Letter to the editor
To the Editor:
This letter is sent in response to the article published in your paper on Aug. 30 captioned "Driver charged with traffic infractions in collision." The article relates to a crash that occurred at the intersection of Nighthawk Road and 190th (Old Highway 56) in Marion County, on Nov. 21, 2005, and the decision of Marion County Attorney Susan Robson not to prosecute the man responsible for killing two people.
Ten days before the crash, Douglas E. Gable was released from prison. He has a long history of drug and alcohol abuse and criminal activity, and is well known to local law enforcement. On the day of the crash Gable was driving southbound on Nighthawk Road. Pictures and evidence at the scene make it clear that Gable was traveling well in excess of the posted speed limit.
At that same time, my brother and his wife, Richard and Frances Barber, were traveling eastbound on 190th. Gable ignored the advance warning signs and ran the stop sign at the intersection. There was nothing obstructing his view of any of the signs or the traffic he was speeding toward.
Gable slammed into my brother's car, eventually killing them both. My brother died at the scene. My sister-in-law suffered in agony for three months before she died from her injuries.
This crash was investigated by Trooper Scott Proffitt of the Kansas Highway Patrol, with assistance provided by the Marion County Sheriff's Office. The trooper indicates in his report that this crash was, in his opinion, caused by the actions of Mr. Gable. The officer's opinions regarding the cause of the crash, as specified in the report, place no fault or blame for the crash on my brother.
The trooper wrote in a brief supplemental report that no urine sample was taken from Gable until the next day and that no blood sample was ever obtained from him. Although it is obvious that the investigating officers suspected Gable was under the influence of drugs, alcohol, or both, this was not pursued until it was too late.
Kansas has a special team of highly-trained investigators and accident reconstruction experts available to assist local law enforcement officers with crash investigations, especially those involving fatalities. This Critical Highway Accident Response Team (CHART) was not called in to investigate this incident, which turned out to be a multiple-fatality crash. If the CHART team had investigated this crash, evidence of Gable's recklessness could have been conclusively established. The CHART team's reconstruction experts still could have been consulted well after the date of the crash, but their assistance was never requested. Even now, crash reconstruction could reveal much of the details of the crash and provide evidence needed to prosecute Gable including how fast he was driving.
In the article, Robson says she decided that Gable should not be prosecuted for any offense other than a minor traffic infraction. She claims this decision was based on a "thorough investigation." The facts do not bear that out. When I wrote to Robson to find out why Gable was not being prosecuted, she responded in writing indicating that her decision to let Gable off with a minor traffic infraction was made after reviewing nothing more than the trooper's report. She concluded, based on that alone, that "there was not enough evidence" to prove that any other crimes occurred. She did not, however, take the necessary steps to get the evidence she needed.
I am told that Gable paid a $60 fine. It is my understanding that it is now too late to bring charges against him for vehicular homicide or any other crime. The ticket and fine are the only penalty he will pay.
The lives of my brother and sister-in-law were worth more than $60. They deserved an informed decision.
Kenneth Barber
3347 W. 114th Circle, Unit B
Westminster CO 80031
