Transportation, Technology & Legislative Affairs - Senate

In committee to order and first thing we have to do is adopt the interim study 212021115 in the Senate transportation committee with someone I'm. Motions and second my. Senator English all in favor say aye. All opposed Like sign all right members we want to welcome miss Jessica Witt Whitaker is our new analyst the we have a long term analysts is a stale and and I'm pleased to have Jessica with with us here today and this interim study is it's is a discussion point upon the penalties for on moving violations in highway work zones and that we have some some guest here today to give personal testimony and. I would like to give a. The representative Charlene Fite a moment to to begin this discussion because she had the bill and then they had some rules that we had to pull it to the Senate transportation committee to have this hearing today. The. Go ahead representive. I appreciate the opportunity to be here one of my constituents contacted me quite a few months back and one of her relatives had been hit and killed in a work zone so this was an issue very dear to her heart and she asked me to start working on it so I met with staff and started this interim study in that process I discovered that representative Gazaway was also working on this issue so he and I combined forces we think we're stronger together so we're both working on this my witness was not able to be here with us today due to the ice. In Northwest Arkansas but she has prepared her testimony I printed it and have it to hand out to committee members so I appreciate this opportunity this is a starting point as we said this is not the finished bill is going to be tweaked improved made better I hope all of you will give us input into ways that we can make this better because our goal is to have what happened to you not happen to anyone else thank you. Thank you representative fat the this handout is from rocks and Howard and she's from Van Buren is does all members have a copy of that testimony. Thank you and representative Jimmy Gazaway thank you have some some folks here to help testify. Yeah absolutely if you want to go down there with your witnesses. Member all the non members the if you hadn't signed up please sign up if you want to speak on this issue. If you're not with such a representative Gazaway so we can you have those names and pretty quickly thank you. Go ahead representative Gazaway thank you Mr chair Committee today I have with me 2 families who have been impacted by deaths that occurred in a work zone these are families that reached out to me prior to this the fiscal session beginning of both last year we had reached out to me I have a family of Brendan burns and Brendan was killed in a construction zone between light and Walnut Ridge so in senator Johnson's Senate district in just outside of my house district and the burns family reached out to me and met with me at my law office in Jonesborough and we talked about the work zone safety and and all the issues that surrounded that everything from what we can do to improve workers on safety to the criminal justice system to the kind of penalties that are imposed upon someone who causes injury or death in in a work zone and I will tell you that I filed a bill during last regular session on this issue. Trying to address penalties against someone who causes serious physical injury or death to someone in a work zone I filed that bill at the near the very end of the session so we didn't I wasn't able to to make it out of committee or or to get a vote and there was a lot of discussion about how we should handle that I think that's one of the things that we should look at when we study this issue is how should we impose enhanced penalties upon someone who causes physical injury or death to someone in a work zone I think that we should I think one of the questions that we need to look at is how exactly do we do that do we do that and as soon as some of you may recall there was a big issue last session that involved enhanced penalties. To take early with the hate crimes bill some of you may recall and so there was a lot of debate going on about how we should whether we should enhance penalties and if we should do that how we should do that whether that's to affect someone's parole eligibility if they are sentenced to the penitentiary which is the bill that I filed whether we should just up the minimums not the maximums those are things that we should look at also and then I was also contacted by the brave field family Preston Bray field was a young man who did not live in Arkansas that was working in Arkansas in Poinsett county near Tyronza and he was a contractor working in a work zone and tragically was killed by someone who I think was believed to be under the influence. And his family is here today to give their story they contacted me because I used to be the prosecuting attorney in Poinsett County and they thought I think I was still the prosecuting attorney and they were contacting me to try to get some justice in that situation and I had a telephone no longer the prosecuting attorney but I am a state representative and to the extent that I can help you I'm going to. And so they're here today and they they're here to share their story with you and so I think that this is a this is a very broad issue from how do we actually improve safety in the work zone to how we deal with victims families who are left behind or those who were injured in a in a work zone and then how we treat offenders who would cause serious bit physical injury or death to someone in a work zone so I think those are all issues for us to look at in a minor to have these families here with me today and Mister chair when its appropriate I'd ask that they be allowed to join me to accounts table. There any questions for representative Gazaway. The. Seeing none let's begin with Jackie burns. Are you want both of them and same time and when we would to start with the burns family okay. And and that there are 3 members of the burns family here and they can all be allowed to drive a work for you just bring in another chair. Okay. If if if you all would just state your names so members can can. Knows who everybody is so. Before we get started. Tahnee Barnes Bateman. Brenda burns. Actor Jackie burns. Thank you all for being here is there one that would like to begin. Thank you okay go ahead. Okay I'm that they can't to Brendon. Brendan. Supposedly it was a successful suicide. Is what the woman that hitter in Kilner said. Which was also messed up one drugs. Not just her medications but she was messed up on someone else's medications. And. She tried to play. The. Mental ACT she. When we went to court she said during called. My sister on a liar about things she had no remorse she said she had no remorse. Because it was a successful suicide. She hit my knees were moneys had her back turned. She got 9 months out of it. She never once said she was sorry to my family which actually probably could help the family little bit if you just said sorry my family didn't ask her for her life. They asked for one year in prison to give her time to think about what she'd done. And a felony she didn't even get that. She got 9 months and a misdemeanor 6 months or 6 my and that's the one thing she was worried about why she was in the court room was is. That could serve already is an account for me. And how time she said over there every time my sister in law said sentences checker and now that wasn't right we read all the forms we read everything she had said to the medical doctors everything. She said there I don't know how this stuff got into my system I've never took this test will garner system because she took it. And we can probably. You can read a little bit better if it in her medicine and some would have messed up. And hatter. You know stick or something like that. That would have been a little bit easier to handle but she it took someone else's medications. So that's one thing that we believe. The need to be taken care of is this. Someone is drinking or they're taking a medication or drugs there needs to be more penalties on that I said we didn't ask for her life in jail we ask for a year. In a felony she didn't get either of those. The prosecuting attorney. They talk to me more than what they did the rest of the family because I was one was stay more calm because I can't tell my brother you gotta stay calm you got a stick on you gotta let the law handle. So they can't call me because he was getting upset and I understood that he was going to I've lost 2 children I know how that feels. They were going through a tough time he was angry I understand that but I kept telling you gotta stay cool. So they they kind of played me like a fiddle. Because I was one being calm. They ended up. Tell me that they were going to. Go after you get this get that get this they didn't they work. For her side. In for them not S.. At 1.they tried. To say that because he had gotten angry at them and tell them now this is not going to work and try to set up were. He would the office would get arrested. At a meeting. So we had him not go to the meeting. Because we knew that's what was gonna happen that's not working for our family that was working for the other side and all we were asking is them to please do something. So that's one thing it needs we work on a bill. Is that these people get something done and I'm not saying take their lives because sometimes things happen I I realize that we didn't ask for her life. The other thing. Is that we need safety out there for these workers. The lights I know some places a change where they're having the red lights green lights stop in for these workers that which is good. I think also police need to be around watching more for these people. Because it you know. Maybe something could have been done more for her I don't know. If something like that would have been out of that time. Because some of these independent workers they work and they come in there and they don't have that stuff like the state is doing all some places but they need something to kind of protect these people. And. When. Something like this does happen. The families need to be listened to. It don't it don't need to be slapped that lacked the family is nothing like it was done to us and I know was done to this other screen here because I remember their story right after it happened. Is not right. And. If it were 20 U. and it was your son your daughter your grandchild. Husband wife. You'd be going after that person to do everything you could you have every way of law you could get after them. Like I said that's all we're trying to do is get a little bit of justice we were not asking for her life in prison it was a little bit of time to get her to realize what you've done. And they slapped us in the face she got a slap on the wrist we got a slap in the face they go by her grade every day. Because it is right by a role where they have to go home and I see her great my brother stopped by there every day. And I know he's having a hard time with it. As and realize what will happen every day. Analysts do it everyday I know how that feels. Because like I said I lost 2 kids and I know what he's feeling every day. And he's angry. Mary Beth Irvine and I understand that innocent you Mr everyday because he knows what happened to his daughter. And. Somebody needs to work for us on this stuff. Or for another family. Like I said the prosecuting attorney's slapped us in the face. They made me look like an idiot tell my brother you need to calm down you need to calm down. The law handle it because they slapped him in the face. I thank her mom in the face. Her sister cannot even hurt she was killed when her sister's birthday. Her sister does not even celebrate her birthday anymore does not anyone here Happy Birthday because she feels the of the. And I do ask that you guys look into this about what can be done to people like I said someone can be on medication and some can have I understand that but one is a legal. Are there on someone else's medicine or they have a open container and they're doing something that's totally different. And then the prosecuting attorney's. When all the. All the evidence one of the wreck happened was shown that like Mary Beth was totally out of. Everything whenever she got stopped by the police and they still done nothing to our that. This is nothing. They know nothing. So that's also something needs to be looked at is what the prosecuting attorneys are doing. And I just asked you guys look at that and the safety out there when they're on the road you know the lights and things like that that helps and maybe the place being out there every so often to check and things that can help save some of these people live in the fines we're going to find because I know Missouri they've got the fines. Just please look at that and see what you can do about that. I think it's right for the families and stuff. Thanks. Thank you Tony. One question. What would be our I mean I'm sure you look just ripping of the R. Max own minimums at this time and is manslaughter prosecuted in those cases and. Prosecutors are elected positions. So those are things that you can we can have a locally you know I mean if you have disagreements with prosecutors on how they handle situations those lead prosecutors have to be elected the deputy prosecutor server under them so if if you will. Tell us kind of what the what the range would be it in the sport work orders owns possibilities sure so when you have a death like the burns family has experienced involving vehicular type death typically there are 3 charges that prosecutors going to look at negligent homicide which is the lowest level homicide offense that we recognize in Arkansas law negligent homicide is a class A. misdemeanor okay in a Class C. misdemeanor carries up to but not exceeding one year in the county jail and a fine so it sounds like and I think I recall in this particular case that's what the prosecutors ended up going with was misdemeanor negligent homicide now you know that's a prosecutorial decision prosecutors have a lot of discretion in Arkansas I can't I don't know all of the details about the case I can't tell you why they chose to do that but some other charges that would have been available to everyone yes manslaughter and so for instance I had a a vehicular homicide case that I charges manslaughter rather 2 deaths when I was a prosecutor I got a conviction on both of those and you know the distinctions are you with negligent homicide you you have to show negligence which is just a deviation from the standard of care that a normal person would use under the circumstances now. For criminal negligent homicide you have to show that it was a gross deviation from the standard of care that a normal person would use under the circumstances so sounds like that's what they they did in this case if you charge manslaughter which is a Class C. felony which carries up to 10 years in the penitentiary you have to show reckless conduct okay and that is a little bit higher standard the negligence recklessness but I will tell you on a manslaughter charge for instance the maximum is only 10 years in the penitentiary and I thought this was a problem in the criminal justice system for a long time because manslaughter where you have a death the maximum being 10 years in the penitentiary it is a 16 parole eligibility crime which means if even if someone gets the maximum sentence on a manslaughter they're likely going to be eligible eligible for parole and I've seen it and be out of the penitentiary in just a little over a year. And you know that that can certainly my opinion resulted in miscarriage of justice and so I think that's probably something we need to look at. And then you have a felony negligent homicide which is a Class B. felony which is charged in instances where there is it proof of intoxication at the time of the offense and so a class B. felony carries up to 20 years about that I think the parole eligibility on a felony negligent homicide is still just a 16 parole eligibility so even if you get the maximum sentence of 20 years person's gonna be eligible eligible for parole in 16 of that which is likely just a little over 3 years so you know again I filed a bill last session to affect parole eligibility on deaths that occur inside a work zone not whether that's the best way to handle this or not I'm not sure but I do think you know certainly when you hear from families like the burns family in the break you'll families back here here from in just a minute you realize that these are serious situations many of these employees are employees of the state not all of them are in so in the break fields. Situation that their son was a contractor but many of these are employees of the state they're working in very dangerous circumstances and we need to let people know that. When you go through one of these workers on need to be extra careful and you do pay extra attention because you're you're in a very. Area situation when you go into these work zones we have state employees are working there and because physical injury or death they're gonna be looking at some pretty serious penalties and so I think that's what we need to look at as a legislator legislature. Senator Pitsch is a question represent Gazaway I know we've got representative Maddox and I think we might have another couple attorneys in the room. But you've just identified 3 levels and I would think at least you would get off the bottom level if there was proof of illegal drugs in the system are we dealing with the situation where the law needs to change or where we need to implement more rigorously the law because I would think you would get into the level 2 and level 3 I'm not an attorney I'm an engineer but if if a driver has taken illegal substances and take someone else's life that's got to be above the the basic oops I didn't see you and I. You know had an accident because that's a that's an action taken by one of the parties I would think and I would assume what you described. Parole violation aside I agree with your bill and what I voted for or did go forward I'm sure. But I wanna make sure that the law that we have is right we're not dealing with the misapplication whether that's the local law enforcement not checking for the illegal substance or what so can you comment to that sure I think there a couple of issues there you know number one any time you have a death in a work anytime you have a death on the roadway they're supposed to be a blood draw and it typically is for everyone involved you know I can't say in this case with that was done or not I don't I don't I don't recall the specific facts but the so your career right I mean we have a we have good laws that are currently on the books NO a class A. misdemeanor negligent homicide it should be a pretty rare charge I mean it's just going to have to be someone who really wasn't acting that too much out of the bounds of normal behavior you know to get that kind of misdemeanor negligent homicide charge but we do have manslaughter you know again which is a C. felony carries up to 10 years in the penitentiary and then you have the felony negligent homicide which carries up to 20 years in the penitentiary so we have laws on the books that would address these situations and specifically the statute on felony negligent homicide the deals with the situation where you have a person who is intoxicated at the time that they cause the death so you know if there were proof of that in this case that's likely what should have been charged and so what you'll have is again you have a you have a lot of prosecutorial discretion in these cases and I'm not trying to second guess the prosecutors are because I don't know all the facts of the case but. You know I will say. You know we need to you know we need to hold our prosecutors accountable when you have a situation like this if if these facts would have justified her charge the prosecutor's of charge that that's my opinion and again not knowing all the facts the case I'm not trying to disparaging anybody I don't know. You know the intimate facts of the case but if those facts were there then it should just buy the house chores that we have well obviously feel very sad for the families in this situation. The scenario though I feel like is that if in fact we know there was drugs in the driver who caused the accident. I totally agree that the 10 year down to one sixth of that is an appropriate we've got probation issues well documented that we as a legislative body need to write new code for if you will but if we have a code that somebody who's intoxicated taking the wheel and causes the loss of life the losses are supposed to be at 2 or 3 levels up in this one only went to one as you said there are they serve as an elected official. The didn't help the family and I feel terrible about that but at some level I would like you I'm under the understanding there's blood taken any time there's an accident from all parties involved and maybe there wasn't in this case probably should have been and it looks to me like what was described in detail here should have easily taken them beyond just the one year in year out 6 months later if in fact there were drugs in the system which you know you know there's always 2 sides to the story but I believe our testimony that there was so I I just I need a legal mind to tell me what I'm looking at here sure I really weigh in and it looks to me like a misapplication at some level and where that took place I don't know. Without knowing all the facts of the case that you know it again all the very intimate facts of this case it's hard to make that determination we don't have the prosecutors here to kind of know their side of maybe why they did what they do and why they didn't do certain things so I think that's kind of hard for us to say today. But I think one of the big take aways and we have Brandon's parents here have and I would like to say a few words but I think one of the big take aways is is that you know we need to make sure that we have the laws in place that the parole eligibility is or R. where the we we need him to be because you have real families who are affected when these situations happen and these are very dangerous situations when you have people I don't care if you're completely sober if you're driving through a work zone you're in a dangerous situation so we need to look at that treating that a little differently than maybe how we treat everything else. Render in Jack you want to make a joint statement you're welcome to to do that however you however you wish and if you need a moment to compose yourself you're welcome to that also no handshake that you're recognized thank you so much you know with miss when when she went through that site that works. I need to and that they did find 3 different drugs in her body that was not hers thank for prescription drugs. That were hers she like my sister in law said she didn't know how this got in here well you know the normal average thank in person is gonna know how something like that gets in their system. Now when she struck my daughter. She through machine. Through my daughter 50 feet. After she struck her. From behind and then my daughter. Entered another side of the road she rolled for 52 feet. They shattered. My Baby she shattered My Baby she brought my baby to pieces. When did not stop according to witnesses Mister when did not stop until she had already struck greeting. And she stopped 211 feet. And that's when she came to a stop breaks FOR never hit. In 2 years the impact happened. With the with the drugs that was in her system I feel like you know I was more or less told these arch street direction of these are prescription when you know the word hers. There should be more consequences for stuff like that. You know in this is the one thing that I stress the most. I'm not out to ruin that woman's life like she ruined ours. Her 3 children. Connor. H. 19 Colton age 16 in Dallas age 11 they live with us. We take care of them just like they're ours. It took so long to make. My happy. In in get their lives back on track. You know we need for now you know there are still signs of things that aren't right. But there and they know we're there for them. They do Mr rather very seldom will they talk about the matter. It's too hard. The middle one he used to run outside and just hide I need to go hunting up. Anyone face any thank. But they know there's so much love from Jack and 9 in there always has been with our free. And I want to express they with the things that she had in her system. To me illegal drugs. That shouldn't be near she was impaired all please reports say so. Slurred version did want to talk about the accident care less care less in court room justice Mrs Rossi and. I was screamed at by the prosecution in my on the phone one day he called he tells me he screamed at me what do you want me to do. Ms burns at work that was my first time that nobody was on our side. That no one had any sympathy. There's got to be more to it than okay let's list rush through this and get this done so we can go on to something else and that's exactly how I. In how I feel today. The law for this stuff should be greater than what Mr Wincott she still. She she's not. Patey restitution or anything they wanted her to pay for orders funeral. You know how sickening 90 is. Would you point the person. That killed your child to pay for it. I need a total I don't want that to happen. She was told to pay restitution to the children. Which we the money doesn't matter it doesn't bring our daughter back it doesn't bring their mother back it doesn't bring the system back. But that that was a slap in the face I feel like somebody kicked me right **** and I told the judge. I said. You stab me in the heart why would I want her to do that. You know. You get to poke with P. and I get stabbed in the heart. When I brought My Baby home. She was. 5 pounds 14 ounces 14 inches long she was just a little thing. I'd set her in these hands right here. Cup is a it's that that baby didn't hear. And that's what she is to me My Baby. Someone that did not take heed to what was going on out there. Rush to their. Either she didn't know what she was doing are these drugs impaired. You know whatever the case may be they could keep on saying really resist man she's changed her story 1000 times but the thing is she would she can she can look at a con when you hear a construction site do you not see all that orange. Do you not see people flagon bring and love their job out there is one the few jobs that she had the last few years that they she really looked she enjoyed it she felt like as being a flanker she was protecting people. Does she work with but she was a protected. I don't know what the answer is. You know sometimes I think well maybe they should extend it down the road don't you just come rushing appointed extended wait wait from these people who are working. Because when you're driving and you come up to a construction site or the roll workers and what have you out there it seems like it just comes right up one year and then everything's right there maybe we should start extending that. Making it further down the road to give people time to slow down but signs out there that tells is that we need to reduce our speak to this. Because who wants their baby. Not under in 2 feet down a road in broken apart. Toucher. Like my sister in law said. She died on her sister's birthday. You don't have my youngest daughter told her sister she was pregnant she put the ultrasound picture in the casket. This is what it stood as. Is made is sad is made is broken. We think about it from the time we get up in the morning. In till the time we go to bed at night. I think I hear her say bomb. It's not her issues. Something in night that makes B.. I wish I could reject her eye doctor. Adopter like Tony said we dropped by her grave every morning to work every night coming home. It does it thank you. After a while you quit crying do you realize your heart breaking part. Little bit by little bit. I'm not here to make you all feel sorry for me or anything like that I don't want anybody. In this world. I feel what I feel inside. You have moments when you can think of other things and do other things. That is not the same. Especially when you got her children there every day a reminder you see little things that remind you of her. Beck liker looked like. She is very. Impressionable person. You know her traits for your boys. I don't know if any of your conceived is here's her holding her baby when he was sick. Here's our with her sister when she got married. And she loved animals. She rescued basset hounds. Truck drivers loser bested him on the road on highways bringing would if she heard about it she would rescue. Those dogs in this was one of them his name was OD. When Brandon died. Otey quit eating. You know he died we had to go getting. She had friends. That love their. And she loved. She loved her children and they loved her. That all ends. Over with. And so we don't have that. They shouldn't they'll miss out even having their mother when they get married thank you Miss graduations with their mother birthdays holidays all of that. So in order for no one else to feel as horrible and have the loss that we had. That I feel will not even. Is that we need to make sure that people know how serious this is. And what they need to do to make it aware. That when you enter that works on. You need to be focused you don't need to be impaired by anything so when you're impaired they should pay the consequences. So I don't feel like my daughter was injured and killed on highway I feel like means when murdered my daughter that day. Thank you. Thank you for you wanna say you have any questions for us well. One same thing with the. We're going to questions here in a minute. I'm. I'm sorry go ahead yes go ahead you're recognized. Our I'm not a public Speaker of. I have several thoughts in my mind more detailed. My family was from Arkansas I come back to Arkansas with your affinity young age 7 semi or for that hearing age I live in the Scots Irish Catholic neighborhood in flint Michigan our group to. I'm 6 foot 4 my wife's 4 foot 11. Our babies were little. A. We've been married 41 years April 25 I remember that you noticed that. And I will tell you about that day and I want to go on a little detail as you guys you people indulge me I don't mean to bore you. A. My daughter oldest daughter with my pick of my daughters I love my other daughter just as much as I did my oldest daughter my oldest daughter come to me and my youngest daughter come to our wildest daughter loved riding horses and what have you which is something of I'm not done all my life you know. And I was really close to her and I'll close my youngest daughter to I'm not saying I wasn't. That morning I was out of I was at work because of my truck and I was going to call my oldest daughter and I said to now she can I could endanger if I called. I within 30 minutes I got a phone call from my life. Read my. All daughter was killed. No I don't believe. And the we got together we went to your home or where Walnut Ridge. In in in the parent body. And taken back over thank you Arkansas. Ask about would Hendren wanted happen and in fact one road workers took me the spot where she lay dead. And the. A. We went that night into we picked out casket of all all that stuff. I don't know probably some of you have had to do that for family members. 96. A. I have always been a very forceful person very aggressive first I'm the I'm the one you want backing you up. I'm not bragging I'm just on a tourist. A. Very much we buried my daughter we burger more road we drive by. I do. I do stop that. Prosecuting attorney because my wife at work this call wrecker I can't pronounce the words. Exactly right all this is going to. And called my wife at work in the spring better. And I get a phone call from my wife we scream my wife. Not rated. I'm very protected very protective environment. Maybe that's why I feel so much guilt over my calendar would there. Take it for. He would talk to me. I give the assistant prosecuting attorney. Who are. More or less. Talk down to me. And I let him know he's not gonna get away with that. And more or less told me what he can do and what he's not going to an invites me over to a wall Ridge. And service. I'm gonna have a couple deputy center just in case something gets out of hand. Well I would blow to his deputies. That. But he made the threat. And I called. Some attorneys are no one that I have in Little Rock Little Rock within for one they told me not to go sorry to my sister instead. With my daughter. Because that was not not blatant threat. And of. It drug on and one and if you you can review all out was it was if the time. And with the diseases going around what has and it drug and drug or drug. And. They wouldn't of. Torquatus negotiate with this or anything last week we we heard. We contact some people I can't say because there's a lot of good people in Little Rock but we contact some people in our little rock. There was blood drawn on the form. The prosecuting attorney's office did not want to do a toxicology report because they didn't want to spend the money. And then excuse was they didn't want to a toxicology report because the person read the toxicology report has either retired or died I'm not sure changed. And then when I realize I should you're going to a toxicology report or else. They did a toxicology report to this day I don't know who the doctor was to read. What you have not only her prescription medicines and she had 3 other. Drugs in her system. That was not her prescriptions. And. Their queue stemming from that was well. The. Toxicologist says that they're within legal limits. I'm one I'm sorry. How can it be in legal limits and someone that doesn't have the. Prescriptions written in the first place. How do they know without a doctor. What dosage this woman should be taken. Russia 3 drugs in our system that we're in legal limits. But yet there was not legal drugs for her to be taken. A. So we put me in my place there or they thought they did. A. I said you cannot justify. Drugs manner system if their inner L. legally she she is impaired the state troopers report said she was impaired said she was sluggish said she was going off the wall on different subjects you have nothing to do with this or that or what have you. And said she could not fathom or did not understand what you know. This woman injured statement 5 times you don't tell Catholic father that her daughter. Committed to the. That's a no no. We go to court. And we are told a court. And they pleaded they played. From commerce around sales of. I fought a lot no one after jobs and I've done things. A title count the times a loss if you say would baseball we tied you lost. You either win or you lose no time. In for them to play it down and play it down without us even talking to us about it we're going in detail about it the judge was even mad at a. And I will I will say that for him. They played it down. 29 months. 6 months served. The whole time this Mormon is. Carrying on overturned call Yellin heard calling telling Jones for all arsenal is good stuff and all that she never had those drugs under system we have toxicologist said she did have. I would last would speak. On behalf of the family my grants and one grandson couldn't even speak I'm sorry ma'am trouble looking at you because it bothers. Of. I get up to speak. The court room divided. You have us here on the left. You have to. The defense attorney on the right with his client and I said in court that I had nothing against him because he was doing his job. But prosecutors said with the defense attorney. The prosecutor and a deputy prosecutor hang on the rail. And they put deputy between me and them. Now. I my understanding was prosecuting attorneys will be representing the state this will be represent the interest of me and my family because my daughter was not at fault. We adopt prosecuting attorney was acting like enemy. Never once. So anything to us or anything other than the plea agreement. A I made a statement as a tie call the prosecutors carried out did everything I could to. Pretty well. Let him know that I was dissatisfied member on being elected. I thank us but I mean I was disrespectful. And of course they had the deputies for terms. The judges judges man. And meanwhile this lady is carrying on like I said and I'm start rambling number I'm I'm I'm going to get off of it. Date of. Told us what they're gonna do how they're going to do it the judge give me a speech. Give us a speech and apologize to us and study had to do. So much to do with the prosecuting attorney that he wasn't in charge of it so that he does not like this he did not. And they played their. And which was an insult. I'm I'm not gonna go on a lot of detail on this but. When we realize we've got screwed. And a prosecuting attorney was very lenient prosecuting attorney and he was not going to back us may just say we were we were hurt we were may I with man and I do get my and I have a temper. Of. We went to leave the courtroom. And I had the death please come up and apologized to me. And I had the deputies of the door to apologize to me in my. I had the. Defense attorney. To follow me into the restroom water water my face wash my face off and apologized to me I should mention you were doing your job. I'm not mad at you he said I'm so sorry for your loss. Of. We went out like will foot. We we we couldn't. Los will stand up for you it did it did the easy way if they pleaded a date the. It's like a fight that you don't want to fight you just wanna just make up I don't I don't I don't know how to explain it. A we left the courthouse without we felt like with the. Since then. Right now it's in the process she of. Has already. What is the word. Fusion contempt of court because she already violator plea agreement. Now what will happen here I don't have any idea what prosecuting attorney will do I know that just I know the way she gotten contempt of court is I called the judge. And the judge seems to be very understanding man. And here's the got a whole The secretary she said I could not talk judge but she could relay my message to the judge and next thing we know he's got prosecuting attorney in the sister prosecuted the. He per assisted. A. Assistant prosecutor from target confusion thing I'm losing my train of thought. And they have their filing of. Contempt of court charges against issues in contempt of court. Are not following the first decisions made on the dam a plea agreement Mr burns the plea agreements no good Mr burns I appreciate your testimony that we have to move this along we cannot we cannot we cannot litigate this case we can hear and the tenements no we're we're we're we've got to go to the next witness and I'm I mean I I appreciate it we're not going to let it rededicate this. We're going to try to help you. 60 seconds okay. I have indulge and and and and I appreciate and and all the members to if if any members have questions we'll take questions right now S. Meeks first. Seeing no question is representatives we need to go on to the Rayfield family. Well I hope nobody has to see their daughter cut in half put together with staples and threads. In. Saran wrap and duct tape I hope you have to see that thank you Mr burns I appreciate your your and your family's testimony and and we will we will have further hearings. This. Please us to state your names and and if you could. Keep it brief and make a joint statement or or or. The tag team Miller however you want to. Can you know let let's hear this not not same thing multiple times but but one time okay appreciated thank you my name is Stacy pre filled. I'm John record I'm alkyl I'm known as Michael bear. I am Preston reveals mother. Been married 26 years and a mother to 6 kids 5 boys and 1 girl I actually drove down here from Kansas city Missouri today yesterday dropped down on my daughter's eighteenth birthday with because it was important to be down here we don't want other people to have to go through what our family has gone through this is a picture of my 22 year old son Preston refilled that was held on I. 555 and Poinsett county on may 30 of 2020 Preston I had just turned 20 the month before he was killed he had lived at home with us. He had previously had worked his entire short life with my husband Jason up in oil the oil field in North Dakota that's what my husband is currently at he had it out yesterday north Korean we headed south to little rock a and then COVID happened and the oil field went down and prestin cristata homing collected has 1200 something a month or a week in unemployment but Preston wasn't like that he was a go getter so we got an opportunity with the company based out of Missouri the Louis construction company to travel to your state to do repairs on your road he left my house on Thursday may 28 of 2020 he arrived here and Truman Arkansas starter work on Friday and he was murdered on Saturday and send send our family has been dealt nothing but trouble from the state of Arkansas the people of Arkansas have been great but. The good Ole boy mentality is very alive and well in Poinsett County Arkansas we were never formally notified of our son's death re read my husband I'd just done yard work and sitting out front watching our little Yorkie play and without a phone call from the owner Louis construction company. Not even my and my husband got the phone call said Preston was dead he had been killed by and that was it we didn't know where he was killed how he was killed what he was killed we began cold calling every hospital myself my daughter present girlfriend Britney my husband. Finally I wrestling is a very big part of our family and I wrestling coach as non presence since he was 14 years old I texted him I simply need help and he called back he said what's wrong with the press and killed and he's like what he's a give me a minute and within 10 minutes he called and he had located our son I immediately grabbed my yes when my husband got off the phone but the but the owner she said press was that I passed out as probably any parent would hear your kid is killed I didn't think it was it was real of course my screams alerted my little kids who at the time where my twins were 111112 and my daughter was 16. They heard the brother was that their best friend I thought in my mind he's alive we're going to get down there he's on life support because he's a he's an organ donor it wasn't until our our friend Tony told us he never made it to the hospital he was killed on on site on impact. We then learned that are attorney actually contacted the corner regulate see of and Daniel Bond the paramedics are on site and they said their phone rang is are still on site near like attorney said I believe you have my client Mr pre filled in he said he remember them looking at Preston who still laying in pieces and interstate and thinking who is this kid press it was hit at 7:40 PM on a Saturday night daylight still dry conditions the roads are clear and help didn't arrive to Preston until 807 there is 1 state trooper an entire county Poinsett County now had pressed and not being killed on impact that's a long time First Lady B. lane on interstate without help 20 some minutes I believe innocent my standards it was right on the Tyrone's a bridge on I. 555 an innocent truck driver that used his semi to park it sideways to block traffic if you're not familiar with that Memphis is only 30 minutes to the other side so on a Saturday my son's laying there everybody's taking pictures of them and we have received pictures from internet people taking pictures a mother or a grandmother grabbed her child grants and blanket and partially covered up. The main part of Preston's body. Immediately that night several hours later we got a hole that we can't call on Arkansas had troopers we found out its troops C. we get a hold of them they wouldn't tell us anything we so we know he's dead we got the call what happened they wouldn't tell us anything finally hours later a state trooper Tommy fitzgerald told us yes Preston was dead. I asked him is he available he said no he's not. The next question I asked him I said is he in tact and I remember that deep southern. Accents of Mr fitz Gerald and he took a deep breath any policies and no ma'am he is not intact he then assured me that he did everything by the book he done it does IT crosses tease that the the driver. Had refused of a breathalyzer so he said he got a search warrant by the judge he did everything by the book he got blood drawn at the hospital he got pictures photographs his evidence there were the driver Arkansas standard is point 08 is strong our driver was point 326 which is 4 times the legal limit open bottle jim beam chilled after on site M. multiple open containers he had a beer cooler in the front seat. Or everything was very every line with every.every I was dotted every T. was crossed everything was there it's an open and shut case he went into the barricades. And there was no skid marks to do it so they got a search warrant for his data box ticking back he was doing 95 miles an hour in a closed therapeutic instructions on at point 02 seconds before impact of my son he dismembered my son there were so many injuries to my son couldn't tell which injury killed him was a losing as lance wasn't that he was internally decapitated AS brainstem was severed his chest was. Tasked with the taxes there is just his legs were legs were cut off I mean if it was horrific so you're thinking in the state troopers telling me we've got him we're getting him ma'am so at that moment I'm like excuse my language hell yes you get that guy and you like is that something you keep him off the streets. We were headed down this is on a Saturday we're headed down Monday to go to the corners in marked tree to pick up our son's belongings and the have instructor back home to Missouri by his oil field friends from other states. Only to be able to come to the hearing only to be told he was done released for $500. $500 one thing by judge Ron hunter. $500 now his ex wife is an attorney and work for the judge I will get into the specifics a week later another woman D. Y. death choose a killed her child her bond is 50000 cash and the same county what is the difference between the 2 year old and a 22 year old both are victims of a drunk driver same judge what it what is the difference of the bonds and we were told. You stop asking questions we were immediately asked to come down here and we met with the prosecutor about price I had brought. This little flyer and I refer not flyer she's the thing from the funeral just in loving memory I wanted them to see Preston for what you look like an **** instead of what they see in their case file and the victim's advocate literally held it up and said this is irrelevant it's irrelevant it doesn't matter to the case she could have just kept that to herself threw it away when I left that's what she said to us my son my 12 year old at the time asked the prosecutor we pulled into Taco Bell and there's a sign that says if you park illegally in handicap that's $1000 fine to kill my best friend and it's only 500. And the prosecutors like I don't know what to tell you son. Long story short it was a problem we learned quickly that the justice system is just that it's not 4 justices for the criminal justice system because it works for the criminals that is not your guys fault but some I hope you will work on. We fight we fight we fight we wouldn't stop I made friends with the news lady Diana Davis to put me in contact with a lot of great people I've made numerous trips down Arkansas 14 hour round trip with my little kids hanging up flyers past not justice for Preston bracelets all while the. Let friends met a lot of people in our family now all the while I was told constantly don't do this don't do that don't do that it's not fair for Christopher he's not gonna get a fair trial they were just like the other family there were 4 that criminal verses the victim state you had called me literally a conspiracy theorist because. Our case is a little odd our killer's wife was an attorney in Jonesborough she quit her job in Jonesborough after our son was killed 8 sold liquidated all their stuff they moved to Batesville she then was driving from Batesville to Harrisburg which an hour and 40 minutes to be the part time public defendant in Poinsett county where she was aware which is the Kate County handling our son's case when I asked them isn't that a conflict of interest I was quickly told I was a conspiracy theorist had no bearings but in the meantime she's going to lunch with the victim's advocate who now won't even speak to us the prosecutor in her are buddy buddy I drove down to one of the numerous I was at every hearing just for the I'd meet the 14 hour drive for 5 minute continuance where the prosecutors and victim advocate would even speak to us or acknowledges and are standing she was allowed as she is in Arkansas employee of the state. Representing she was not Christopher's attorney she worked for the state and she was allowed to stand in the room. Next to the victim's advocate during our trip during their hearings he was finally convicted I we would not we would accept a plea deal they offered him one he refused it we contacted the Arkansas FBI they contacted us back we submitted everything that we had everything and then suddenly miraculously at our son's trial we had all 5 prosecutors they're on our side and we got a guilty verdict in 14 minutes. And she resigned. He got found guilty on insane she resigned on Monday just like I said she was doing she was using her power and I would her position of authority to benefit her ex husband what Preston's guy was facing he did initially they charged him with misdemeanor as Mister Gazaway explained when that blood alcohol came back and it was point 326 they did up it to a Class B. felony so under Arkansas laws that is 5 years to 20 years however during sentencing. His attorney 1 to where he because under Arkansas guidelines I guess they have a a graph I don't know if I'm using the right term because our our killer had not done something before they want a motion to where a suspended sentence instead of the 5 year minimum was an option sisters so I'm the jury went in there basically instead of 5 years as a minimum a suspended sentence was an option up to 20 years they came back with 15 which sounds like 0 that's good but as he also explained that's a 16 law he's eligible for parole for killing and dismembering Preston 30 months he's already filed an appeal so our family has a continue to fight obviously I think the laws need more. They need to be more harsh and swift I feel like sadly I think the fines need to be there if you hit people in the pocket book that seems to make them pay attention a little bit more in our case I can't say for others our guy got charged with one or 2 things open container and negligent homicide Class B. felony he never got a DUI for this he can provide a speeding ticket even though they have the data recorder that come back 95 miles an hour he didn't get careless or any kind of traffic citation he got absolutely nothing he got not a seatbelt ticket P. guide not the they dropped the open container and charged him with one the negligent homicide that is it and I said what about the double fine I said I know Arkansas has no laws that because I I've been in contact with Senator D. Wallace I've contacted anybody and everybody I could before I realize that there's nothing to protect a road worker there's no Exter enhancements penalties fines nothing but you guys do have double penalties and worked on I said why isn't this implemented they said does it really matter I said it absolutely does it does because why would you get a guy that's just doing a few miles over the limit you're going to charge in that double fine thank god it barrels through a construction zone kills a guy he's drunk and you don't even give them not the reason I got was there's not and there's not a jury in Poinsett County intelligent enough to go through the cases they said if we charged him with negligent homicide and DUI open container that all of this the jury is not smart enough to know how it works he said so we have to dumb it down for them take away those extra charges that really don't carry any time take away the fines and given this difference penalty to where you're either you got one charge he's either guilty or not guilty I didn't really understand it but I do now I think it's sad that that's the. Way that it works by I think we need harsher I know we penalties we need we need stiffer sentences that 16 law that is ridiculous his family circle McNair yes to 15 years he's he'll be lucky if I can get 2.5 years out of him for my son's life that's not even that's absolutely and I had a fight the entire time to not get a plea deal I sent my son to get a plea deal he he and I said he'd give my son the death sentence and give my family a life sentence my husband works nonstop in North Dakota to pay for the bills unlike the other family they didn't want money I do I want him to pay my husband had to pee do you know what it costs for a funeral a 22 year old that have life insurance that therapy that my 4 children have to go through they now have PTS they now have a 90 day depression separation disorder a list of things my 11 year old was put on Prozac and my 16 year old these are healthy normal children. All the fees that we spend to come down here the hotel's to gas money all of this and he has to pay nothing nothing the jury could have given him a fine of up to 15000 they give him 0 he doesn't have to pay nothing the victim the Arkansas victims advocate thing. We're not entitled to anything why my son came down here to fix your roads he was killed you guys didn't give injustice thank you didn't pay for anything I didn't even get a letter of sorry from Arkansas governor but the state of Arkansas our state Missouri governor reached out and told us I think this represses hard work and we're sorry for him we've got nothing but a headache from the politicians in the state people of Arkansas he cites Mister Gazaway and and senator Dave Wallace have been the only ones that have been proactive in we're sorry press was killed what can we do to change this there's several ways that could be done at my brother will speak more for the construction sample ID I would like to say everybody stop you there since you have you know put us all and said none of us are helping I mean this hearing is held in may I mean I appreciate appreciate you and representative Gazaway has a has a statement or question right now I I was speaking about Poinsett county not you guys I'm sorry I appreciate that representative Gazaway you have something to interject I do and and thank you Mr chairman let me just say. In a to a break fields we are extremely sorry for your loss we certainly appreciate I think everyone here in this committee I think I speak for everyone in this committee. When I say that we appreciate your sign and you know and all that he did he what you're right he was in our state is working on our roads and it's it's just it's a tragedy and we express our deepest sympathies to you and I think that I would speak for everybody on this committee I am saying that now. And part of what this hearing is about and. And we want to ensure and that victims like you. And and families in the future can get the justice that they need and also that we make these work zones safe. And so I just I did have just a few questions because I you know went for purposes of this committee which is the transportation committee yeah we can take up a lot of these issues about justice in the Judiciary Committee I understand you have a lot to get off of your chest and and and I I don't blame you at all I'm glad this forum was here to do that but who did prestin work for English construction company which is a private contractor yes okay and then sought general contractor okay and then as far as the work zone itself that was on interstate highway in Tyronza on I. 555 okay in do we know do you guys have any information about kind of how that works on was capped with the barrels and with the lights and with the traffic or with the speed zone signals or anything like that. Nothing else there was no there is no concrete barrier there is no flashing lights there is no proof no thing saying that there was 1 sign that was like a temporary thing that said reduce be ahead construction zones but barrels and that was that there's no rumble strips there is there was nothing and there's 2 people working not with that and that was what we had talked to OSHA about was don't you have stricter guidelines than 222 year olds working on an interstate on Saturday after you know Saturday evening what what was his job what does he do there they they did bridge resurfacing. So just a second download job you didn't even have a title so that's kinda Rahman jump in. I'm not construct or I'm I'm I'm I'm I have a highway that over there. I'm a I'm a heavy highway construction worker I work I pour concrete for. So I know exactly what. We require in Missouri as far as closures and protecting our workers. So impressed in this case. That that car should never been able to get into that lane closure we have what we call Jersey barriers in Missouri that's a concrete divider there are 8 to 10 feet long 3 foot tall they start out 6 inches wide and come down to route you stack them along your lane closure. The entire lane closure and that protects your workers under inside that that work so that being said also at the beginning of the land closure your Jersey barriers. In Missouri we take we take off our 22 degree angle that away the driver I'm a what right now smartphones smart cars there's way too many distractions people talking there's just a lot instructions so you don't put a tea at the end of the of the lane closures that's going to kill the driver that may have just been on the phone making mistakes. So what I think needs to be had to happen and in that case I think it was a a money issue with the orange barrels. That car so never been able that allowed to be in there it was orange barrels have been Jersey barrels the car would or not been been in there president will been protected also we have in Missouri we have rumble strips 2 or 3 sets before you come to a construction site let's say you're falling asleep or your. Aloof that is to alert you that you're coming on to some construction there were no rumble strips. We also have boarded up their call impact trucks they're designed to take an impact it's a big step almost like a semi rig on the back it has hazard things and got Springs and questions and they're set at the beginning of some of our. Closures to take an impact in case the car does come in there so none of these precautions were taken in this case. The speed obviously was a factor. That has his Oct intoxication was a factor but I feel like if Lewis brothers construction I don't know how how with the these numbers if it's a if it's a money thing in the in the bed or whatever but I can tell you right now with 100 percent certainty will come through Arkansas this last night you did have the Jersey Berrier there's a lot of construction coming through Little Rock you did have Jersey Burrel barriers on that's that's great. I know with 100 percent certainty have there been Jersey Berrier barriers set up their concrete ones my my nephew would still be here today and again I don't know that I think was a money issue as far as the cones verses that concrete. Probably about a. $0 difference per cone and injures Affairs so. I. I really feel like the Lewis brothers construction I don't know that it would if I feel like they failed in their safety measures say they should never had to 22 year old kids on a Saturday night 74745 clean up Preston's where is your protection running a backpack blower. After they took their foreman's back to the job site so they could go Fishin then president comes back to the job site clean up he was wearing a backpack blower and and is your protection. I'm assuming. By the way his head was crushed in the back of the on the on the part of the car that he never saw coming. The guy was doing 95 miles an hour so basically drug. He drove through pressing his body was hundreds of feet away from where the impact was when you see the pictures that we have this all you see Wague body backpack blower lamb boot all this. Is scattered in both lanes of. I have nothing to say really other than guys to the construction site that you guys have have got to be. More confined they've got a unique that that there's there should be a way for a car to be in them and then the fines and penalties for the driver that 16 rule that just blows I'm not a smart man that just blows my mind like I get it if you've never had a prior. Charger had any trouble but when you take a life. And you both point 3 to 6 and you're doing 95 that's aggravated as it gets I think that 16 all right they're good start out the window now if you're an old lady who made a mistake and you have no legal drugs you're not and and or drunk or anything you make a mistake like that and I believe you are the 16 law should maybe apply but in certain situations like this word so. I must say aggravated.16 law I think need to be thrown out the window that 15 years he got you need to serve that 15 years we we got a license present elections that little man there he was 555 540 pounds. But what he put in this world was pretty damn impressive. And his little brother's. He took them all around the country wrestling wrestling I got an address and I've been to go to those boys since they were 5. President will take them kids to Las Vegas me we just wanted to lido our last trip together was in Toledo 2 I can't I can't Oklahoma Iowa we just want I mean. That kid would stop come home from work by the employees to spend all his money on the boards on his little brothers and it's it was just a a weird relationship he had with the he was a Big Brother. And they don't have that now he was like my second son. I don't have that now my son tried to commit suicide. My son also had colleges looking for him looking at him to go to college to wrestle. But Braxton after loss of Preston. Stromlo stethoscopes. Try to commit suicide. I didn't even get to wrestle his senior year and he was a guaranteed firehouse my kid was gonna win state this year. And now we don't have college school on. Price on my son's college and that's the very least of my concerns. I lost my little buddy. I'm. I would like to see. I will I think raising the fines and the money that the state would collect from imposing high fines to go back into construction. Safety hazards or something like that I mean I I think you're getting to work with 1 stone 19 you're you're penalizing that the criminal. The state's going to get the money for them that they can put back into making the roadway safer you know how you make them safer I really don't know rumble strips to concrete there's things like that educating OSHA I I'd appreciate if you would have had higher standards on non. A we we were always told my oshi and having a competent person on the job site and you had to have this and job training and all of that And president obviously wasn't the competent person the other 22 year old kid he had just been fired and brought back so there was no competent person on that side this this didn't have to happen I believe that they were stronger stronger laws that OSHA required them to have you know. Jobsites have more than 2 people and have a competent person on the thing I think if we hide Jersey walls rumble strips better thing you know then we we wouldn't have a loss of life or flag just like in the the bird you know we fire we need tougher laws stricter punishments and you get the money from the punishments to put back to somehow make it safe thank you very much representative Gazaway would you like to close it thank you Mr chair yes just a conclusion and I just wanna say again. We express our deepest sympathies to your the prefilter and also to the burns family and that's from the entire state of Arkansas and hope that you feel that beyond that I think that this I hope that this has made clear to the committee and ultimately will to the legislature that when these types of. Incidents happen that these create deep wounds that last a lifetime other create victims it reverberates to family members and friends and communities and just creates the whole whole set of wounds that take a long time to heal and so we appreciate that I hope that you know that I think the issues that are presented for us to look at our how do we actually make the construction zone safer and so that's one area that we need to focus on and then secondly as you can see I've and for both families have been here today how can we create a sense of justice for the families of victims who have been severely injured or killed in a work zone because these are inherently dangerous places for people to be working and so how can we through our laws create a framework so that victims can we believe that they have truly perceive a sense of justice at the conclusion of the case and so I think those are. Really the 2 areas for us to focus and we appreciate you guys being here so much insurance stores thank you. Thank you all we have a Haskell Dickinson with the associated general contractors of Arkansas. And make George contracting if you would come forward. Go ahead state your name and and. Pusher pusher button there. Are you of is that okay okay Pitsch chairman Johnson and other other gentleman and ladies gallery. I am Haskell Dickinson an employer make George contracting company this company has been building roads streets and highways and among other public and private projects in Arkansas for about 80 years. To have a safe work zone for our employees to have no fatalities no lost time and no recordable injuries is our number one company property. We inspect our equipment day continuously remind our employees we wear personal protective equipment monitoring group and reward each employee for good safety practices including random drug testing and testing drug testing after every incident. We constantly review and comment as necessary about the safety practices and equipment of our subcontractors. We constantly work with the R. naught to keep up and maintain the planned highway safety devices for each job. So far we have accumulated a good record of no fatalities in very few lost time or recordable injuries and are highway work zones. We actually have a friendly competition with others in our industry. Who who to see who can achieve the best safety record. I have some incidents here that I'm going to pass over because of time and go to the final of the final count of the statement that I I'll be most important anyway. We are saddened by all highway fatalities. We have a family company we know our employees we we we we understand the empathy and empathize with all of this almost 2600 deaths on highways over 4 years. Figures show that the number of fatal injuries to construction zone workers is increasing to unless major changes are in store like reducing the speed of traffic moving through construction zones and track restricted from following too closely we expect more the same and worse. We hope another look at traffic safety in work zones will finally reflect that the lives of the persons who work there are just as important as the mobility and the efficiency of the traffic that moves through them. You can be certain that our industry will work with our.and this legislature at every level with suggestions and recommendations that we think through our own experience will ensure a safer environment for all persons to maintain our critical highway system thank you. Are there any questions for me for any questions from the members. S. C. 9 I appreciate it Sir just a question of some of the comments is is there a difference in. Safety requirements between jobs you know we talk about the different barriers and using barrels or or is that is that up to the contractor to. How that how the hell they want to protect those workers or how would apartment uses national standards to to make decisions about how to protect each job and they have to a normal somatic data that comes through and it's up to them to where they're gonna put barrels or. Or are Jersey walls are clones it's really up to them to to to plan those jobs and so that obligation response with the contractors seated is done and and kept up and maintain. To the standard that well we we have we get the in the specifications in each in each job we we know exactly what what is to be put in and maintain. Thank you Sir next is. Jeff Holmes. He is the. Police chief with the how an apartment. You'll if you want to come forward also thank you Sir. State your name and. We'll start with Jeff. My name is Jeff Holmes. I'm the chief of the highway police division of the Arkansas department of transportation I wanna thank you Mr chairman and members of the committee for allowing me to speak workers on safety is very important to the highway police and just last year alone highway police officers worked over 20 6000 hours supporting or not Cruz and work zones in various languages in 2018 we have 1 of our officers tragically injured in the work zone and was forced to retire. The highway police division feels very strongly about. This issue and we look forward to working with the committee and members of the stakeholders in industry to do whatever we can to make workers on site. Thank you Mr chairman and I want to mirror on behalf of the department to the statements of Chief Holmes of the Arkansas department of transportation is dedicated to safety both in the work zone and across all of our system of course we prioritize taking care of our employees and the employees of our contractors in the ward's owns and as we've seen recently and unfortunately they can resulting in in tragic incidents that affect of lots of lots and lots of people across all spectrums of life in in relation to these construction projects it's very important to or not to be a part of the discussion we thank you for having us here today and the. As the chief said we're looking forward to working with you the committee and members of the General Assembly to try and make our work zones safer for everyone thank you. Hello this is surely a attorney for the. The how would safety in these contractors would it differ from Missouri and and the lane closures and the barricades verses the barrels or or is the same national standards depend on the job the contractor I've got a Derrick white or district engineer for district 6 which is Central Arkansas here. Discuss those dirty would come up to the table. And while he's approaching I want to point out and remind everyone that we recently started the phone down slow down slow down phone down campaign as a safety campaign work zones we have a staff Mar.that are available to answer questions on that as well if you have if you have questions concerning that there go ahead and identify yourself please. A new German her afternoon Derek white district engineer for district 6 here in Little Rock allow the Department of guard your question. The manual uniformed traffic control devices what we use for safety in work zones that is a national minimum standards so basically it individual states and go above and beyond that and standards so. Certain jobs we have if there's certain non Malays or certain special situations will add additional measures and those workers owns to typically the speed and type of roadway dictates whether we use cones traffic grounds or Jersey barriers placed on the top construction we got going on there. The representative fight. Thank you Mr chairman I can't remember this Oklahoma our taxes I travel quite a bit and both they have signs that say don't hit our workers don't pay $10000 I think the signs are pretty effective I'm wondering if we could do that in Arkansas. I'm certain that is something we can look into yes as part of the I mean what we would have to be within what we already have for our find I don't know that we have a $10000 fine for for heating or work we can we can we absolutely can yes and and you know an educational campaign and signage it is is one of the elements that has to be looked at in any type of overall work zone safety program is making the public aware of the consequences of their actions follow up. When we I. Represent Gazaway and I and others on this committee work together on this and when we get a new fine would you be willing to take a look at to putting up some signs of that nature absolutely thank you yes. I want to tell a. Representatives fatten and representative Gazaway I appreciate your your efforts on this in one of those or jointly and and representative Gazaway eyes District to and. And I deferred to representative Gazaway because he's prosecuted these things before and but the this body and and working with that knowledge we will address trying to address these issues will continue this conversation I appreciate the those who groschen from so far too to be heard and and know that that did not fall on deaf ears and and we appreciate everyone's efforts and if there's anything else any other questions from members of the we will continue this conversation going into next regular session appreciate everyone for being here and we are adjourn. Thank you Mr.