BERLIN — State Delegate Mary Beth Carozza (R-38C) this week introduced legislation in the General Assembly that would increase the penalties for causing life-threatening injuries while operating a vehicle or vessel in the criminally negligent manner.
One year ago this week, a Stockton man drove through a work zone along a roadway in the south end of Worcester County, killing one county roads department employee and critically injuring another. The driver, Marion Jones, 60, of Stockton, was ultimately indicted on charges of manslaughter, criminal negligence manslaughter, negligent driving and reckless driving.
In August, Jones was found guilty of negligent driving and reckless endangerment and was fined $500 for each conviction. The vehicular manslaughter charges were not prosecuted. The case revealed a gap in current law when it comes to prosecuting individuals who cause life-threatening injuries with a vehicle in a criminally-negligent manner.
Worcester County State’s Attorney Beau Oglesby brought the gap to Carozza’s attention, pointing out the only penalty on the books for Jones and others who cause fatalities and life-threatening injuries with a vehicle was a motor vehicle citation carrying a maximum fine of $500. Carozza this week introduced House Bill 585, which would increase the potential penalties for causing life-threatening injuries while operating a vehicle or a vessel in a criminally-negligent manner to a maximum of two years imprisonment and/or a $5,000 fine.
Carozza said House Bill 585, which had a hearing before the House Judiciary Committee on Wednesday, was another example of an incident in her own district serving as a catalyst for new legislation.
“As I have testified in the past before this committee with last year’s bomb threat prosecution bill and a couple of weeks ago with the adult protective services investigations bill, I again bring you a legislative proposal that comes from my own constituents and their life experiences,” she said on Wednesday.
Around 1:20 p.m. last Feb. 22, Jones drove through a county roads department work site on Greenbackville Road in Stockton, killing Worcester County Public Works Department employee Scott Tatterson, 48, of Pocomoke, and critically injuring another county roads department worker Wade Pusey, 23, of Seaford. Pusey was flown to Shock Trauma in Baltimore where he stayed for five weeks and received multiple operations.
“In this case, we have two Worcester County roads workers, Scott Tatterson and Wade Pusey, who were struck by a driver who made a criminally negligent decision to drive knowing about his own inability to operate a vehicle,” Carozza testified on Wednesday. “The violent crash, which occurred on February 22, 2016, left Mr. Tatterson dead and Mr. Pusey with life-threatening injuries. Our local community still grieves the death of our friend, Scott Tatterson, and we continue to pray for the recovery of our friend, Wade Pusey, who is here with us today and still suffers from the injuries of this devastating crash.”
In emotional testimony before the House Judiciary Committee on Wednesday, Wade Pusey and his mother Sharon Pusey shared the physical and emotional toll the crash has had on their family.
“We spent every single day with Wade because at first we didn’t know if our son would make it as it was touch and go,” she said. “Wade ended up having five surgeries and we are still not sure if he will have any more for his left ankle.”
Carozza said House Bill 585 has been endorsed by the Maryland Chiefs of Police, the Maryland Sheriff’s Association and County Resident Action for Safer Highways (CRASH), an advocacy group that, among other things, has pushed for the dualization of Route 113 in Worcester County.
Oglesby and Deputy State’s Attorney William McDermott also testified on Wednesday. Current law does provide that manslaughter by vehicle through criminal negligence is a misdemeanor subject to a maximum of three years imprisonment and a $5,000 fine, but there was little on the books for those critically injured in accidents.
