Des Moines Personal Injury Lawyer - wrongful

Should drivers with macular degeneration stop driving?

Steve Lombardi — Wed, 21 Oct 2009 13:13:00 GMT

Should Paul McKinney, the driver of the fatal hit and run accident last month, be allowed to keep his license? According to the Department of Transportation Mr. McKinney is innocent until proven guilty and will be able to do just that. Scott Falb a spokesman with the Iowa Department of Transportation elaborated saying that, “You don’t revoke a license unless you have something actionable”. Mr. Mckinney is charged with leaving the scene of a fatal accident and obstruction of prosecution by destruction of evidence. Both Mr. Falb and Mr. McKinney’s sister said that he had vision problems including not being able to see out of his left eye, with Iowa Department of Transportation records showing that his vision in the left eyes is less than the 20/100 and a sister saying he has a condition known as macular degeneration.

While I agree that we should be considered innocent until proven guilty don’t we also need to take into consideration the safety of other citizens along with Mr. McKinney himself? Shouldn’t Mr. McKinney at least be required to take some sort of test to see if he is able to drive without putting us at risk? Perhaps the McKinney's could make a statement limiting his driving. The public needs to know that common sense is a part of any decision being made.

Originally posted at InjuryBoard by Steve Lombardi

Des Moines Hit and Run Update-Arraignment Rescheduled

Steve Lombardi — Fri, 09 Oct 2009 15:01:00 GMT

On August 30^th, bicyclist Mark Grgurich, 54, was hit by Paul “Jud” McKinney who fled the accident. He was arrested on the charges of leaving the scene of a fatality, concealment of evidence, failure to maintain control, and was released on Thursday on a $7,500 bond, according to the Des Moines Register, posted by Janet Rae Mundell. McKinney’s arraignment was set for today, but has been moved to October 12, in the Warren County District Court. The Register indicated it is unknown whether McKinney’s license has been suspended or revoked; it is up to the DOT officials who have not responded to this question.

This seems like one of those cases that go from bad to worse. The man on the bike will need to figure out where he's going to get insurance coverage; because the driver of the car, if unlicensed, probably has no insurance. So what do you do? Well first you look at your own insurance policy annually and make sure you have uninsured motorist coverage to take care of your own business, when the need arises. You see that's my point about uninsured and underinsured motorist coverage, it's there for you. You are buying it for you and your family and friends that ride with you. Get the point?

Originally posted at InjuryBoard by Steve Lombardi

Hit-N-Run in Des Moines ends in peaceful arrest

Steve Lombardi — Wed, 07 Oct 2009 14:57:00 GMT

Wednesday afternoon on Park Ave. around 5:30, a motorcyclist was killed in a hit and run by a SUV, according to channel 13 news source. After filling up the Ford Explorer SUV at the Casey’s General Store at 4331 Park Ave with $27 worth of gas, Santos Vidal Rodriguez, the 26 year old driver, with 23 year old brother, Orlando David Rodriguez, drove away from the gas station without paying, and hit the motorcyclist east on Park Ave. The motorcyclist was Bruce James Mundy, age 49, a father of two who lived in Adel, and a 30-year military veteran, according to the Des Moines Register. Mundy was wearing a helmet while riding his vehicle but died at the local hospital he was brought to, said the Des Moines Register.

The two Rodriquez’s ran from the scene of the accident but were later caught. Surveillance tapes from Casey’s, which captured the accident, are aiding police in the investigation. They are faced with second-degree robbery charges and many traffic-related charges from the crash, though have not been charged yet, according to the Des Moines Register.

This accident has brought to the forefront the 1999 shootout near Martin Luther King Jr. Parkway and Forest Avenue, between police and Santos Vidal Rodriguez, the driver in this current case. The shootout began after Rodriguez’s car was pulled over for suspect in a robbery earlier in the day. Police Officer Jeffrey Gowen and Sgt. Garey Bryan II who were involved in the shootout were wounded and the then 16 year old Rodriguez “lost a leg and had brain damage”, reports the Des Moines Register. Rodriguez was never tried for this offense because “Polk County prosecutors believed his injuries made him incompetent to stand trial” and would never fully recover.

After this incident on Wednesday, Santos Rodriguez was interviewed by police and said he was fully coherent.

Watch a clip from the Des Moines Register of the accident, and interview of police officer, Sgt. Lori Lavorato:

http://gannett.a.mms.mavenapps.net/mms/rt/1/site/gannett-desmoines-150-pub01-live/current/launch.html?maven_playerId=articleplayer&maven_referralPlaylistId=playlist&maven_referralObject=1274639317

Originally posted at InjuryBoard by Steve Lombardi

What caused the Birdland Marina car crash?

Steve Lombardi — Mon, 05 Oct 2009 20:11:00 GMT

Metrick Lawan, the driver of the car that crashed on September 21^st 2009 killing passenger Heaven Chumos, has been charged with two counts of serious injury by vehicle, OWI, and the most serious charge of homicide by vehicle. He arrived at the Polk County Jail Monday after spending the last week in the hospital recovering from his own injuries related to the crash, his bond has been set at $76,000. Investigators had previously said that they found no skid marks indicating that Mr. Jenkins did not try to brake to avoid crashing.

So what did cause the car to crash?

Originally posted at InjuryBoard by Steve Lombardi

Failure to Stop: What's the distraction?

Steve Lombardi — Sun, 04 Oct 2009 14:04:00 GMT

According to the Iowa State Patrol accident report, on September 17, 2009 in Muscatine County, Rhonda Levsen driving Northbound on Zachary Ave failed to stop at the 171^st St. intersection. Levsen’s Chevy Impala landed in the north ditch. This 49-year-old Montpelier resident was not wearing a seatbelt and was taken to the Ames Hospital and the investigation is still under way on the accident.

Originally posted at InjuryBoard by Steve Lombardi

Birdland Drive and Saylor Road Crash Update in Des Moines

Steve Lombardi — Sat, 03 Oct 2009 22:03:00 GMT

More information behind the car crash on Monday morning near Birdland Drive and Saylor Road has come to the for front. The woman who died in the crash, Chumos, age 32, had called her mother, Charlene Hayden, at 3:27am to tell her she was on her way home, according the Des Moines Register. Chumos was a mother of three, “Michael, 16, Noah, 7, and Samara, 4” and a full time student of DMACC, the Register noted from an interview with Hayden.

The driver of the car, Metrick L. Jenkins, age 37, was found not to have a valid license according to the Register. They also noted that:

“Online court records show Jenkins has been fined for speeding seven times and for driving without a valid license nine times. He was sentenced to 10 years in prison on a drug charge in 1995. He received a suspended 180-day sentence on a drug charge in 2000 and a suspended 10-year term on a drug charge in 2003.”

The Register noted there have been no charges filed against Jenkins yet and no interviews have been obtained from the survivors at present.

Originally posted at InjuryBoard by Steve Lombardi

Mark Becker's Insanity, What Motivated Him?

Steve Lombardi — Wed, 23 Sep 2009 16:55:00 GMT

On August 25^th Mark Becker’s legal counsel Susan Flander stated that he is unable to understand the charges against him or to aid in his own defense. According to court documents Miss Flander also stated that he, “has difficulty distinguishing reality from fantasy”, suffers from schizophrenia and has bipolar disorder. Miss Flanders has asked the court to suspend further proceedings because he’s not competent to stand trial.

While I’m sure no one can argue with the fact that Mr. Becker is obviously suffering from something, the question still remains why was Ed Thomas, the head football coach at Aplington-Parkersburg High School, the targeted victim in this case? Mr. Thomas, who seemed to be beloved by the entire community, seems like an odd target for Mr. Becker. Upon further investigation this doesn’t even remotely resemble some of the recent school shootings we’ve seen in the news. Mr. Becker didn’t seem to have any suicidal intentions I haven’t seen or heard of any random postings on the internet of rants and hate filled propaganda. Unlike the other shootings while the opportunity was there Mr. Becker did not shoot at any of the other students or individuals who were in the area. Going back to his mental state and his ability to understand the charges against him, this screams of being pre-meditated, and if it’s pre-meditated again we have to ask why?

Only time and due process will answer these questions, for now we are left to wonder; what led this young man to commit such a heinous act, what could have been done to prevent it, and why was such an obviously well liked man the target of a violent act?

For additional discussion read the previous post.

Parkersburg, Iowa and the Murder of Coach Ed Thomas – Just the Facts (Updated 06/30/09)

Originally posted at InjuryBoard by Steve Lombardi

Cause of Early Morning Crash in Des Moines Still a Mystery

Steve Lombardi — Mon, 21 Sep 2009 16:27:00 GMT

Early Monday morning a small white car crashed into a stone wall on Birdland Drive heading towards Saylor Road, near Birdland Marina, according to WHO-TV news. The Police said, Joy Chumos, age 32, died at the scene of the crash, and the other three in the vehicle were seriously injured and brought to the hospital. The driver was 37-year-old Metrick Jenkins, the other passengers were Julie Edwards who was 47 years old, and Carla Chiles, age 49.

From news source kcci, “One woman suffered multiple fractures and one woman is undergoing surgery, according to police.”

Police were notified of the accident after 4:00am, by a man collecting cans and heard cries of help. An emergency team arrived at the scene by 4:30. It is unclear exactly what time the crash occurred.

Police Lt. Mark Buzynski was interviewed by the Des Moines Register and said he thought the car might have been going too fast to make the curve. Investigators are surveying the accident to determine further information as for the cause.

Originally posted at InjuryBoard by Steve Lombardi

Newton, Iowa Crash Leaves Woman Dead as Other Driver Flees from Scene

Steve Lombardi — Tue, 01 Sep 2009 20:03:00 GMT

The report isn’t pleasant to read. The police pieced together the collision sequence but without the at-fault driver who they say fled the scene. One car crossed the center line and sideswiped a 2007 Dodge minivan being operated by Karen Finch. The Finch vehicle then lost control, struck a 2005 Honda Civic head-on. That vehicle was reported to be operated by Erica Trafford. A passenger, Barbara Purtilo of Newton, in the Finch vehicle died in the crash.

It took hours for the police to locate a likely suspect in Cambridge, Iowa. He is 47-years of age. Why did he flea? Did he flea? Who was driving? All good questions that he’ll have to answer in due time.

Originally posted at InjuryBoard by Steve Lombardi

Parkersburg, Iowa and the Murder of Coach Ed Thomas – Just the Facts (Updated 06/30/09)

Steve Lombardi — Thu, 25 Jun 2009 12:15:24 GMT

Coach Ed Thomas, 34 seasons at A-P High, 16 playoff appearances, six state title games appearances and 2 championships, in the playoffs 19 times, 4 players in the NFL, (Paul Rhoads, Brad ) He also was the school's athletic director and boys' track coach and helped dozens of student-athletes continue their careers in college. He taught social studies, taught student driving, was the founder of the towns youth flag football, an elder at the First Congregational Church, a husband, father and grandfather.

http://www.youtube.com/watch?v=hw0gxtNzV6w

Age: 58

Suspect: Mark Daryl Becker, 24, former player on football team from 2003 – 2004. DOB: 06/03/1985. (Shown on Iowa Court’s Online.) Suspects location in the days previous to incident was a Waterloo Hospital for a psychiatric evaluation. Unknown if notification given to interested parties upon release from custody.

Charges: First degree murder.

Motive: As of June 25, 2009 none yet determined. Insanity defense is a definite possibility.

Allegations: Shot dead by a former high school player.

Location: Parkersburg, Iowa in Butler County, Iowa.

http://www.youtube.com/watch?v=nTrKR08sptE

School district – Aplington-Parkersburg High School the Falcons

Victim: Ed Thomas

Location: Red building just off the football field used as a weight room.

Witnesses: A room full of high school football players.

Coach Thomas NFL Success Stories: Named the NFL’s 2005 high school coach of the year, Ed Thomas amassed a 292-84 record and two state titles in 37 seasons as a head coach—34 of them at Aplington-Parkersburg. He coached several players who went on to the NFL, including Green Bay Packers linebacker Aaron Kampman, Jacksonville Jaguars center Brad Meester, Detroit Lions defensive end Jared DeVries, and Denver Broncos center Casey Wiegmann.

Speaking for the family: Aaron Thomas

http://www.youtube.com/watch?v=cqONlFliaNo

Significant Current Events in Parkersburg Area: Tornado – The EF5 tornado destroyed 200 homes and caused more than $100 million in damage on May 25, 2008. Six people from the town died in Iowa's deadliest tornado since 1968.

Tornado destroys Parkersburg, Iowa home

http://www.youtube.com/watch?v=BiHJ5J7ulOU

Iowa DCI – Kevin Winker, DCI Assistant Director, contact information on DCI website home page, including telephone numbers. Mailing address is Iowa Department of Public Safety, 215 East 7th Street, Des Moines, Iowa 50319. You can sign up for DPS email notifications.

Local Law Enforcement: Parkersburg Police Department, Chief is Chris Luhring,

Directions to Parkersburg Police Department and the contact information is phone: (319) 346-2422 and fax: (319) 346-2262 and 505 Coates Street, Parkersburg, Iowa.

Driving Direction GPS Coordinates: 42.577324 -92.787399

Parkersburg City Hall: Phone: 319-246-2262 CITY HALL, Clerk - Gary Hinders

Assistant Clerk - Jan Thomas Phone 319-346-2262 fax 319-346-2114

Email: GHSHinders@yahoo.com

Parkersburg Government Website - http://www.parkersburgiowa.info/contacts.php

Parkersburg Economic Development - Virgil Goodrich, Director
608 Hwy 57, P.O. Box 489, Parkersburg, IA 50665
Phone: 319-346-1023 Fax: 319-346-2114
Email: pedofc@mchsi.com

Parkersburg Demographics –

Zip Code – 50665

Zip code population (2000): 2,950
Estimated zip code population in 2007: 2,888

Ancestries: German (57.2%), Dutch (7.1%), Irish (7.0%), English (5.3%), United States (5.2%), Danish (3.9%).

Current Local Time: AMCST time zone

Incorporated on 12/7/1874

Elevation: 998 feet

Land area: 1.14 square miles.

Population density: 1618 people per square mile

(low).

Police Station Address: 505 COATES STREET, Parkersburg, IA 50665

County: BUTLER COUNTY, IOWA

Butler County Courthouse, 428 Sixth Street , P.O. Box 307, Allison, IA 50602

Telephone: (319) 267-2670 Fax: (319 ) 267-2625 E-mail: strepp@butlercoiowa.org Butler County Attorney’s Office Butler County Courthouse 428 Sixth Street P.O. Box 307 Allison, IA 50602 Telephone: (319) 267-2521 Fax: (319) 267-2521 Email: attorney@butlercoiowa.org Hours: Monday through Friday from 8:00 a.m. to 3:30 p.m. except Fridays then till 10:00 a.m.
Court Schedule
	District Court:	Alternating Mondays
	Magistrate Court:	Wednesday mornings
	Please call 319-267-2521 for an appointment when possible Iowa Courts Online – Engage the “Start A Case Search Here!” button. Then go to “Case Search” under Trial Court. Then enter last name and first and middle name or initial.

Community Support

http://www.youtube.com/watch?v=FnZYwTg2NB4

News Sources:

The Des Moines Register

KCCI TV-8, KCCI Kate Ward reporter along with Andy Garman

Iowa Court’s Online – Mark Daryl Becker, DOB: 06/03/1985.

Significant Events Reported by Register:

June 25, 2009

The EF5 tornado destroyed 200 homes and caused more than $100 million in damage on May 25, 2008. Six people from the town died in Iowa's deadliest tornado since 1968.

Thomas remembered as 'a good coach, but a better role model'

Thomas draws many fans to vigil, June 25, 2009

Photo: Parkersburg vigil Wednesday night, June 24, 2009

Statement from Thomas family on the death of Ed Thomas, June 24, 2009

Ed Thomas shooting: More about suspect Mark Becker , June 24, 2009

Ed Thomas shooting: More about suspect Mark Becker, June 24, 2009. Includes mug shot, no. 3698.

Breaking news: The latest updates on the Ed Thomas shooting, June 24, 2009 – contains a time line

KCCI-TV-8

KCCI 8 Video of High School Coach Shot by Former Player

( http://www.kcci.com/video/19849519/index.html )

LIVE VIDEO: Coach's Son To Talk At News Conference ...starts 4 pm June 24, 2009

Jun 24, 2009

RAW VIDEO: News Conference On Coach's Shooting

from KCCI.com - Local News

School officials and law enforcement talk about a shooting at an Iowa high school.

June 29, 2009

Rivalries set aside as Coach Ed Thomas is laid to rest

"Coach Thomas's son Aaron said it best. Coach Thomas would want everybody to move on. Mourn for a while and then move on, and I think that's what we and everyone else has to do," said Betts."

Boston Herald, Thousands attend funeral for Iowa football coach, June 29,2009

KWWL-TV-7

EXTRA: Transcript of Thomas Funeral

CBS -

http://www.youtube.com/watch?v=X4-PQBf4BmQ

Legal Issues:

Criminal Issues to Consider:

Venue of any criminal trial – Will the defense move for a change of venue due to pretrial publicity.

Butler County Courthouse

Prosecutor – undetermined.

Defense Lawyer - undetermined.

Insanity defense – Will it be asserted?

Civil Issues to Consider: What duty to warn does a psychiatrist, doctor and law enforcement official have to a likely targeted victim of a violent act?

Caveat: All information comes from major news, government or other recognized online news sources and has not been independently confirmed or verified.

Originally posted at InjuryBoard by Steve Lombardi