Lawsuit discussed behind closed doors

Local News

July 31, 2009

By Kandra Wells The McAlester News-Capital Fri Jul 31, 2009, 10:21 AM CDT

Thursday night’s special session of the McAlester City Council lasted 50 minutes, with 46 of them spent in an executive session to talk about a pending lawsuit.

Councilors took no action after the closed-door session to discuss $375,000 in claims from a family whose daughter was killed when their car hit a city trash truck. Mary Baird, 14, was killed in the Feb. 8 collision on U.S. Highway 270 near the city landfill.

A police report indicates the truck’s brakes were defective at the time of the wreck.

Also Thursday, councilors Chris Fiedler, Ward 1; John Browne, Ward 3; Haven Wilkinson, Ward 4; Sam Mason, Ward 6; and Kevin Priddle, mayor, approved a contract for auditing services for the last fiscal year.

Councilors Donnie Condit, Ward 2, and Vice Mayor Buddy Garvin, Ward 5, did not attend the meeting. During a regular council meeting on Tuesday, Condit had announced he would be unable to attend Thursday’s meeting, as well as the next regular council session, due to “occupational constraints.” He is the vice principal at Puterbaugh Middle School.

Thursday, the city panel heard from Audit and Finance Committee Chairman Steve Foster. Foster recommended the city approve the $35,250 auditing contract with Hulme, Rahhal, Henderson, Inc. and unanimously approved the bid, all within three minutes.

The council then recessed into executive session. The agenda item for the session was “Discuss pending claim(s) from Paul Baird, Ernestine Baird and Mary Baird, deceased.”

Paul and Ernestine Baird, the parents of Mary Baird, filed three claims against the city in April and the claims were then sent to Traveler’s Insurance Group, an insurance company for the city, according to City Manager Mark Roath.

Roath also said last week the trash truck driver was still working for the city’s sanitation department, but was no longer a truck driver. The city manager declined further comment on the matter because the litigation is pending.

Last week, District Attorney Jim Bob Miller said he planned to charge the driver, Caleb Butler, with negligent homicide, but charges had not been filed as of this morning. A secretary at the District Attorney’s office, Tanya McClendon, said this morning she was told the charges are pending a probable cause affidavit from the Oklahoma Highway Patrol, which was expected this morning.

Butler has not responded to a message left for him by the News-Capital at City Hall seeking his comment on the wreck.

An OHP accident report indicates that an inspection of the truck after the wreck revealed the left middle and right rear brakes were three-quarters of an inch out of adjustment.

The trash truck had been crossing the highway’s westbound lane at Mitchell Road when it was hit by the Baird vehicle. The accident report by Trooper Jeremy Tollman indicates the truck “failed to stop at a stop sign, entering onto U.S. 270.” Tollman’s report has also revealed that the truck “Left 39 feet of skid mark ending directly parallel at the stop sign from its rear axle,” and that Butler stated he knew the brakes were defective prior to the accident.

Contact Kandra Wells at kwells@mcalesternews.com.

Text Only

Local News

Council to look again at releasing $700,000 to McAlester Public Schools
City councilors are expected to take a look at a proposed memorandum of understanding between the city and McAlester Public Schools that could send $700,000 into the school coffers.

February 12, 2012
McAAP appoints director engineering, public works
Steven W. Cox, of McAlester, has been named director of engineering and public works at the McAlester Army Ammunition Plant, according to a Wednesday press release from McAAP.

February 12, 2012 1 Photo
PITTSBURG COUNTY DISTRICT COURT LOGS
The following felony and misdemeanor cases were decided in Pittsburg County District Court Feb. 1 - 6.

February 12, 2012
Local singer ready to go national
Singer Joanie Brooks has a song in her heart — and she’s ready to share it with the nation.

February 11, 2012 2 Photos
School elections set Tuesday in McAlester and other school districts
School elections are set for Tuesday in four school districts in Pittsburg County, with the county election board also assisting with a race in neighboring Pushmataha County.

February 11, 2012 4 Photos
Pride honors volunteers
Pride in McAlester held its third annual volunteer banquet at the Whistle Stop Bistro in Northtown on Thursday night

February 11, 2012 1 Photo
Parents and DHS: What are your rights?
When an investigator from Child Protective Services from the Oklahoma Department of Human Services comes to the door, most parents don’t know what their rights are. That’s according to some McAlester residents who have recently dealt with CPS.

February 11, 2012 2 Photos
McAlester New-Capital's junior reporters tell all
Globe-trotting, from McAlester to Japan

On Feb. 6, I had the pleasure of meeting two of the Harlem Globetrotters. Handles, who is 6’ 1,” wasn’t very tall compared to Stretch, who is 7’ 2”. ...

Living the dream

On Monday, the Harlem Globetrotters came to McAlester to play some basketball. Before the game, I had the honor to interview center “Stretch” Middleton and guard “Handles” Franklin. ...

February 10, 2012 6 Photos 1 Story
Shelter Documentary

On Thursdaythe Good Samaritan Outreach Shelter for Men was featured in a documentary by the First United Methodist Church in McAlester. Pictured from left is Thursday. Pictured from left is Chris Symes associate pastor of the First Methodist Church, Stephen LeFlore shelter director and Bill Derichsweiler shelter treasurer.

February 9, 2012 1 Photo
Man involved with recent meth lab explosion pleads guilty
A McAlester man who was recently involved with a local meth lab explosion pleaded guilty Friday in Pittsburg County District Court.

February 9, 2012 4 Photos
More Local News Headlines

It's awards season? Which 85th Academy Award nominated movie for Best Picture is your fave?

Local News

Search Results

Lawsuit discussed behind closed doors

It's awards season? Which 85th Academy Award nominated movie for Best Picture is your fave?

Site Map

Contact Us