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Other side of fatal crash

Staff reporter

As we all know, there are usually two sides to every story. Such is the case of the letter to the editor in the Sept. 20 edition of the Marion County Record.

In that letter from Kenneth Barber, county and state officials were criticized for the investigation and lack of charges following an accident which involved Barber's brother and sister-in-law, Richard and Frances Barber of Marion.

On Nov. 21, 2005, Douglas Gable, 44, was driving southbound on Nighthawk Road and ran a stop sign, colliding with the Barbers who were eastbound on 190th. Both were thrown from the vehicle. Richard died at the scene and Frances died three months later. Gable sustained serious, but not life-threatening, injuries.

Kansas Highway Patrol Trooper Scott Proffitt investigated the crash. He believes the investigation was done correctly.

As with most crashes, efforts were made by medical personnel at Wesley Medical Center, where Gable was transported, to draw blood for a drug screen. Unfortunately, personnel was not able to do so, said Proffitt.

"The next day, hospital personnel again tried to draw blood but were unsuccessful, so a urine sample was obtained," Proffitt said.

The only drugs in Gable's system were the prescribed medications administered to him while at the hospital.

Gable, a convicted drug user, had just met with a probation officer and was driving to meet another one, Proffitt said.

"It's doubtful Gable had anything on him or had taken anything because (probation officials) would have detected it," Proffitt said.

At the accident scene, law enforcement, which included Proffitt and Marion County Sheriff's Department, searched Gable's car. Before Gable was transported to Wesley Medical Center, he was searched.

"(Kenneth) Barber's letter alluded that law enforcement on the scene seemed to think Gable had something on him," Proffit said, "and that just wasn't true."

Proffitt said he talked with Gable at the scene and did not detect any speech impairment or odor that indicated Gable was under the influence of alcohol or drugs.

"Gable said he thought the stop sign was one mile further south," Proffitt said, and simply ran the stop sign.

"There has to be intent (for more serious charges) and I don't think he intentionally ran the stop sign," Proffitt said.

Proffitt has worked, or assisted with, at least 22 fatality accidents in the past several years.

"I always call my supervisor at fatality collisions and did on this one, too," he said.

The two officers determined there was no need to send the KHP CHART team because investigators knew who was at fault, and calculating speed was not a determining factor.

"The investigation did not indicate excessive speed," Proffitt said.

Another factor out of the trooper's and county attorney's hands is Frances Barber died more than 30 days after the collision — making the incident a single vehicular fatality.

"I really feel for the Barber family," the trooper said. "Gable was at fault, but that does not necessarily mean he is guilty of vehicular homicide."

Marion County Attorney Susan Robson could not find just cause to prosecute Gable any more than with minor traffic infractions (citations for running a stop sign and no seat belt).

"A thorough investigation was conducted by myself and Keith Collett and we determined no other charges would be filed," Robson said.

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