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Man pleads no contest to homicide charge

Staff reporter

A positive outcome from a tragic accident was what Georgie Vogel's daughters wanted Oct. 13 when David Herb pled no contest to vehicular homicide in Marion County District Court.

Herb, 42, of Council Grove, was sentenced to 24 months probation after being found guilty of vehicular homicide in the April 21, 2003, accident that claimed Vogel's life.

Herb, a Martin Marietta Aggregates employee, was driving a 2001 Chevrolet three-quarter ton truck when it crashed into the scale office at Martin Marietta Quarries, north of Marion.

Vogel, a quarry weigh master, was at her desk at the time of the accident. Two other people were injured.

According to court records, Herb was charged with vehicular homicide for "unintentionally killing Vogel by the operation of an automobile in a manner which created an unreasonable risk of injury to the person or property."

Lee Davidson, assistant Kansas Attorney General who prosecuted the case, said Herb had a history of seizures. Herb was diagnosed and prescribed medication to control the episodes, Davidson said.

In February 2003, two months prior to the accident, Herb had a seizure-like episode while operating a vehicle, Davidson said.

Herb had seizures after the accident, failed to seek medical treatment, and continued to drive, Davidson said.

Through an investigation of the crash, it was determined the company truck accelerator was "pushed fully to the floor," Davidson said. "The act was negligent."

In an emotional speech, Jamie McDonald, one of Vogel's daughters, spoke at the hearing.

She spoke of not being able to see her mother or hear her mother's voice.

"I want something good to come out of this tragedy," McDonald said, facing Herb. "My heart breaks for you. Darla and I have forgiven you . . . we want something good to come out of this."

McDonald said this is what her mother would want.

Herb then stood, faced the Vogel family, and said he was sorry for what he did.

"If there was any way I could trade places with her (Georgie) I would," said Herb. "I can never apologize enough for what happened."

Herb said this had been a difficult time him.

"I am deeply sorry for what's happened," Herb said.

McKeon said following a federal investigation, both Martin Marietta and Herb have been fined.

McKeon said he has observed a healing process that he hasn't seen very often.

"It takes a lot of guts to forgive this man," McKeon said. "The daughters have a lot of heart."

McKeon said even though it was an unintentional act, there has to be accountability.

Eighth Judicial District Court Chief Judge Michael Powers told Herb the maximum sentence for this misdemeanor crime was up to one year in the county jail and a maximum fine of $2,500.

Powers said his personal feeling is to look at the individual and determine whether he is a threat to society and the wishes of the victim's family.

"I don't think society needs to do more," Powers said.

Powers then sentenced Herb to a nine-month county jail sentence and $500 fine plus court costs. The jail sentence was suspended and Herb immediately was placed on 12 months supervised probation and 12 months unsupervised probation.

Other conditions of the sentence was for Herb to have his medical condition monitored, sign a medical release to enable court services to obtain physician's records, and cooperate with any future investigations.

Powers also said he wanted Herb to perform 100 hours of community service.

"A suggestion was made for something good to come out of this," Powers said. He told Herb to give some thought to how Vogel could be honored and remembered in the community.

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