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Accident Reconstruction News Article Nelson man sentenced for March collision with trooper's
vehicle Sitting in his patrol car as he worked an accident scene the night of March 19, Missouri State Highway Patrol Trooper Jason Chad Flanigan saw the headlights in his review mirror. "You better get over," he thought, but the driver didn't get over. He didn't even slow down. The resulting collision sent Flanigan's crushed vehicle spinning into the median and forever altered the paths of two men's lives. Following the crash, Larry Gene Hare, 52, of Nelson, the driver of the Ford Ranger pickup that rear-ended Flanigan's patrol car, was charged with class B felony assault of a law enforcement officer and class D felony possession of a loaded firearm while intoxicated. He was sentenced Friday to prison terms of nine years and two years, respectively. During the sentencing hearing Friday, Flanigan took the stand to recount the events of March 19 and what has happened since. In addition to physical pain he still feels, Flanigan testified that the crash has caused emotional suffering as well. "I can't go a week without having a nightmare," he said. Flanigan's waking hours are plagued with a nagging reminder of the crash, as well. The 70-mile-per-hour impact demolished the rear portion of the patrol car and led crash reconstruction experts to conclude that Flanigan is lucky to be alive. "The only thing I keep in my mind is they told me I have died," he said. Speaking to Judge Dennis Rolf, presiding judge of the 15th Judicial Circuit, Flanigan said he believes strongly in the job he performs, but his brush with death has made it difficult not only for him but also for his wife and child. "There's a possibility I might have left them behind," he said, losing his fight to keep his composure. "I can't deal with that. I'm only a man." Rolf informed Flanigan that Hare could be made to pay restitution to cover the expenses he experienced during his month of rehabilitation. However, restitution is not an option if the defendant is incarcerated or later released on parole. "I would prefer no restitution and the maximum sentence possible," Flanigan responded. Hare also took the stand Friday. Saying he had pleaded guilty because he wanted to take responsibility for what happened, he asked Rolf for probation. "I'm absolutely sick," he said. "I've never been in an accident before. I'm sorry for him and his family." Hare testified under cross examination by Assistant Prosecutor Jay Barton that he had been to a bowling alley in Boonville. As part of a promotion the establishment was giving away free drinks. "I took advantage of it and I indulged too much," he said. Hare said he had around four mixed drinks and four beers before leaving the bowling alley. When the crash occurred, there was an open bottle of beer in his truck. Hare's blood alcohol content at the time was recorded at .179 percent, more than twice the legal limit. On the stand Friday, Hare testified he was on his way to Marshall Junction to buy cigars. In his closing arguments, Barton pointed out that the crash occurred past Marshall Junction. "He was so drunk he didn't know where he was," Barton said. "It's a wonder, if not a miracle, that no one was killed." In issuing the sentence, Rolf chose not to grant a request from defense attorney Ed McInteer to retain jurisdiction. If the court had kept jurisdiction, Hare could have been released on probation after serving 120 days of the term. Following the hearing, Barton said he was pleased with the sentence. He said in researching the case he was shocked to discover how often officers are injured or killed by passing motorists. Most recently, MSHP Cpl. John "Jay" Sampietro Jr. was killed on Aug. 17 while he was directing traffic at a crash scene on Interstate 44 in Webster County. Barton said his office also considered the fact that the Missouri legislature had classified the crime as a B felony, one of the most serious categories of offenses. Perhaps most importantly, he said, were Flanigan's wishes. "Chad contacted us very early on and told us he didn't want a plea bargain," Barton said. "We try to take the victim's wishes into account and we prosecuted this case to the fullest extent." Contact Chris Post at marshallhealth@socket.net ### |
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