After wrapping up a nearly four-month long investigation, the Jackson County prosecutor has determined that it “.. will not be moving forward with any criminal charges at this time” related to a March 23rd incident that cost an Ohio Department of Natural Resources’ Division of Forestry employee her life.
Killed was Selinde Roosenburg who was participating in a controlled burn at the 2,531-acre Richland Furnace State Forest, located in Vinton and Jackson counties. The incident involved Roosenburg as a passenger in an all-terrain vehicle being driven by another, unnamed, Forestry Division employee.
It is said the vehicle lost control, ejecting Roosenburg from the machine. She was life-flighted to Grant Medical Center in Columbus where she was pronounced dead.
Thus, with the conclusion of the criminal investigation the Natural Resources Department says it can now initiate “... an administrative investigation into the matter to determine whether any disciplinary action is warranted.”
Jackson County Assistant Prosecutor Rachel E. Daehler said in a July 13th letter to Schaad Johnson, captain with the Natural Resources Department’s Division of Parks and Recreation, that “This was an incredibly tragic accident and our office expresses its deepest condolences to the family of Ms. Roosenburg.”
Daehler said also in her letter to Johnson that in order for her office to pursue criminal charges against the driver of the vehicle… “we would need to be able to prove beyond a reasonable doubt that the driver was operating the ATV in one of the following ways: (1) under the influence of drugs/alcohol; (2) recklessly; (3) negligently; or (4) in violation of a traffic law under Revised Code Section 4511.”
“There is no indication that the driver was operating the ATV while under the influence, nor do the facts indicate that the driver was operating the ATV recklessly,” Daehler said.
Likewise, said Daehler in her letter, the remaining sections of the Ohio Revised Code demands that the prosecutor would have had to prove the unexpected acceleration of the ATV “..was due to the negligence of the driver, or, that the driver was operating the ATV in violation of a traffic law.”
However, the Jackson County Prosecutor’s office “… does not believe it has the evidence necessary to prove either of these elements beyond a reasonable doubt,” Daehler said in her letter.
“From all witness accounts, the driver was operating the ATV in a responsible manner when he encountered rapid acceleration, the cause of which is disputed.”
“Additionally, while the driver did fail to control the ATV, this particular traffic crime only applies to vehicles being operated on a street, highway, or property open to the public for vehicular traffic… As such, (the Jackson County Prosecutor’s Office) does not believe it is has the evidence necessary to prove a criminal offense was committed in connection with the accident.”
Which now clears the way for the Natural Resources Department to proceed with its own internal, administrative, investigation.
Sarah Wickham, the Natural Resources Department’s Chief of Communications - following a request for comment by “Ohio Outdoor News - noted that the fatal incident was “tragic.”
Wickham said also how the Natural Resources Department “is committed to continuous improvement and taking a critical look at our operations and how we can improve the protection of our employees, to the greatest extent possible, moving forward.”
“Shortly after this accident we assembled a multi-divisional working group to evaluate and determine whether we needed to revise our policies related to the operation of ATVs and UTVs,” said
Wickham said as well in her communique with “Ohio Outdoor News” that... “the department is in the process of adding additional training requirements for all employees who utilize these vehicles, creating visible reminders of the need for seatbelt use, and examining helmet options. We are currently evaluating the safest options for protection in various work scenarios.”
- By Jeffrey L. Frischkorn
JFrischk@Ameritech.net
JFrischk4@gmail.com
No comments:
Post a Comment