Charges have been filed against the 34-year-old driver of a concrete truck involved in a fatal accident east of Emporia last year.
Assistant County Attorney Nick Heiman said that Donald R. Petitt is scheduled to make his first appearance on Wednesday in Lyon County District Court before Magistrate Judge John Conklin.
Petitt is accused of vehicular homicide and failure to yield or stop at a stop sign at the intersection of Roads 175 and U. The accident killed Rachel Hall, 20, of Emporia.
Vehicular homicide is a Class A misdemeanor, punishable by up to one year in jail; failure to yield is a traffic offense.
Petitt, whose driver’s license gave an Ozawkie address, was working for Penny’s Concrete Inc. at the time of the accident.
Settlement of a civil suit filed in conjunction with the accident was approved on Aug. 28, 2008, in Lyon County District Court.
The suit was filed against Petitt and his employer, Penny’s Concrete, by Jakob Keisler, guardian and next friend of Rylee A. Hall, Rachel Hall’s minor daughter and heir, and by James L. Hall, special administrator of Rachel Hall’s estate.
Terms of the settlement were not released.
According to an amended petition filed by the plaintiffs’ attorney, Michael C. Helbert, they allege that Rachel Hall’s vehicle was negligently and wantonly struck by the vehicle driven by Petitt and that the collision caused Hall’s death. The petition also alleged that Petitt was “operating within the scope and authority of his employment with Defendant, Penny’s Concrete, Inc.” and that the company was responsible for Petitt’s actions.
“That demand has been made upon the Defendants, but they have failed and refused to pay same,” the petition stated.
The petition asked for judgment in excess of $75,000, plus interest, the cost of the legal action, and for division of any settlement resulting, and any other relief the court deemed necessary.
Count II in the petition stated that Rachel Hall “suffered great physical and mental pain, shock, suffering, and loss of enjoyment of life” and asked for damages in excess of $75,000 on behalf of the Hall estate, plus the costs of the legal action and any other relief the court deemed necessary.
madpoet (anonymous) says...
I'm glad they are finally getting this to trial. But I'm shocked that vehicular homicide is a misdemeanor. You can kill someone by being reckless and only get a year in jail? Wow, that sucks. I drive by that intersection almost every day and see the memorial there. My heart bleeds for her children who will never know their mom because someone was in a rush and ran a stop sign.
November 15, 2008 at 11:58 a.m. ( permalink | suggest removal )
biggest_small_townKS (anonymous) says...
I'm right along with you on the "finally" and "my heart bleeds for her children" madpoet. The only reason the district Attorney "finally" decded to do his job was because MONEY came into the picture. But hey, the reason isn't important so long as the charges are brought. The question I have is why only vehicular homocide, why not vehicular manslaughter or 2nd degree murder? The driver ran the stop sign (a crime, a violation of the law) he did this intentionally and wantonly without the regard for any human life and in the process of this crime/violation of the law, he unfortunately killed another human being.
November 17, 2008 at 11:23 p.m. ( permalink | suggest removal )
Weltha (anonymous) says...
Its about time this family gets some kind of closure.
But.... biggest-
"The driver ran the stop sign (a crime, a violation of the law) he did this intentionally and wantonly without the regard for any human life"
Where did you read this at? Has it been proven or did he admit he ran it intentionally? Or are you just speculating? We know he ran it that much is TRUE but on purpose?! I'm just asking because I can't find it any where.
November 18, 2008 at 8:35 a.m. ( permalink | suggest removal )
emporialifer (anonymous) says...
A life was lost and that is a horrible tragedy. Before you decide to go out and stone this driver, let's remember that we are all human and we make mistakes all the time. Most of us are lucky enough that our mistakes do not harm others, but perhaps we have just been lucky.
I'm not condoning bad decisions, bad driving, etc., but I think we do need to take a step back and realize that the driver's intention was not to take another person's life.
November 18, 2008 at 11:38 a.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
Lyon County doesn't have a district attorney, we have a county attorney, just FYI.
November 18, 2008 at 1:13 p.m. ( permalink | suggest removal )
ElDoJoe (anonymous) says...
What do you mean that the only reason that charges were filed was because of "MONEY." I don't get that. Please explain what you mean.
November 18, 2008 at 4:19 p.m. ( permalink | suggest removal )
Happiness08 (anonymous) says...
emporialifer: I appreciate your comment. I am sure this man relives this nightmare every day. All of the individuals involved in this tragedy have my sympathy. I have wondered if this man even saw the stop sign. It is not hard to miss them out in the country when the grass and bushes are overgrown. I think it is sad though that it all comes down to "how much money are we going to get out of this". No amount of money will ever replace the mother 3 little children lost, or the life that was lost of a beautiful young lady.
November 19, 2008 at 8:21 a.m. ( permalink | suggest removal )
Rogergreen (anonymous) says...
it was a accident ! She died and he was at fault ! Case close !
except for the sufferring of the kids. What they should do is sue for the amount of money she would have earned over a lifetime , due to this also what was going to support her family finiancally.
November 19, 2008 at 8:42 a.m. ( permalink | suggest removal )
sadinemporia (anonymous) says...
How many of you are guilty of speeding, rolling through a stop sign or even have unknowingly ran a stop sign? My point is the same as emporialifer, it could happen to anyone. Unfortunately and unintentionally, the death of a person occurred this time. I am sure the families of both parties are devastated at what happened. Think about it if you were the one that ran that stop sign before you cast such harsh judgment on someone else. Running a stop sign is an infraction, punishable by a minimal fine. IT COULD HAPPEN TO ANYONE.
November 19, 2008 at 5:45 p.m. ( permalink | suggest removal )
hartford (anonymous) says...
Maybe we need a district attorney. It's my opionion that our county attorney isn't a strong speaker. I have seen her work, and I am sorry to say I am not all impressed. Could I do the job? (incase some will ask) No, I couldn't! I am just saying I am not impressed.
December 16, 2008 at 11:51 p.m. ( permalink | suggest removal )
LifeGoesOn (anonymous) says...
hartford, our county attorney is a man not a woman so I'm not sure who you were watching.
December 17, 2008 at 4:39 a.m. ( permalink | suggest removal )
Weltha (anonymous) says...
Amy Aranda is the assistant county attorney. I believe.
December 17, 2008 at 8:05 a.m. ( permalink | suggest removal )
hartford (anonymous) says...
Sorry LifeGoesOn. Mrs. Aranda is the only one I have seen in action.
December 17, 2008 at 10:45 p.m. ( permalink | suggest removal )