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A Umatilla County judge has dismissed a reckless driving charge brought against First Strike Environmental in the aftermath of the Aug. 24 crash in which eight of the Roseburg company's firefighters were killed.
Circuit Judge Garry L. Reynolds let stand, however, a drunk driving charge and 18 counts of reckless endangerment, allowing those cases to proceed to trial.
Reynolds rejected First Strike's contention that it couldn't be prosecuted because the company considered itself to be a victim in the crash. Under Oregon law, victims of crimes cannot be held liable for the conduct of a person who commits an unlawful act.
But Reynolds ruled that "the court can find no definition that would extend to defendant (First Strike) the status of victim so as to exclude criminal liability on the basis of an injury to, or death, of an employee returning from a job site in defendant's vehicle."
The judge also rejected a First Strike motion that Malheur County District Attorney Dan Norris did not provide enough detail about where the alleged drinking took place that has been blamed for the fatal crash.
Both sides found something positive in Reynolds' ruling.
"We're pleased with the judge's decision. We look forward to challenging the other charges in court," said David Terry, the Roseburg attorney representing First Strike.
"We're incredibly happy with the judge's ruling," Norris said. "This clears the way to get this case into court."
The company was charged criminally after blood tests revealed Mark Ransdell, the driver of the van that crossed a double yellow line and ran head-on into a semitruck east of Vale, had a blood alcohol level of .13 percent. The crew was returning to Roseburg after spending 11 days fighting a major forest fire in Idaho.
Subsequent tests of blood taken from Ransdell's heart showed a blood alcohol level of .05 percent and .07 percent. A urine test performed at the same time also revealed a blood alcohol level of .07 percent, under Oregon's .08 percent legal limit for drivers.
Company officials claim that Ransdell and other passengers in the van that also had measurable alcohol levels had not been drinking at all. Although a videotape from a convenience store in Vale showed the crew buying beer minutes before the crash, the company contends all of the alcohol was placed in a cooler on top of the van.
First Strike officials contend that the fire that engulfed the van caused post-death production of alcohol, a phenomenon that has been shown to happen in airline crashes where bodies were also burned.
In a statement issued Wednesday, First Strike said Norris "has now acknowledged that all the blood alcohol results are worthless and of no reliable use."
But Norris said that different blood samples with different results likely would confuse a jury, so he plans to use the results of Ransdell's alcohol level determined by a separate urine sample. He said he plans to correct some language and refile the reckless driving charge.
First Strike also released a letter from SAIF Corp., the company's workers' compensation provider, reversing its findings on a workers' comp claim. The Salem-based insurer had originally denied a claim to provide benefits to Ransdell's estate, claiming that alcohol usage was the major contributing cause of the crash.
In a Dec. 17 letter to First Strike, senior claims adjuster Annette Sjullie said SAIF was reversing its findings because of the difference in the alcohol readings and because the condition of the body made it difficult to obtain a true reading.
Sjullie, who made her finding after reviewing investigative reports on the crash and lab results, also said there was not a clear chain of custody of the blood and urine samples.
First Strike officials had previously criticized law enforcement authorities for waiting several hours to draw the samples and for failing to keep the samples refrigerated during transport from a mortuary in Ontario to the state medical examiner's office in Portland.
Norris said SAIF's review relies on a different level of proof and evidence required only for insurance purposes, not the standard required by courts.
"I'm actually very glad that SAIF made that decision because it allows the victims to be compensated," Norris said. "But it's up to a jury to decide what actually occurred."
Norris said the First Strike statement was based on meetings with prosecutors that both sides generally agree to keep confidential. "I think they're playing fairly fast and loose with our discussions," he said.
Terry said the company was simply responding to attempts by Norris to "try this case in the media."
All of First Strike's forest crews have been cleared to work again, following completion of driver safety courses. The crews were suspended by the Oregon Department of Forestry following the wreck and were required to take further safety training.
"They're ready to start the season," Terry said.
A court hearing will be held on the criminal charges within the next few weeks. At that time, the company will formally enter not guilty pleas to the remaining charges, Terry said, and a trial date will be set.
The trial is expected to take place next fall, so that firefighters won't have to skip the fire season to attend court.
The Associated Press contributed to this report.
* You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.
Circuit Judge Garry L. Reynolds let stand, however, a drunk driving charge and 18 counts of reckless endangerment, allowing those cases to proceed to trial.
Reynolds rejected First Strike's contention that it couldn't be prosecuted because the company considered itself to be a victim in the crash. Under Oregon law, victims of crimes cannot be held liable for the conduct of a person who commits an unlawful act.
But Reynolds ruled that "the court can find no definition that would extend to defendant (First Strike) the status of victim so as to exclude criminal liability on the basis of an injury to, or death, of an employee returning from a job site in defendant's vehicle."
The judge also rejected a First Strike motion that Malheur County District Attorney Dan Norris did not provide enough detail about where the alleged drinking took place that has been blamed for the fatal crash.
Both sides found something positive in Reynolds' ruling.
"We're pleased with the judge's decision. We look forward to challenging the other charges in court," said David Terry, the Roseburg attorney representing First Strike.
"We're incredibly happy with the judge's ruling," Norris said. "This clears the way to get this case into court."
The company was charged criminally after blood tests revealed Mark Ransdell, the driver of the van that crossed a double yellow line and ran head-on into a semitruck east of Vale, had a blood alcohol level of .13 percent. The crew was returning to Roseburg after spending 11 days fighting a major forest fire in Idaho.
Subsequent tests of blood taken from Ransdell's heart showed a blood alcohol level of .05 percent and .07 percent. A urine test performed at the same time also revealed a blood alcohol level of .07 percent, under Oregon's .08 percent legal limit for drivers.
Company officials claim that Ransdell and other passengers in the van that also had measurable alcohol levels had not been drinking at all. Although a videotape from a convenience store in Vale showed the crew buying beer minutes before the crash, the company contends all of the alcohol was placed in a cooler on top of the van.
First Strike officials contend that the fire that engulfed the van caused post-death production of alcohol, a phenomenon that has been shown to happen in airline crashes where bodies were also burned.
In a statement issued Wednesday, First Strike said Norris "has now acknowledged that all the blood alcohol results are worthless and of no reliable use."
But Norris said that different blood samples with different results likely would confuse a jury, so he plans to use the results of Ransdell's alcohol level determined by a separate urine sample. He said he plans to correct some language and refile the reckless driving charge.
First Strike also released a letter from SAIF Corp., the company's workers' compensation provider, reversing its findings on a workers' comp claim. The Salem-based insurer had originally denied a claim to provide benefits to Ransdell's estate, claiming that alcohol usage was the major contributing cause of the crash.
In a Dec. 17 letter to First Strike, senior claims adjuster Annette Sjullie said SAIF was reversing its findings because of the difference in the alcohol readings and because the condition of the body made it difficult to obtain a true reading.
Sjullie, who made her finding after reviewing investigative reports on the crash and lab results, also said there was not a clear chain of custody of the blood and urine samples.
First Strike officials had previously criticized law enforcement authorities for waiting several hours to draw the samples and for failing to keep the samples refrigerated during transport from a mortuary in Ontario to the state medical examiner's office in Portland.
Norris said SAIF's review relies on a different level of proof and evidence required only for insurance purposes, not the standard required by courts.
"I'm actually very glad that SAIF made that decision because it allows the victims to be compensated," Norris said. "But it's up to a jury to decide what actually occurred."
Norris said the First Strike statement was based on meetings with prosecutors that both sides generally agree to keep confidential. "I think they're playing fairly fast and loose with our discussions," he said.
Terry said the company was simply responding to attempts by Norris to "try this case in the media."
All of First Strike's forest crews have been cleared to work again, following completion of driver safety courses. The crews were suspended by the Oregon Department of Forestry following the wreck and were required to take further safety training.
"They're ready to start the season," Terry said.
A court hearing will be held on the criminal charges within the next few weeks. At that time, the company will formally enter not guilty pleas to the remaining charges, Terry said, and a trial date will be set.
The trial is expected to take place next fall, so that firefighters won't have to skip the fire season to attend court.
The Associated Press contributed to this report.
* You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.
