> ADDITIONAL STORIES 
This Did Not Have To Happen
by Artis Knowles & Gary Howard Tom and I had been married 51 years. After raising three boys, we both retired with plans to travel and enjoy family and friends. On August 3, 2002, all that changed as we drove down Highway 57 in Lyon County, Kansas. We were going to Emporia, Kansas for my aunt's funeral. The service was in Emporia and the burial was at the cemetery in Olpe, Kansas. After the burial, we were all returning to Emporia for lunch. We were in a long line of cars, when suddenly and without any time to react, we were hit on the driver's side by a 26 year old man who had been driving at a very high rate of speed. After barely missing the car in front of us, which was occupied by several young children, he veered his Chevy Blazer into us. My husband Tom was killed instantly, as was the driver of the Blazer. I was life flighted to Wesley Hospital in critical condition after sustaining numerous internal injuries, a broken hip, a crushed heel, knee and wrist. I was semi-conscious off and on for more than a week. Because of the seriousness of my injuries, the hospital would not release me to go to my husband's funeral in Burlington. Instead, through an incredible act of compassion, they made arrangements with the Jones Funeral Home in Burlington to bring Tom's body back to the hospital in Wichita, so that I could see my husband one last time and to tell him good-bye. Not only did I have broken bones, I had a broken heart. I relive the crash over and over in my mind and I can still see the young man slumped over his steeringwheel, wild eyed and right at us. When people came to our car, moments after the collision, they were horrified by what they saw, but they were quick to help. The driver that hit us and lost his own life was Joshua West. His car burst into flames on impact. As it turns out, he was incapable of driving his vehicle in a safe manner, because, according to his autopsy report, he had a significantly high level of methamphetamines. I have compassion for Mr. West. His life was filled with self-destructive behavior and he was obviously addicted to alcohol and drugs. That was frustrating enough, but what I learned about his background and how he had been handled by the local court system before the crash, left me disappointed and angry. My husband, Tom, was such a kind and wonderful person. He was a highly decorated WWII veteran. All that knew him liked and respected him. The grandchildren are missing the little jokes he played on them and the support he always gave them in whatever they tried to do. I also learned that Joshua West was over 6 feet tall and weighed less than 120 pounds when he made an appearance in court. Didn't they consider that he was probably on drugs when he was in court and needed immediate help? Isn't the court supposed to protect us from people like Mr. West? Had he been jailed when he admitted, not to his first or second, but his third DUI arrest, where his blood alcohol tested .246 percent, my husband and Mr. West would still be alive today. I feel like the court system failed to do the things it should have done. Who is responsible? The person who should have been immediately locked up or the people who made the call to turn him loose on the community? You see, Joshua West was to be sentenced for his third DUI conviction, a felony, in Lyon County District Court on August 7, 2002. Mr. West had pled guilty on June 21, 2002 and was facing mandatory jail time, because his history of drunk driving was so severe, that the law required that he absolutely go to jail for not less than 90 days or more than one year. On the day that he pled guilty, the prosecutor, Michael Halleran, acknowledged that Mr. West's blood alcohol level tested .246, which is three times the legal limit by Kansas law. But instead of asking the court to take Mr. West into custody to begin serving his jail term, Mr. Halleran ignored Mr. West's multiple court convictions and the great risk he would pose to innocent people in the community and agreed that he should be out on bond until sentencing. Judge Merlin Wheeler agreed and allowed Mr. West to return to the community without any court supervision, treatment or other requirements. The court required nothing of him and I can only assume that this was based on the prosecutor's unwillingness to take a firm stand to protect the public from habitual drunk drivers like Mr. West. The message to Mr. West at his court hearing was to go ahead and continue what you are doing. I would like to thank everyone at Wesley Hospital and the Jones Funeral Home for all they have done for me. The people who provide immediate assistance at the accident scene were all so kind and helpful. I also want to thank the DUI Victim Center of Kansas for the help and support they gave me and my family. It is a great knowing they are there for people like myself who must endure enormous tragedy and loss through such senseless acts. The last action on the DUI case against Mr. West was an Order of Dismissal. The reason given for this action was "defendant deceased." A sad closing for Mr. West's life as well. |
