Just about every day, families separate each morning to go their separate ways for the day, to school, play, work or to do a myriad of other things and activities that occupy our day. The constant, so often taken for granted, is the presumption that, at the end of the day, the family will again come together. How different those morning separations would be if the family knew that one of them wasn’t going to return that night.
On August 3, 2004, James Turner, left his family and went to his job with the city of Branson’s Public Works Department. Although he had no way of knowing and no control over the events that were to unfold that day; he would not be returning to his family that night, or on any night.
On that same day Richard Toeneboehn left his family and went about his daily activities. Although he had no way of knowing it, his path would cross with that of James Turner later that day under circumstances over which he had complete control.
Unfortunately, because of the way he exercised that control, James Turner would not be returning to his family that night and both Toeneboehn and the workers working with Turner at the time will, more than likely, have the horrible results of Toeneboehn’s failure to do a simple thing forever inscribed in their memory. That simple thing was to slow down in a marked work zone or when there are workers, emergency responders, or police officers in plain view working at the side of the road.
The words used by Larry Vangilder, Director of Public Works for the city of Branson, at Toenebohen’s sentencing hearing, after he pled guilty to the Class D Felony of Involuntary Manslaughter in the 2nd Degree, provide a vivid account of what happened. Vangilder said, “On August 3, 2004, James Turner, one of our employees, and his fellow workers, some of whom are here today, were safely and responsibly fulfilling the duties of their jobs by weed eating on Gretna Road in the City of Branson. Work zone signage was in place. All workers, including James Turner, were wearing safety vests and personal protective equipment.”
Vangilder continues, “Without any warning, a car driven by the defendant [Toeneboehn] left the driving lanes of Gretna Road and tragically struck James, who was over 10 feet behind the curb. The impact threw him 40 feet through the air. As a result, James Turner died that day of his injuries and was taken from his family forever.” He also expressed his opinion that, “The manner in which Richard Toeneboehn was driving was clearly reckless, thoughtless and totally oblivious of our workers in a clearly marked work zone.
In an Ole Seagull’s opinion, based on the facts as stated above, it is inconceivable to him that James Turner would not still be with us but for the reckless actions of Toeneboehn and his failure to simply slow down while going through a work zone. One can only wonder what a difference there would be in the lives of the Turner family, the workers present at the time of the incident, Toeneboehn and his family if he had.
Please, slow down while going through work zones or whenever workers, emergency response personnel or law enforcement officers are visible on the side of the road.
