No Justice for Local Roadworker Killed Doing His Job

An accident much like what killed an Oceana Co man and his daughter happened in the latter part of the summer up in Manistee County.  Unlike in that case, where an elderly truck driver left the side of road and struck the two pedestrians lawfully on the shoulder of that road, in Manistee an elderly car driver drove across the center line and struck two road workers doing their job inside of a construction zone, according to the Manistee County sheriff.  One died, the other had serious injuries.

At the time, speed was thought to be a factor, but it really hadn't mattered in my estimation, because I noted:  "When a car crosses the center line, goes through construction zone territory and strikes road workers, that could be a very serious offense even without speeding."  And it is, but being that this was Manistee County, the workers were from Mason and Oceana County and the driver was from Manistee County, I figured that there would be no justice for the two workers.  This is the same county where the prosecutor conspired with city officials to block release of all records involving the police-involved shooting of Lee Pat Milks.  

I wasn't wrong.  Only 255 days after the incident, Manistee County Prosecutor Jason Haag (in action, above) finally brought charges against the driver of the vehicle, who we now learn is 57 y.o. Charlene Myers of Bear Lake.   Myers is charged with two misdemeanors: moving violation causing death and moving violation causing serious impairment of bodily function.  The former is punishable by imprisonment by up to no more than one year, or a fine of no more than $2,000, or both.  The latter is punishable by imprisonment for no more than 93 days, or a fine of no more than $500, or both.

She is thus being brought up on charges that have a maximum punishment of 15 months in jail and $2500 in fines.  Pretty easy for a life and a half of two road workers hit in a road construction zone hit either by her crossing the center line and/or speeding.  What about all of those signs that you see along the work zones that warn you of 15 years and $7500 fines if you strike and kill a worker in these zones?

Prosecutor Jason Haag has decided that those don't apply, he hasn't even divulged whether she was speeding when she took a life and marred another permanently after leaving her side of the roadway to do so.  Perhaps if the prosecutor spent less time in his other corrupt pursuits, he would have looked at the applicable law here MCL 257.601(b).  It says:

Section 2)  A person who commits a moving violation in a work zone... and as a result causes injury to another person in the work zone is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both.

Section 3)  A person who commits a moving violation in a work zone... and as a result causes death to another person in the work zone is guilty of a felony punishable by a fine of not more than $7,500.00 or by imprisonment for not more than 15 years, or both. 

Andre Alvesteffer  (pictured left in his work gear) was killed in a work zone, Damon Williamson, his friend and fellow alumnus of Mason County Central, was airlifted to Traverse City.  

The only thing protecting someone from those charges is if the injury or death was caused by the negligence of the injured or deceased person in the work zone, which wasn't the case.  According to the reports, this happened inside what was legally a work zone.  Just in case you think that could be a mitigating factor as to why the prosecutor is giving this roadworker killer a slap on the wrist for her action.  

This is a slap in the face to the families and friends of these dedicated workers, killed and critically injured in the course of their duties, who see the prosecutor arrive nearly nine months late to the table and go after token punishments.  

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Replies to This Discussion

Does the court record say what caused the accident? There must be a reason why the sentence was so lenient.

Any good prosecutor typically pads the charges at an arraignment so that they are able to negotiate a plea deal, here that didn't happen, and it should have if he wants to send a message to those driving to give a wider berth for roadworkers.  Now a plea deal will likely be reached with these already soft charges, that will probably amount to no jail time and a much too small fine.  

Hit a roadworker and face 15 years in jail and a $7500 fine?  Not in Manistee, you can hit two and pay a lot less than it costs for the body work needed on your car. 

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