probable cause, to check TN driver license internal passports.

If you're gonna run from the cops instead of beat their ass in court, then have a modified high-performance suspension, a high-hosepower engine, and GO TO A PROFESSIONAL PERFORMANCE DRIVING/RIDING SCHOOL. Remember, it's awfully hard to outrun a radio at 186,000 miles per second. Know your escape route and park it in a locked garage, then change vehicles. Or so I've been told. Most people run from cops because they cannot afford a $100 traffic ticket, not because they are career felons.

WBIR TV video: THP Trooper Charles Van Morgan called an attorney minutes after Kyle Anito crashed and died

WBIR TV video: Parents of crash victim sue highway patrol

Fired serial-killing trooper's personnel file released as PDF - 14 internal affairs complaints before his latest murder

Read the $10-million civil lawsuit complaint PDF - Good boilerplate for drafting a complaint against Tennessee Highway Patrol. Beware 1 year statute of limitations, and TN Governmental Tort Liability Act requirement to first file an insurance claim before filing a lawsuit. TXT file

The Police Officer As Psychopath




Did this serial killer attack you on the Dragon at Deals Gap?

Video: Prosecutors drop criminal cases involving fired trooper

KNOXVILLE, Tenn. (AP) — Knox County prosecutors were forced to dismiss cases against 95 people for crimes ranging from felonies to misdemeanors after the state fired a former Tennessee Highway Patrol trooper for failing to stop at a fiery crash.

Prosecutors on Friday dropped the charges in all cases handled by Charles Van Morgan, The Knoxville News Sentinel reported.

About half of the defendants appeared to be first time offenders, but others were on their second and third drunken driving arrests. The cases don't include minor traffic tickets, which still have to be sorted out and dropped as well, prosecutors said.

Morgan was fired this month after investigators found he drove by a fiery car wreck in November that killed a man in Knox County.

The family of a man who was killed in a car crash is suing the Tennessee state trooper who was pursuing the victim before his death.



Family of man who died in crash sues trooper

On behalf of Pryor, Flynn, Priest & Harber posted in fatal motor vehicle accidents on Monday, February 6, 2012

In a bizarre accident in Tennessee last year, a man crashed into a tree after a chase with a Tennessee Highway Patrol trooper. The man died in the auto accident, and now his family is saying the trooper drove right by the man's vehicle without checking on his condition for at least several minutes. The family is suing the THP trooper for $10 million.

The incident happened last November. The man was apparently traveling at about 80 mph in a 40 mph zone and was being pursued by the officer. Volunteer TV's website reports that the trooper's "dash cam" video shows the ensuing events.

The chase didn't last long and ended when the man crashed into the tree. The man's family claims the video shows the trooper driving past the man's car, where he was injured inside. After that he apparently pulled over farther up the road and waited for several minutes while listening to dispatchers.

When the trooper returned to the man's car, it was on fire. Volunteer TV's story says that the man ran toward the vehicle with a fire extinguisher "just to make it look good" for the media. The autopsy apparently revealed the man died instantly in the crash, but the man's family might argue there was no way the officer could have known that.

No criminal charges were filed relating to the crash. The trooper, however, has faced several unrelated disciplinary actions since joining the THP in 2002.



WBIR TV video: THP Trooper Charles Van Morgan called an attorney minutes after Kyle Anito crashed and died

An interview conducted with Trooper Charles Van Morgan shows investigators were concerned with a phone call he placed minutes after he was involved in a high speed pursuit that ended with the death of a Halls man.

Morgan was trying to stop 20-year-old Kyle Anito for speeding on November 26, 2011. Anito crashed into a tree on Andersonville Pike.

Morgan is the subject of a $10 million lawsuit Anito's parents filed in connection to Morgan's actions that night.

Video recorded on his dashboard mounted camera shows he drove past the crash, waited several minutes, then returned to find Anito's car engulfed in flames.

After discharging a fire extinguisher on the car, Morgan called his wife and asked for a number for the Police Benevolent Association. He then called and spoke to an attorney.

Morgan initially said he did not see the wreck, then later changed his story and said he thought it was a parked car. Morgan also said in a recorded conversation he got out the fire extinguisher to "put on a show".

Those actions, along with the phone call to the attorney, raised numerous questions with members of THP's Internal Investigations unit.

Transcripts of an interview of Morgan conducted December 14, 2011 were provided to 10 News this week, along with his personnel file. During the nearly two hour interview, Morgan was asked numerous times about his reason for contacting an attorney.

"Your actions from the time you clocked the vehicle till the time it crashed, they're, they're fine. You did everything by the book," said Captain Victor Donoho during the interview. "It's the actions that happened after that that's in question."

Donoho questioned Morgan about contacting the attorney.

"...You knew there was a problem somewhere or you wouldn't of called for an attorney," he said.

"...Anytime I'm involved in an incident where there's a, a fatality, then you know, I try to get ahold of the, the PBA," Morgan replied.

However he did not contact the PBA following a previous chase that ended in a fatality.

On March 13, 2010, Morgan attempted to stop 22 year old April Keck for driving the wrong direction on Chapman Highway. A chase ensued, and after several minutes, Morgan lost sight of her car and terminated the pursuit.

Keck was found deceased near her car in a ditch off Chapman highway the following day. A review of the pursuit found Morgan followed THP policy and did not violate any rules or regulations.

When Morgan was informed Keck died, he did not call an attorney.

Investigators used that history to question Morgan's explanation for November 26th phone call.

"Did you request a PBA attorney after that?" Donoho asked, referring to the March 13 chase.

"...I was told that uh, the incident had been investigated and that it was, that it was over, so I had no reason to," Morgan replied.

Later in the interview, Morgan admitted he was concerned about being blamed for Anito's wreck.

"...I knew that that would, that could, if it's construed that I passed up a wreck, that could get me in trouble if it's seen that way," he said.

"You knew that when you called the attorney, didn't you?" Donoho asked.

"Yeah," Morgan answered.

District Attorney General Randy Nichols also questioned Morgan's actions. While Nichols cleared him of criminal responsibility, he called it "egregious" that Morgan failed to stop to help Anito.

"It is also telling that as soon as he could after returning and seeing the vehicle in flames, he makes attempts to contact the Police Benevolent Association," he wrote in a letter to Colonel Tracy Trott with THP.

As a result of the internal investigation, Morgan is recommended for termination. He is scheduled to have a "due process hearing" Thursday morning.



Commissioner upholds dismissal of trooper involved in fatal chase

Charles van Morgan appeared at a due process hearing last week during which he told investigators he did everything he could to save the driver's life.

Feb 14, 2012

NASHVILLE, Tenn. (WVLT) -- The decision to terminate the Tennessee Highway Patrol trooper involved in a deadly pursuit has been upheld by the Tennessee Dept. of Safety and Homeland Security (DSHS) Commissioner Bill Gibbons.

An investigation by the Inspectional Services Bureau (ISB) determined Trooper Charles Van Morgan failed to stop and help after the car he was chasing crashed early in the morning in November.

“Trooper Charles Van Morgan's conduct in the early morning hours of November 26, 2011 was a poor representation of the honorable men and women who serve on the Tennessee Highway Patrol," Department of Safety and Homeland Security Commissioner Bill Gibbons said.

Morgan claimed he clocked Kyle Anito going more than 30 miles per hour over the speed limit and tried to pull him over. during the pursuit, Anito's car struck a tree, killing him instantly. When Morgan appeared at a due process hearing last week he told investigators he did everything he could to save the driver's life.

Investigators said in-car video showed Morgan coming upon the wrecked Subaru, slowing down, but not stopping. Morgan continued past the vehicle, stopped the chase and pulled over.

While investigators and department officials did not find fault with the pursuit, ruling it complied with department policy; the department ruled Trooper Morgan's actions afterwards led to his dismissal.

"The Colonel of the Tennessee Highway Patrol and the Deputy Commissioner both went to the scene and drove the same route in similar conditions. Trooper Morgan’s actions after the pursuit resulted in recommending his termination,” said Gibbons

Morgan's dismissal will be effective at the close of business February 20, though he can appeal the department's decision.



Suspended trooper's personnel file released

A newly released personnel file sheds new light on the actions of a Tennessee trooper who was suspended following a fatal crash.

Trooper Charles Van Morgan is subject of a $10 million lawsuit filed by a family who says he failed to do enough to try and save their son's life.

Twenty year old Kyle Anito died on November 26, 2011, after his car ran into a tree on Andersonville Pike. At the time, Morgan was chasing him for speeding.

Dashcam video shows Morgan passed the scene of the crash, waited about five minutes, then returned to the site to see Anito's car engulfed in flames.

Audio recordings and transcripts of interviews conducted following the crash show Morgan gave conflicting accounts of what he saw and when.

"That video camera, it shows stuff that I don't see," Morgan said during a recorded conversation with his superiors.

In a statement given just hours after the wreck, Morgan claims to have missed the call.

"I did not see a wreck," he told Sgt. Joe Walker.

"You did not see a wreck?" Walker asked.

"No," Morgan said.

In an interview conducted a few weeks later, the story changes.

"I thought it was just a parked car, I mean, that's what I thought at the time," he told Sgt. Terrell Johnson with THP's Internal Investigations unit.

Morgan also claimed to be passing the wreck at 80 miles per hour. That claim is disputed by GPS data recorded by the dashcam, which shows him passing at 40 miles per hour before slowing to 21 miles per hour a few seconds later.

The trooper eventually returned to the wreck, and told dispatchers he did everything he could to save Anito's life.

"I tried to put the fire out with my fire extinguisher, I couldn't get it out, couldn't get to it," he said in an audio recording.

Later, in a separate recording, he admitted that was just "a show".

"I knew he was dead. I got out and got a fire extinguisher just to make it look good," Morgan said. "You gotta do that for the media and everybody else, but I knew he was dead. I was just trying to put on a show."

While still at the crash scene, Morgan called his wife and asked for a number to reach an attorney.

Investigators asked District Attorney General Randy Nichols to review the case.

"I find it incredible to believe that Trooper Morgan did not see the wrecked car as he passed it," Nichols wrote. "It is also telling that as soon as he could after returning and seeing the vehicle in flames, he makes attempts to contact the Police Benevolent Association. However, as egregious as it is that he failed to stop and render aide, we cannot find a criminal statute that makes his conduct a crime."

As a result of the internal investigation, Morgan is recommended for termination. He is scheduled to have a "due process hearing" Thursday morning.







Knoxville Videos »In-cruiser video of THP's pursuit of April Keck

1). Tail lights are still visible at 3:20.

2). Van Morgan calls off the pursuit at 3:24.

3). His patrol car comes to a stop at Meridian Baptist Church, which is less than 1,000 feet from the crash site. At 100 mph, she had already crashed by the time he stopped.

4). While parked in front of the church, the suspect's address is radioed to the trooper, who requests for directions, indicating travelling to this address would be his next course of action.

5). Van Morgan begins to accelerate at 6:35, and stops at 7:20 directly across the highway from the billboard in the field just west of Chapman and Longvale...the accident scene. At this point, he is sitting less than 100 feet away from April Keck.

6). At 7:25, Van Morgan says "Is there a wreck?" to a passing motorist who was either driving very slowly or stopped at the scene of the accident. The response from the motorist is incomprehensible (at least to this viewer) but seems rather animated, as if someone trying to describe what they had seen. Van Morgan then asks the motorist if they had witnessed a car passing them at a high rate of speed. A "No" is almost certainly discernable, and Van Morgan continues on at 7:42 headed south. The dashcam footage ends at 7:50, so it is unknown whether he continued travelling southbound, or turned around and headed to Cape Brittany Way in west Knoxville. (It should be noted that none of this information was made public during the coverage it received in the media).

7). KPD subsequently determines in their detailed investigation that there was no way that Van Morgan could have witnessed the accident, and conclude that the fact that he asked a passing motorist if there was an accident within 100 feet of the accident scene was nothing more than a coincidence. They also conclude that any suspicion from the officer that an accident had occured need not be followed up by actually getting out of his cruiser and checking.

Sarcasm aside, The "official" story has stunk from the beginning, and a lot of readers knew it. It cannot be a coincidence that the man asked someone on the other side of the road if an accident had occured RIGHT IN FRONT OF THE ACCIDENT. He may not have seen it, but this video seems to indicate that someone did, and he either dismissed it or ignored it. I just don't understand why he would ask that question, and then not get out of his car and have a look around.

After sleeping on this, I've considered another really big issue with this video. When Van Morgan calls off the pursuit and pulls over (approx. 1000 feet from the accident), and decides out of nowhere to drive again a couple minutes later, he radios in he is going to look for a possible "45 or 46". In Tennessee, the radio codes for 10-45 and 10-46 are as follows:

10-45 WRECK PROPERTY DAMGE
10-46 WRECK PERSONAL INJURY

Here's what bothers me about that. When he called off the pursuit, he could still see her tail lights (well, at least the camera could, God only knows what this man actually can and cannot see apparently). Why would he even suspect she had wrecked less than a quarter of a mile away? Couple that with his action (or lack of action therof) at the accident scene, and compare it to the Anito chase in November, and something is REALLY rotten here.

I doubt THP or KPD even has an ID on the guy driving the car that was at the accident scene, since Van Morgan didn't seem too concerned with him. It's too bad THP daschams have such poor audio...and video, for that matter.

This officer has now chased 2 people to their deaths, that we know of. While it was both drivers who chose to make the fatal mistake to run from him, at some point his track record should put his ability to be on patrol at risk. In this officers case, his inactions, questionable actions, and lack of actions seem to me to warrant his dismissal from the police community, not just THP.





Records: Fatal crash after chase was second involving trooper

As he watched the flames consume the dead driver's car, Trooper Charles Van Morgan thought back to a crash from the year before.

"I was concerned that night because there was a fatality involved," he told Tennessee Highway Patrol investigators. "I know that's gonna be scrutinized."

Gordon Kyle Anito, 20, and April Lawanna Keck, 22, each died after leading Morgan on an early-morning high-speed chase — Anito on Nov. 26 in North Knox County and Keck on March 13, 2010, in South Knoxville.

The THP moved to fire Morgan last month after his cruiser video showed he drove past Anito's wreck on Andersonville Pike and didn't return until the car was in flames. Preliminary autopsy results indicated Anito died on impact, but Morgan didn't know that then.

He'll make the case for keeping his job today at a hearing in Nashville.

Anito's parents have filed a $10 million federal lawsuit in his death.

Morgan's personnel file, provided this week by the THP in response to a News Sentinel public records request, shows he consistently earned high marks from his bosses. He started his career as a University of Tennessee police officer and joined the state Department of Safety in 2002 as a Commercial Vehicle Enforcement officer. He transferred to the THP in January 2004.

The records reveal previous cases when Morgan came under more than cursory scrutiny.

The most attention came after Morgan's chase with Keck in March 2010. Morgan had pulled Keck's Mitsubishi Eclipse over in the parking lot of the Family Dollar on Chapman Highway after she passed driving the wrong way in the rain around 1:30 a.m.

Keck never stepped out of the car. She sped away, and Morgan followed her, heading south on Chapman.

The chase lasted about 90 seconds and covered about three miles. Morgan called off the pursuit when the speed reached 100 mph.

Video from Morgan's cruiser shows he pulled over and later drove down Chapman, looking for a wreck. He drove past the spot in the 6000 block where Keck ran off the road, and her body wasn't found until the next day.

Knoxville police determined Keck's car sailed through a curve, off an embankment and about 200 feet through the air before it hit a billboard post and tumbled to the ground, where it landed on its top. The impact hurled Keck, who didn't wear a seatbelt, out the window and past the sign.

A test placed her blood-alcohol level at nearly .25, about three times the legal limit. Police found no skid marks or other sign she hit the brakes.

The video shows Morgan couldn't have seen that wreck. That didn't stop the trooper from recalling that night when he saw Anito's burning car.

"That's the same thing," Morgan told investigators. "I went to go down the road and look for the wreck and couldn't find it. It's all on video, and unfortunately, you know, the person was found a few days later. I know how it looks (with Anito's crash) but I, I haven't done anything wrong."

Test results on Anito for drugs and alcohol aren't complete yet.

THP officials ruled Morgan followed procedure in both those chases — and in nearly every chase listed in his file. Out of half a dozen chases, Morgan was disciplined once when he served a two-day suspension for shooting at a motorcycle driver who crashed and ran in Jefferson County in 2004.

His only other punishment was a warning given in 2009 when a burglar broke into Morgan's truck and stole his service pistol. Morgan notified his sergeant after calling Knoxville police, but supervisors said he should have called sooner.

Trooper Charles Van Morgan's disciplinary record

* June 20, 2004: Shot at a fleeing suspect; suspended for two days

* Nov. 16, 2008: High-speed chase; no violations found

* May 2, 2009: High-speed chase; no violations found

* June 3, 2009: Accused of harassment; ruled unfounded

* July 24, 2009: High-speed chase; no violations found

* Jan. 23, 2010: High-speed chase; no violations found

* Jan. 23, 2010: Failed to promptly notify supervisor when service pistol stolen; warning given

* March 13, 2010: High-speed chase with April Lawanna Keck; no violations found

* July 14, 2010: High-speed chase; no violations found

* Nov. 27, 2010: High-speed chase; no violations found

* April 23, 2011: Accused of harassment by Knox County Sheriff's Office corrections officer; ruled unfounded

* Nov. 26, 2011: High-speed chase with Gordon Kyle Anito; recommended for dismissal





Police review THP video in South Knoxville fatality probe

March 16, 2010

Knoxville police have reviewed the in-cruiser video of a traffic stop that apparently occurred just minutes before a 22-year-old woman died in a crash along Chapman Highway.

"We received it yesterday," Knoxville Police Department spokesman Darrell DeBusk said this morning.

The video from the cruiser of Tennessee Highway Patrol Trooper Charles Van Morgan was recorded during a 1:30 a.m. Saturday traffic stop on Chapman Highway. On Sunday morning, a passerby alerted authorities of a wreck off Chapman Highway that killed April Lawanna Keck, of Cape Brittany Way in West Knoxville.

Van Morgan stopped Keck's black 2003 Mitsubishi Eclipse because it was traveling south in the northbound lane of Chapman Highway, according to THP spokesman Mike Browning.

DeBusk said police requested the THP video to determine Keck's demeanor during the traffic stop. The video, however, shed little light on that aspect.

Browning said this morning that neither Keck nor the trooper exited their vehicles during the stop in the parking lot of the Family Dollar Store, 4022 Chapman Highway.

"The trooper was preparing to get out when she sped off," Browning said.

The video shows a chase along Chapman Highway that exceeded 100 mph. Browning said Van Morgan opted to terminate the pursuit because of the speed and rain-soaked roadway.

Browning and DeBusk declined to say how long the chase lasted or how far Van Morgan pursued Keck's car before ending the chase.

"It was not long," DeBusk said. The car crashed about three miles from the initial traffic stop.

DeBusk said the video shows "the officer could not have seen the crash."

The investigation into the fatal crash continues with officers interviewing people who last had contact with Keck on the night of the wreck. DeBusk said officers also are awaiting an autopsy report and toxicology results.

The toxicology results, DeBusk said, "will take a few weeks to get back from the Tennessee Bureau of Investigation laboratory."

Keck's mother had reported on Sunday that her daughter was missing.

According to the report, Keck was last spotted leaving Barley's Taproom & Pizzeria in the Old City shortly after midnight Friday.

Her death has left her friends and employer in shock.

Keck worked as a hair stylist at the Modern Salon, 105 Center Park Drive, said owner Kim Troendle. She had been working there about three months.

"She was a very talented hair dresser," said Troendle. "A sweet, very sweet, girl. I'm just so surprised. She had so much talent. … I'm just devastated."

According to the missing person report filed by Gail Davis, Keck's ex-boyfriend had contacted her about retrieving some personal items. Friends saw Keck get into her ex-boyfriend's car early Saturday in the Old City before she went missing, according to records.

Davis, who shared an address with her daughter, could not be reached Monday for comment.

A passing motorist spotted the overturned Mitsubishi at 9:43 a.m. Sunday. The car lay at the foot of an overgrown embankment off the northbound lanes of the highway, said KPD Sgt. Tom Fox, who identified Keck as the driver.

According to Fox, the driver lost control, crossed both northbound lanes and struck the support beams of a billboard along a sharp curve between Deva and Longvale drives.

Keck had been ejected, he said.

"It's very hard to see the car from the road," Fox said.

On Aug. 23, Keck was arrested at the residence of an ex-boyfriend and charged with public intoxication, according to a Knox County General Sessions Court affidavit.

The ex-boyfriend told police that Keck had shown up at his home drunk and that she was beating on his doors, the affidavit states.

Comments

Will this be enough for those insinuating that Tennessee Highway Patrol Trooper Charles Van Morgan bumped her off the road & left?

I bet the tape was doctored to protect the trooper. A full investigation needs to be done.

I'm equally skeptical. A review from the outside in rather than the inside out needs to be conducted somehow. Van Morgan is well known for bending the truth (to put it nicely) on his police reports regularly. I don't believe his account due to lies I've seen this man spin, and internal investigation carries too much bias.

Hmmm accelarate from 0 mph to over 100 mph on a rain slick road, carry on a chase for "a few" minutes then decide to break off the chase but somehow fail to see the wreck that occured "3 miles from the traffic stop". I smell a cover up....

Don't think that wrongful death suits haven't been filed over similar circumstances. Especially misdemeanor things where the argument will be "you should have just gotten the plate and backed off". This can really be effective if a third party winds up injured or dead, i.e. had the cop not chased, the accident wouldn't have occured. Threat of liability is what has led to these procedures barring chase when the conditions do not favor it. Once that cop ends pursuit whatever happens after that is on the suspect. That is the idea anyways, I think it's a catch 22 because if the suspect does wind up killing someone down the line, the argument will be the cops should have apprehended them and not let them go. Either way, cops wind up the bad guys.

On Chapman Highway at 75 mph on wet road i would have broke off the chase for my own safety. Since after running tag no wants or warents. Just my 2 cents.

I do have specific examples of Van Morgan's lying behavior, including watching the man argue with a judge (to everyone's amazement in the courtroom) over a ruling in a DUI case he didn't like. His over-zealous nature has lost some cases that could have been won. I'll give him one thing, he lives and breathes to help convict accused DUI offenders, guilty or not. Not that I need to prove that to you by naming those examples and putting people's names out there. Van Morgan's reputation precedes him and if you don't already know that it's not my job to enlighten you.



Terminated THP trooper Charles Morgan's dropped DUI arrests disturb MADD

WBIR TV
Feb 20, 2012

Tennessee Highway Patrol Trooper Charles Van Morgan's employment officially ended late Monday afternoon. Last week Morgan was notified that his appeal was denied and he would be terminated by THP effective at the end of the business day Monday.

THP cut ties with Morgan after an internal investigation found he slowed down but failed to stop for a fatal crash that killed 20-year-old Kyle Anito on November 26, 2011. Anito's vehicle ran off Andersonville Pike while trying to outrun trooper Morgan. Morgan was attempting to pull Anito over on suspicion of DUI. Morgan returned to the scene five minutes after he initially drove past the fiery wreckage.

The damage to Morgan's credibility has destroyed dozens of DUI cases in Knox County. The Knox County District Attorney General has already dropped 95 cases where Morgan was the arresting officer.

"He was very good at what he did in that he made a lot of DUI arrests," said Julie Strike, coordinator of Mothers Against Drunk Driving in Northeast Tennessee. "I met Trooper Morgan a couple of times because he was given awards for making the most DUI arrests in the state. He was recommended for the award by his captain."

Strike said the dropped cases are disturbing and she fears there will be ramifications for public safety down the road.

"It's just sickening because you have that many people with DUIs that will just get away with it. Especially for the repeat-offenders where there is no punishment," said Strike.

Strike said first-time offenders will avoid more than court.

"Even for people who have drunk driving charges reduced, any first-time offender can usually be required to attend a victim impact panel that MADD organizes. It is a very emotional presentation where they talk to parents and relatives of people killed by drunk drivers, see videos of the victims, and get a real feeling of what can happen when you get behind the wheel under the influence. We feel like that has a big impact and can deter people from driving drunk again."

While Morgan had a reputation for making large amounts of DUI arrests, Knox County prosecutors say Morgan had a growing reputation for making arrests that could not result in convictions.

"He had an inordinate amount of cases that could not have been successfully prosecuted," said John Gill, special counsel to the Knox County Attorney General. "There were a large amount of problems with Morgan's cases that made them impossible for us to get a conviction, long before any of this [the Anito crash and Morgan's termination] happened."