(The following story by Jason Kristufek appeared on the Ames Tribune website on January 14.)
TOLEDO, Iowa — Jurors were expected to begin deciding this afternoon whether van driver Gary Lee Butler was legally reckless when he crashed into a group of Mid-Iowa motorcycle riders.
Testimony concluded Tuesday afternoon without Butler, 49, of Des Moines, and Keith Rigg, his attorney, calling any witnesses.
Iowa State Patrol Trooper Kent Brown told jurors that Butler “probably fell asleep” when he crossed the centerline by less than a foot on U.S. Highway 30 near Chelsea in June 2002.
The van hit Arlen Pickering, 53, of Story City; Douglas Sampson, 51, of Ames; and Ross Holland, 57, of Boone head on, killing each.
Richard Vauble of Ames was clipped by the rear bumper of the van as he tried to avoid a collision. He lost his right leg above the knee.
James Olson of Ames laid his bike down to avoid being hit. He skidded on the pavement for more than 125 feet. He was unconscious in a hospital bed for almost four months.
Wayne Wierson, also of Ames, suffered a minor injury to his hand. He was the only rider to walk away from the accident scene.
The six riders left Ames around 10 a.m. that day. They were heading to an open house at J & P Cycles in Anamosa.
A grand jury indicted Butler and charged him with three counts of vehicular homicide, three counts of involuntary manslaughter and two counts of serious injury by vehicle.
Some of the charges require Tama County Attorney Brent Heeren to prove Butler was reckless. He attempted to do that by arguing Butler exceeded the number of hours he was allowed to work in a 24-hour period.
Butler was employed by Armadillo Express. The transport company works for the Union Pacific Railroad to haul train crews throughout the state.
Gene Wortman, the general manager of Armadillo Express, testified that company policy limits drivers to 10 hours a day of driving and not more than 15 hours on the clock.
Testimony shows Butler began work at 7 p.m. on June 21, 2002. He had not stopped working when the fatal crash occurred shortly after 11 a.m. the following morning.
Butler was returning to Des Moines after dropping a train crew off in Lowden.
Heeren told jurors that Butler had not slept for more than 25 hours at the time of the accident.
Rigg argued in cross-examination that Butler is paid by how much he drives. He also argued that Union Pacific dispatchers did not release Butler from the crews he was transporting.
“He could not leave until those dispatchers released him,” Rigg told the jury in opening statements.
Railroad employees Andrew Sharp and Robert Walters testified that the dispatchers knew Butler was getting close to being out of service hours.
Trooper Brown, who at the time of the accident specialized in accident reconstruction, said it did not appear Butler’s van made any evasive maneuvers to avoid the collision.
“There were no signs of breaking,” he said. “You would think somebody who is conscious would be able to slam on the breaks.”
On cross-examination, Rigg argued the accident occurred in about three seconds.
Butler also was injured during the initial impact. He sustained a broken collarbone, collapsed lung and broken ribs.
The first collision also crushed the van’s driver’s side tire, meaning the van lost the ability to steer.
“It is possible he could have been distracted by something else,” Rigg said.
And, Rigg said, “He was injured. He couldn’t steer. That is a possibility.”