ARIZONA JURY: TANKER DRIVER GUILTY IN DEATH OF YUMA, ARIZONA-BASED DEPARTMENT OF PUBLIC SAFETY OFFICER

 

ARIZONA JURY: TANKER DRIVER GUILTY IN DEATH OF YUMA, ARIZONA-BASED DEPARTMENT OF PUBLIC SAFETY OFFICER

February 6, 2015

Jurors have found the driver of an empty fuel tanker guilty of criminally negligent homicide in a 2013 collision that killed a Yuma-based highway patrol officer.

The prosecution had initially charged Jorge Espinoza with second-degree murder in the death of DPS Officer Tim Huffman, but the jury had been given instructions it could instead find him guilty on lesser-included offenses, which is a crime that contains some of the same elements as a more serious crime.

The jury also found Espinoza guilty on six of the 13 endangerment charges against him and six counts of criminal damage. Jurors began deliberating late Tuesday afternoon and returned with the verdict Friday about 11 a.m.

Huffman was killed in his patrol vehicle on May 6, 2013, when it was struck as part of a multi-vehicle collision involving a tractor-trailer driven by Espinoza. The accident occurred as Huffman was writing a report at a rollover accident site on Interstate 8 at milepost 40.

Superior Court Judge David Haws, who presided over the five-week trial, also ordered that Espinoza, who had been out of custody on $200,000 bond, be taken into custody pending sentencing, which will likely be next month.

Saying, "this is a trial that stirred deep emotions," Haws cautioned those in attendance about making any outbursts or unduly reacting as the verdicts were being read.

Jurors were scheduled to return to court Friday afternoon for the sentencing phase of the trial in which they will hear arguments from the prosecution and defense about aggravating and mitigating factors, which are used to determine the severity of a sentence.

Throughout the trial the prosecution had argued that Espinoza had been using his cell phone to access a social media site and did not see the accident scene ahead of him in the roadway.

The defense, however, had argued that Espinoza was blinded by the sun and that DPS did not set up the lane closure at the scene of the original rollover accident, which did not give him enough time to react. The defense had also argued that is not against the law to use a cell phone while driving.

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Arizona Department of Public Safety makes arrest in connection with the death of Officer Tim Huffman

Suspect booked on several charges, including manslaughter 

Friday, May 10, 2013 -

This afternoon, Detectives from the Arizona Department of Public Safety Vehicular Crimes Unit arrested 33-year-old Jorge Espinoza of Yuma and booked him into the Yuma County Jail on one count of manslaughter, 14 counts of endangerment and 7 counts of criminal damage in connection with the May 6 death of DPS Officer Tim Huffman. 

No other information concerning the arrest, which was made at 5:30 p.m. today in Yuma, will be released at this time.

On May 6, 2013, at around 5:10 p.m., three Arizona Department of Public Safety officers assigned to District 4 were investigating an injury collision on the eastbound lanes of Interstate 8 at milepost 40, about 40 miles east of Yuma. The fire department had requested that the officers close the number-two lane to allow for the transport of the injured. A DPS Officer parked his patrol car with the emergency lights flashing on the number-two lane. Officer Tim Huffman’s patrol vehicle was parked a few feet away on the shoulder. Huffman was in his car writing a report on his in-car computer (MDC).

Moments later an empty tanker truck was traveling eastbound in the number-two lane of Interstate 8 heading towards the closure. Despite the flashing lights and attempts by an Officer to signal the truck driver, the semi-truck collided with the DPS Officer’s patrol vehicle in the number-two lane, and then struck Huffman’s vehicle which was parked in the emergency lane. 

The Officer whose car was in the number-two lane was able to jump out of the way moments before the crash. The force of the impact killed Huffman who was still inside his vehicle. The tanker also slammed into a pickup truck belonging to the fire department which was pushed into another DPS patrol vehicle that was not occupied. That patrol vehicle then struck the rear of a parked fire department truck.

The driver of the semi truck was Jorge Espinoza, 33, of Yuma. At the time of the crash, Espinoza was traveling from Yuma to Phoenix. He was not injured in the crash.

Huffman, who served as a member of the Arizona National Guard for many years in addition to his DPS service, was 47. He is survived by three siblings who live out of state. He joined DPS 14 years ago and was assigned to District 4, which is based in Yuma. With his death, Huffman became the 29^th DPS officer to lose his life in the line of duty.

TWO MORE ELDERLY PEOPLE MOWED DOWN WHILE THEY WERE WALKING IN THE PEDESTRIAN CROSSWALK. SITE OF REDONDO BEACH, CA DEADLY BUS CRASH KNOWN FOR NEAR-HITS

 

TWO MORE ELDERLY PEOPLE MOWED DOWN WHILE THEY WERE WALKING IN THE PEDESTRIAN CROSSWALK.  SITE OF REDONDO BEACH, CA DEADLY BUS CRASH KNOWN FOR NEAR-HITS

February 6, 2015

REDONDO BEACH, CALIFORNIA:

Redondo Beach Police on the scene of a fatal bus crash at the corner of Avenue I and Catalina Ave. Two pedestrians, one man was killed and and woman was taken to the hospital.

Business owners facing the Riviera Village crosswalk where a bus struck two pedestrians Wednesday night, killing one, questioned if more safety measures are needed at an intersection they say has long been unsafe and poorly lit.

The couple crossing Avenue I just east of Catalina Avenue about 6:15 p.m. were hit and then trapped underneath a Los Angeles Department of Transportation commuter bus after it turned east off of Catalina Avenue. Allen Shall, 83, of Torrance, died at the scene. His wife Lynn, 70, was extricated and is in serious condition in an intensive care unit at a local hospital. Details about her injuries were not disclosed.

Police continue to investigate but said that driving under the influence is not suspected. It appears to be a tragic accident, authorities said.

The accident came as little surprise to Justin Taylor, whose family owns Grace and Greene, an eco-friendly boutique steps from where the crash happened in the quaint shopping area of Riviera Village.

“I’m surprised there haven’t been more accidents,” he said. “I’ve seen people almost get hit by cars and cars almost hitting each other frequently. Every day, cars are honking at each other.”

Taylor and several other shop owners near the intersection said the Village as a whole is not well lit, and cars often struggle to see pedestrians due to the poor lighting, large planters and other streetscaping at every corner.

“I think the driver just did not see two elderly people in the crosswalk. I think it was truly an accident,” said Michelle VonKannon, who owns The Monogram Shoppe, which faces the scene of the collision. “There’s not a lot of light, and I think it was just the wrong place at the wrong time. I feel sorry for everyone involved.”

Redondo Beach investigators said they still have not determined if the couple were already in the crosswalk when the bus turned, or if they walked out in front of the bus.

The bus was on its route at the time of the crash, but no one on board was injured, according to Tina Backstrom, an LADOT spokeswoman.

Police said they will review the dashboard camera inside the bus, which shows the view of the driver, she said.

“LADOT is deeply saddened by the unfortunate traffic collision,” Backstrom said. “LADOT and (bus operator) MV Transportation are cooperating fully with the Redondo Beach Police Department and will supply any information needed for the investigation.”

The driver cooperated Wednesday night and was released by police, she said Thursday.

Lindsay Shelton, manager of HT Grill across the street from where the collision happened, said she and several others witnessed the crash during the busy dinner rush, but many people were not able to provide much detail.

“We were all here, but it happened really fast,” she said. “I don’t think any of us had time to register what was happening.”

Shelton said the intersection has been known for incidents — a female bicyclist was hit by a car there last summer, but she walked away — but nothing as serious as Wednesday night.

The intersection is controlled by a flashing red light on Catalina and stop signs on Avenue I.

Police said the intersection has not been known as the site of any major vehicle vs. pedestrian accidents in recent years. More specific data for that area was not immediately available.

“I don’t know what else they could do. It’s not busy enough for a full stoplight,” Taylor said.

But shop employees, including Anita Sweatt, pondered if something could be done — perhaps speed bumps along Avenue I or even a lighted crosswalk.

“I’ll take anything if it’s going to save a life,” Sweatt said.

SURPRISE: "WE HAVE NOT INVESTED IN RAILROAD INFRASTRUCTURE FOR MANY-MANY YEARS; BESIDES, NOBODY TOLD US THAT WE NEED TO HAVE SAFER CROSSINGS!!" DRIVERS CRITICIZE NEW YORK CROSSING WHERE TRAIN, CAR COLLIDED

 

SURPRISE: "WE HAVE NOT INVESTED IN RAILROAD INFRASTRUCTURE FOR MANY-MANY YEARS;  BESIDES, NOBODY TOLD US THAT WE NEED TO HAVE SAFER CROSSINGS!!"

 DRIVERS CRITICIZE NEW YORK CROSSING WHERE TRAIN, CAR COLLIDED

 February 6, 2015

It is no secret that the railroads have invested very little money in making the crossings safer.  It simply requires too much money and they have been postponing for many years the safety upgrades, until a disaster hits us.  Well, folks, the disaster is upon us and we better improve the damn safety of these railroads.  We are tired and alarmed of hearing of the derailments and the crashes and the collisions and the killings and the explosions and the fires and the hundreds of near misses.  As we right this blog, two more people inside a car got killed in Ohio by two CSX trains consecutively.

The Westchester County rail crossing made Nicole Sanders anxious even before she witnessed this week’s fiery fatal collision between a commuter train and a sport- utility vehicle.

“There are a whole lot of moving parts for the driver to consider,” said Sanders, who watched the conflagration from a window across the street at Ladimax Sports and Fitness, where she is a personal trainer. “It’s not a good intersection to have a train track.”

About two car lengths east of the tracks in Valhalla, New York, Commerce Street crosses the Taconic State Parkway at an awkward angle. Poor lighting and traffic that backs up during the evening rush can make the crossing confusing, said Sanders.

Even so, about 1,000 cars make their way across the tracks daily, according to the Federal Railroad Administration. The 3.1 percent probability of a crash there makes the site the 17th most dangerous of 86 Metro-North Railroad grade crossings, according to the agency.

The Feb. 3 collision, the deadliest in Metro-North history killed six, including the driver of a Mercedes-Benz SUV that was hit by the commuter train. It was the first at the Commerce Street crossing since 1984, federal records show.

Horn Blaring

Federal investigators on Thursday began to compile a better picture of what happened that night, but said it will take much longer to understand just how the SUV ended up in the path of speeding train.

What they do know is that traffic lights and warnings designed to keep the intersection clear of cars appeared to have operated properly. The engineer of the train also sounded his horn as he approached the crossing as is required, Robert Sumwalt, a member of the National Transportation Safety Board, said at a news briefing.

NTSB investigators interviewed the engineer and a driver who was directly behind the SUV that was hit, and they recovered data from the train and warning systems at the intersection, Sumwalt said.

“The engineer reported he saw the car moving onto the tracks,” Sumwalt said.

The engineer activated the emergency brake and blared the horn in the seconds before impact. The SUV’s driver, Ellen Brody, a 49-year-old mother of three, was killed, as were five people on the train.

No Complaints

The state Transportation Department hasn’t received complaints about the crossing in at least 10 years, Beau Duffy, an agency spokesman, said by phone. The department is waiting for the NTSB to conclude its investigation, he said.

“Any issues they identify, we’ll take action on,” Duffy said.

Stephen Morello, counselor to the chairman of the Metropolitan Transportation Authority, which operates Metro- North, said the agency is prohibited from commenting on the investigation.

The driver directly behind Brody’s SUV told federal investigators that the woman in that vehicle had to stop on or near the tracks because heavy traffic caused by a nearby accident was “inching along,” Sumwalt said.

The witness tried motioning to Brody to back up, he told investigators. Instead, Brody got back in her car, paused for a moment and then drove into the oncoming train, according to Sumwalt.

Investigators are still trying to determine whether traffic prevented Brody from pulling forward sooner, he said.

Treacherous Crossing

Donna Coppola, a circulation clerk at the nearby Mount Pleasant Branch Library, said she avoids the crossing because of the confusing intersection and harrowing track clearance. It’s treacherous and she doesn’t drive there at night, she said.

The collision, the railroad’s sixth accident at a road crossing in less than four years, is raising questions about whether more should be done to make them safer. Road and rail intersections are difficult to guard, and the time it takes for a train to stop makes it almost impossible for an engineer to hit the brakes in time to avert a collision.

New York has 5,304 grade crossings, according to U.S. Representative Sean Patrick Maloney, a Democrat from Newburgh. There were 81 accidents, 15 deaths and 23 injuries at grade crossings from 2012 through 2014, according to Maloney.

Heading Home

Brody was heading home to Scarsdale, New York, from her job at ICD Contemporary Jewelry in Chappaqua, said Varda Singer, owner of the shop. She left around 5:30 p.m. for the 13-mile (21-kilometer) drive south, which takes about 30 minutes when there’s little traffic.

About five minutes before Brody left, a driver headed south on the Taconic was texting and drifted into the left lane, striking a northbound vehicle that had stopped to make a left turn onto Lakeview Avenue, less than a mile south of the Commerce Street crossing, according to Melissa McMorris, a state police spokeswoman. The crash shut down the Taconic in both directions, McMorris said.

The ensuing traffic jam caused cars to be backed up on Commerce Street. The northbound train out of New York City was traveling at about 58 miles per hour, under its 60 mph speed limit, as it approached the Commerce Street crossing at about 6:26 p.m., according to the NTSB’s Sumwalt.

Creating Fireball

The impact from the Feb. 3 collision created a fireball in the freezing night that engulfed the first train car as the Mercedes was pushed down the tracks. Sumwalt said it took the train about 950 feet to stop after the engineer activated the emergency brakes.

Westchester County Executive Rob Astorino said he goes through the crossing every morning.

“It’s a dangerous intersection,” Astorino said in an interview. “It’s confusing because people coming across the tracks are trying to go straight across the parkway, and it’s not straight.”

The design of the electrified third rail is another area investigators are examining, Sumwalt said. The rail, which sits above the ground on the left side of the track, has a unique design on Metro-North, he said.

About 400 feet of the third rail penetrated the SUV and then entered the train’s first car, depositing the steel bars in 80 foot sections.

“The rail car is going through, kind of sucking these damn things up, just one by one by one,” he said in an earlier interview. “I counted about a half dozen of those that were just being inhaled as the train car goes down the track.”

TWO PEOPLE INSIDE A CAR WERE KILLED BY TWO TRAINS IN OHIO. THE DRIVER DROVE THE CAR PASSED THE GATES WHILE THEY WERE DOWN AND WAS STRUCK BY TWO TRAINS GOING IN OPPOSITE DIRECTION.

Officials determined all railroad crossing equipment was functioning when a vehicle was hit by two trains in Lorain County at state Route 83 and Capel Road, near Grafton. 

TWO PEOPLE INSIDE A CAR WERE KILLED BY TWO TRAINS IN OHIO. THE DRIVER DROVE THE CAR PASSED THE GATES WHILE THEY WERE DOWN AND WAS STRUCK BY TWO TRAINS GOING IN OPPOSITE DIRECTION.

February 6, 2015

EATON TOWNSHIP, Ohio -- Officials determined all railroad crossing equipment was functioning when a vehicle was hit by two trains in Lorain County at state Route 83 and Capel Road, near Grafton.

The State Highway Patrol is still investigating this accident but believes the car was traveling northbound when the driver was struck by first train, which was going west, and then was struck by the second train, which was eastbound.

The occupants of the car who died have been identified as Jawad Al-Nimer, 57, and Mufideh Al-Nimer, 78, both of Lorain.

The accident happened about 5 p.m. The State Highway Patrol believes the tan Chevrolet went past the gates while they were down.

Both trains were cargo trains and were not carrying any hazardous material.

This is the second train accident at this rail crossing in two months. In December, an empty tanker truck stalled on the tracks and was struck by a train at the same crossing.

"The last accident that we had here, to my understanding, was a mechanical failure of some brakes on the truck," said Lt. Kevin Blair with the Ohio State Highway Patrol. "It's well lit, it's wide-open, and the crossings appeared to be in working order."

CSX transportation confirms that it is not rare for two of their trains to cross at the same time.