# 03/05/04 fatality. ROW Flagaman, Poughkeepsie, NY



## treeman82 (Mar 5, 2004)

*03/05/04 fatality.*

It just happened today, so most likely I won't be able to find anything published until tomorow. 

Up on Rt. 9 around Poughkeepsie somewhere, Lewis tree service had a crew working on the side of the road. 1 of the flaggers was hit and killed this morning by a truck driver who was in a rush to get to work. The truck he was struck by was a pick-up from my understanding of things. There were a bunch of cars stopped for the flagger, but the driver of the pick-up decided to go around the stopped vehicles and in doing so hit the flag man.


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## treeman82 (Mar 5, 2004)

Found it. Flagman hit by truck dies
By LIZ SADLER 
THE JOURNAL NEWS 
(Original publication: March 5, 2004)

A flagman who was struck by a pickup truck Feb. 20 while he was directing traffic for a tree-cutting service on Route 9 in Philipstown died yesterday at Westchester Medical Center in Valhalla. 

Glenn Gregory, 47, of Poughkeepsie suffered broken bones and massive internal injuries, said his longtime companion, April Crom-well. Autopsy results were pending yesterday, the Westchester County Medical Examiner's Office said. 

Gregory was directing traffic for Lewis Tree Service just south of the Route 9 intersection with Indian Brook Road when he was hit by a 2002 Ford pickup driven by David Olivieri, 36, of Wappingers Falls, police said. Olivieri, who police said passed a line of cars stopped for the branch-clearing work, was charged with a traffic infraction. 

The state trooper who was investigating the crash could not be reached for comment yesterday to see if more serious charges might be lodged against the motorist. 


http://www.thejournalnews.com/newsroom/030504/b03p05flagman.html

I think I heard tonight on the news that they are going to be charging him with more severe crimes.


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## Lumberjack (Mar 5, 2004)

That sounds bad.


I heard some statistic that says that in road construction (I know there is a diff) it isnt the construction workers that get killed, its the drivers.

Sounds like a possible lawsuit or criminal charges.

Sometimes we need to just slow down and see the whole picture before going on.


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## John Paul Sanborn (Mar 5, 2004)

The guy driving the truck probably is in debt to his eyeballs and nothing to sue for. Maybe an insurance settlement.

He should do some jail time and lots of comunity service cleaing up invalid bedpans and the like. 

Just before I joined the Chemlawn tree crew a groundie got clipped by a U-Haul going 45-50 in a 35 while the driver was reading a map. Main inner city road too.

(Sherman by Grant Park for you local people) 

He knocked over two cones and clipped the guy who was opening a side box on the chip truck for saw gas. He just got bruised badly getting thrown under the International.

Sometimes you can cross all you T's and still get whacked. The only other thing the crew could have done is have someoen watch the road whil the other guy got the stuff out of the box. Might have been able to yell "JUMP".


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## Lumberjack (Mar 5, 2004)

> _Originally posted by John Paul Sanborn _
> *He should do some jail time and lots of comunity service cleaing up invalid bedpans and the like. *



That sounds fitting. Possible judgeship after you retire from trees?


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## TheTreeSpyder (Mar 6, 2004)

i've had them run over cones, drag'em; not even bring'em back; seems that if there is debris next to the cone, that is less likely to happen, as they care more for dem cars, than the people working.

Also got in trouble, standing back from road, slanting stop sign on long pole over road, cuz one guy figured out i would drop the sign on expensive windshield and paint job rather than let him run through and complained to boss, even when he had been in a hurry before; i was the one not playing fair he thought.

 Gee, i wunder where he got that idea!  

He didn't even see me earlier, with sign cocked over shoulder, actually threatening to whack some other car, as i was pointing to the werking men; screaming "you don't see them?"


That is a tragedy TreeMan; people working by the road, need increased radar like riding a motorcycle; cuz there are blood hungry monsters out there and "They're coming to get you _Barbra_ ..........."


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## NeTree (Mar 6, 2004)

I think a vehicular manslaughter charge is definitely in order.

Sincerest sympathies to the family.


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## Dadatwins (Mar 6, 2004)

Unless the driver is charged with manslaughter the traffic ticket will be useless. Until the system starts to punish drivers like this with serious jail time this type of incident will unfortunatly continue.  My condolences to the victims family and the work crew that had to witness the tragedy.


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## NeTree (Mar 6, 2004)

I'm not sure if manslaughter is appropriate.

He made a deliberate and conscious decision to go ahead; I believe that makes it vehicluar homicide- a murder.


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## John Paul Sanborn (Mar 6, 2004)

He made the desicion to go around, that makes it criminal negligance, but there was not intent to kill. The intent is what separates manslaughter from murder.

If i were the DA I would "pile on" the charges. Was he driving on the shoulder? That would be another one to add.

Jail time may not be all that good, then he is just someones girlfriend. I'd say work release and garnished wages to to help support Mr Gregory's family.

BTW does anyone know if there are kids? A donation fund run by a bank or reputable organization?


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## treeman82 (Mar 7, 2004)

I don't know anything about the Putnam County DA. I know a bunch about the Westchester County DA (Jenine Pirro) but she doesn't have any power up there.


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## topnotchtree (Mar 8, 2004)

Michigan recently passed a law that if you kill a road worker you do mandatory jail time. I have been there and I hate working along roads. Loss of life in that manner is a ????ed shame. My thoughts are with his family.


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## dbeck (Mar 10, 2004)

I used to work for a utility construction compoany - always on roadsides. One day as the day was winding down, a coworker was leaning against a barricade smoking a cig...car was coming along @ 55+ mph...he was arguing w/ girl in car...coworker looked up just in time...he dove for the ditch as the car wiped out the barricade and kept going. I may not know much, but it is my understanding my coworker would have been mush. MAkes you wonder if that driver even noticed he almost killed a man.


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## treeman82 (Dec 15, 2005)

I heard through the woodwork that the driver of the truck actually got away with his crime. Either no charges were filed, or they were dismissed. MAYBE some fines, but otherwise no jail time.


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## Dadatwins (Dec 15, 2005)

treeman82 said:


> I heard through the woodwork that the driver of the truck actually got away with his crime. Either no charges were filed, or they were dismissed. MAYBE some fines, but otherwise no jail time.



Very unfortunate, another kick in the a$$ for the family of the victim, my condolences again for a truly avoidable incident.


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## J_Ashley (Dec 16, 2005)

It's this sort of thing that makes me nervous when mowing-trimming along the road. There's too many blind idiots out there to watch out for. Even when YOU are prepared, it's the other folks that cause the problems.

I feel for that man's family. God bless them all.


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## turnkey4099 (Dec 16, 2005)

John Paul Sanborn said:


> He made the desicion to go around, that makes it criminal negligance, but there was not intent to kill. The intent is what separates manslaughter from murder.



Not quite. Wa for one and I have heard there are other states where killing someone through reckless driving/endangerment can get you convicted of murder. WA has at leat one DUI that is serving time for murder 1. He was way over the limit. both alcohol and speed wise, on city streets. Ran red light, t-boned one car, went airborne and landed on a second killing at least one person in that car. Ruling was 'reckless and egregious disregard for the safety of others' or very close to those words. I believe there is one or two more since then also sitting out murder convictions.

Harry K


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## trimmmed (Dec 16, 2005)

treeman82 said:


> I heard through the woodwork that the driver of the truck actually got away with his crime. Either no charges were filed, or they were dismissed. MAYBE some fines, but otherwise no jail time.



Yes he did, no charges were even filed. All he got were 2 moving violations. 

http://www.pcnr.com/news/2004/0225/Front_Page/063.html


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## canguy21 (Dec 18, 2005)

I don't get it. Can the D.A.appeal? Here the fine doubles for speeding through construction zones and blowing past emergency vehicles gets an appearance in court. In fact the penalties are increasing. I have worked as a flag person and it has to be the most dangerous position on the crew.


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## BlueRidgeMark (Dec 19, 2005)

trimmmed said:


> Yes he did, no charges were even filed. All he got were 2 moving violations.




Time for a wrongful death suit. It's not enough, but it's better than a couple of tickets for killing someone!


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## trimmmed (Dec 19, 2005)

That, I'm sure is in the works. One benefit of those "traffic tickets" is the guilt, that they establish. Hopefully the guy has assets.


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## clearance (Dec 20, 2005)

Very sad. So glad that I don't work by the road anymore, no end to the scumbags of all races, sexes, income levels who think that thier time is more important than your life. When people run over cones and you give them the finger they look at you like you are the a-hole. My buddies girlfriend was flagging for a road crew in downtown Vancouver when a guy in a pickup hit her shoulder with his mirror and knocked her down. His way was blocked by a dump truck, thats why she was trying to stop him. The workers dragged the guy out of his truck and beat him good, broken nose etc. The cops came and arrested him and towed his truck away. Perfect!


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