Concrete Momma

A forum for the Washington State Penitentiary, located in Walla Walla

Tuesday, February 15, 2011

Hit and Run in America & Vehicular Murder

Hit and Run Laws in USA:
In Texas, the crime is a third degree felony if the accident involves a fatality or serious bodily injury. Accidents causing less serious injuries are punishable by imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year and/or a fine not to exceed $5,000. Accidents causing $200 or more in total damages without injuries are punishable by a class B misdemeanor, and accidents causing less than $200 in total damages are a class C misdemeanor.



Murder charge filed in hit and run that killed child


Posted by: John Shryock

CONECUH CO., AL (WSFA) - A murder charge has been filed against a man whom authorities say slammed a truck into the back of a car carrying children. The man then stole another truck before fleeing the scene.

Authorities arrested Calvin Fluker, Jr., 61, whom they say crashed his pickup truck into the back of the 2007 Pontiac Grand Prix that was carrying mother Kim Kirksey, 32, and her children Kortlann, 7, and Dawson, 10 as they traveled to Sparta Academy.

Dawson Kirksey, who was sitting in the backseat of the car, was fatally injured in the crash. His mom and sister were transported with unknown injuries to a hospital in Pensacola, Florida.

Kirkland's Pontiac was stopped in the roadway on Brooklyn Road (Conecuh County Road 42) at the direction of a paving crew flagman. It was at that point that Fluker's Dodge Ram slammed into the rear of her car.

A flagman said immediately after the crash that Fluker physically assaulted him and stole his work truck. The suspect then fled the scene.

The Evergreen Police Department caught Fluker about a mile and a half from the scene on County Road 42. He was taken to Evergreen Medical Center to be checked out after he crashed the second vehicle.

At just before 4:00pm Alabama State Troopers served Fluker with a warrant charging him with murder. The suspect is being held at the Conecuh County Jail on a $500,000 bond. Officers said other charges may be filed pending further investigation.

Wayne Hammonds, Headmaster at Sparta Academy, confirmed Dawson Kirksey was in the 5th grade, while Kortlann is in the 1st grade. Sparta Academy brought in councilors and ministers Monday to assist in the process of grief counseling.

Hammonds said memorial services were not immediately known.

Hit and Run Laws in Washinton

RCW 46.52.020

Duty in case of personal injury or death or damage to attended vehicle or other property -- Penalties.

(1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.

(2)(a) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property must move the vehicle as soon as possible off the roadway or freeway main lanes, shoulders, medians, and adjacent areas to a location on an exit ramp shoulder, the frontage road, the nearest suitable cross street, or other suitable location. The driver shall remain at the suitable location until he or she has fulfilled the requirements of subsection (3) of this section. Moving the vehicle in no way affects fault for an accident.

(b) A law enforcement officer or representative of the department of transportation may cause a motor vehicle, cargo, or debris to be moved from the roadway; and neither the department of transportation representative, nor anyone acting under the direction of the officer or the department of transportation representative is liable for damage to the motor vehicle, cargo, or debris caused by reasonable efforts of removal.

(3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person, or involving striking the body of a deceased person, or resulting in damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.

(4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in death is guilty of a class B felony and, upon conviction, is punishable according to chapter 9A.20 RCW.

(b) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in injury is guilty of a class C felony and, upon conviction, is punishable according to chapter 9A.20 RCW.

(c) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident involving striking the body of a deceased person is guilty of a gross misdemeanor.

(d) This subsection shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying with this section.

(5) Any driver covered by the provisions of subsection (2) of this section failing to stop or to comply with any of the requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith.

(6) The license or permit to drive or any nonresident privilege to drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of failure to stop and give information or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department.

(7) If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.

[2002 c 194 § 1; 2001 c 145 § 1; 2000 c 66 § 1; 1990 c 210 § 2; 1980 c 97 § 1; 1979 ex.s. c 136 § 80; 1975-'76 2nd ex.s. c 18 § 1. Prior: 1975 1st ex.s. c 210 § 1; 1975 c 62 § 14; 1967 c 32 § 53; 1961 c 12 § 46.52.020; prior: 1937 c 189 § 134; RRS § 6360-134; 1927 c 309 § 50, part; RRS § 6362-50, part.]

RCW 9A.20.020

Authorized sentences for crimes committed before July 1, 1984.

(1) Felony. Every person convicted of a classified felony shall be punished as follows:

(a) For a class A felony, by imprisonment in a state correctional institution for a maximum term fixed by the court of not less than twenty years, or by a fine in an amount fixed by the court of not more than fifty thousand dollars, or by both such imprisonment and fine;

(b) For a class B felony, by imprisonment in a state correctional institution for a maximum term of not more than ten years, or by a fine in an amount fixed by the court of not more than twenty thousand dollars, or by both such imprisonment and fine;

(c) For a class C felony, by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than ten thousand dollars, or by both such imprisonment and fine.

(2) Gross Misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.

(4) This section applies to only those crimes committed prior to July 1, 1984.

[1982 c 192 § 9; 1981 c 137 § 37; 1975-'76 2nd ex.s. c 38 § 2; 1975 1st ex.s. c 260 § 9A.20.020.]

RCW 9A.04.080
Limitation of actions.

(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

(a) The following offenses may be prosecuted at any time after their commission:

(i) Murder;

(ii) Homicide by abuse;

(iii) Arson if a death results;

(iv) Vehicular homicide;

(v) Vehicular assault if a death results;

(vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).

Thursday, February 3, 2011

General Info About (WSP)

The Washington State Penitentiary (WSP) is a 2,000 bed facility located north west of downtown Walla Walla. The facility is divided into four seperate units, each of which houses a different custody level of offender. Currently, construction is underway at the pen: a new, stand along health care building is constructed, and several older facilities are being replaced.

WSP employs approximately 906 people, including 506 uniformed employees. In total, there are 96 different staff job classifications.

Religious services are provided by two full-time ordained clergy, and there are over 400 volunteers.

The WSP uses a television station, KWSP, as a communication link between inmates and administrators.

Wednesday, February 2, 2011

Correctional Officer Position

The following is directly from the Washington State's Department of Corrections and is currently an open position at the pen. I posted the whole thing for those who are interested, but bolded what I found most interesting.


Corrections and Custody officer 1 (CO1) On-Call

Washington State Penitentiary (WSP)


The Washington State Department of Corrections is seeking highly motivated and talented individuals for the positions of on-call Correctional Officer 1 at the Washington State Penitentiary (WSP) in Walla Walla, WA. The Washington State Penitentiary is staffed 24 hours a day, 7 days a week. These are on-call/intermittent positions with no minimum hour guarantee.


Whether the work is inside a prison, in community corrections, or in an administrative office, the Washington State Department of Corrections professional staff experience a high degree of personal satisfaction knowing they are creating environments in which all offenders can learn to make choices that contribute to a safer society.

Duties:
This job class is designated as in-training. The Employee will advance to CO2 after satisfactory completion of the CO1 training requirements.

In an adult correctional facility, Correctional Officers provide safety and security, and assist in controlling, directing, and monitoring the activities and movement of adult offenders. This includes maintaining security of the institution and controlling movement into, out of and within the institution in accordance with established department methods and procedures.

Correctional Officers are expected to be a positive role model for offenders and work to help them become productive members of society from the day they arrive under supervision. Correctional Officers use psychology and good communication skills to correct and counteract criminal thinking of offenders while maintaining safe confinement environments for offenders to pursue a successful re-entry into communities. The successful candidates for Correctional Officer 1 will posses creative thinking, self-confidence, strong role-modeling and good conditioning.

Correctional Officers must successfully complete Correctional Worker Core (CWC), a six-week academy for all correctional workers employed in DOC prison facilities. We know that managing difficult people takes more than force. It takes observation, knowledge, skills and continual practice. Every DOC employee is provided with initial training designed to help assure safe working conditions. In addition, officers participate in the Correctional Officer Achievement Program (COACH), a unique in the nation, comprehensive, year-long, structured on-the-job training program for new correctional officers. In COACH, new officers continue to build on the skills and knowledge they learned in the CWC. With the supervision and coaching of Correctional Sergeants and Job Coaches, new officers gain competency and fluency in the core skills needed to perform duties of a correctional officer. 46 college credits are earned during CWC and COACH.

For more information on CWC visit http://www.doc.wa.gov/jobs/cwc.html

For more information on COACH visit http://www.doc.wa.gov/jobs/coach.html

Qualifications:
Graduation from high school or GED AND a valid driver's license.


Note: The ability to carry a firearm is required; pre-employment process includes drug testing and psychological evaluation.


Supplemental Information:
'The mission of DOC is to improve public safety.'



For additional information about the Department of Corrections, please visit www.doc.wa.gov.

Due to the economic downturn and subsequent state budget short-fall, the Governor has ordered mandatory unpaid temporary layoffs for employees. This position may be required to take temporary layoffs on up to ten scheduled work days during the fiscal year July 2010 – June 2011.

IMPORTANT NOTES:

· Please include a minimum of three professional references with your application. The Department of Corrections defines a professional reference as an individual who has been paid to supervise your work and can attest to your work performance, technical skills, and job competencies. If you do not have any or sufficient professional references, please include non-related professionals, such as educators or other professional associates.

· All Department of Corrections employees are fingerprinted for a criminal history background check.

· Employees work with offenders in a potentially hazardous setting. Please consider this when deciding whether to apply.

· Tuberculosis is a priority health issue for Department of Corrections' employees. A baseline TB skin test is required prior to employment for all health care providers and those staff who supervise offenders. Testing is voluntary for all other employees. When positive tests result, further information, testing and treatment may also be required. Employment is not contingent upon test results.

· If this position is included in a Union Shop, employees will be required to become members within thirty (30) days of employment.

The Department of Corrections is committed to hiring individuals who possess core diversity competencies. DOC is an equal opportunity employer and does not discriminate on the basis of race, creed, color, national origin, sex, marital status, sexual orientation, gender identity diversity, age, honorably discharged veteran, veteran status, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability. Persons requiring reasonable accommodation in the application process or requiring any information in an alternative format may contact 888-727-9925 or TTY format at 360-664-6211.

For questions about this recruitment, please email aaponti@DOC1.WA.GOV or call us at (509)524-7643.

Saturday, January 29, 2011

Whitman College Prison Research Group

Maybe we could attend this before class on Monday:

The first meeting of the spring semester of the WCPRG will take place on Monday January 31, 2011, at noon, in the Reid Student Center basement room G02.
Pizza is provided (you need to provide your own beverage).

The Whitman College Prison Research Group (see http://www.wcprg.org) is a longstanding campus/community organization that is concerned with issues of criminal justice generally, and our nation’s prison system in particular.

We meet approximately once a month over the course of the entire year, and “membership” in the group is informal and fluid. At many of our meetings, we are privileged to have officials from the Washington State Penitentiary and/or some of the other criminal justice organizations in Walla Walla in attendance.

We routinely tour several correctional institutions in the area – including the Washington State Penitentiary – during the year.

Feel free to tour the website and/or send comments, questions, and inquiries to the email listed below. There is information on the website if you wish to join the listserv.

Thanks for your time.

info@wcprg.org

Dr. R. Pete Parcells
Department of Economics
Whitman College

Thursday, January 27, 2011

Transcript of families' remarks at Ridgway sentencing

The following are excerpts of families' remarks at the historic trial of the Green River Killer in 2003:

Helen
Naon, mother of victim Constance Naon:

I believe we've been sold by the prosecutor for not giving us the justice that we could expect. I believe also that he made the deal because of so many that were unknown. I have a very unpopular opinion. Sometimes unpopular opinions are the truth. I believe had the investigations gone right in the last 20 years, many of us would not be in this court today. I believe we still are victimized by some politically ambitious careers. The self-proclaimed heroes have put the victims and their families on a shelf. At our expense, they come forward.

Our lives have been run havoc from the news media. We have been maligned. We've been referred to as low-class, uneducated people. I for one resent that. They have no respect. They twist the facts. I have not read a newspaper since 1983 for that reason -- until Nov. 5. I don't take phone calls, even though as late as last night, news media did call, expecting us to respond to them with no thought. Again we are victimized. Now will come the blood writers who will make tons of money on our suffering. There's no closure. It goes on forever. I cannot forgive this man, it is not within my power. That I have to leave up to God. ...”



Jody Norman, mother of victim Shawnda Summers:

"When the plea bargain, did anybody notify me? No. There shouldn't have been no plea bargain. The first six girls they found, and you got the death penalty. That should have been enough. As far as the families, don't you think that we knew that you was responsible? And if you had gotten the death penalty -- there should be no appeal. I'm a taxpayer. I feel that I have had to take care of you and all your lawyers. How do you think the other families feel...?"



Letter read in court from a sister of victim Kimi-Kai Pitsor:

"Mr. Ridgway, I would like you to know that I have forgiven you and your acts concerning my sister….

Members of the media, I cannot forgive your actions. Since the beginning of the investigations of these murders, you have chosen to sensationalize and forever damage the names and families of Mr. Ridgway's victims. Why? I ask. The answer has always been to make money.

People will write letters, books, magazines and newspapers and documentaries again for the dollar. This will be done with no thought to the victim's families and their suffering.

We too need dollars for simple things like headstones and memorials so these children and young women will not be forgotten. One day soon, my sister will have her headstone.”



Original transcript can be found at
Seattle PI.

Victims' Families face Green River Killer in Court

By TRACY JOHNSON, ELAINE PORTERFIELD, VANESSA HO AND HECTOR CASTRO
SEATTLE POST-INTELLIGENCER REPORTERS

They called Gary Leon Ridgway an animal, an evil creature, a coward and a parasite, as well as a terrorist and a son of a bitch. They said he was the kind of garbage he considered his many young victims to be.


RELATED LINKS

- Transcript of families' remarks
- Photos from the hearing
- Several documents in Gary Ridgway's sentencing, including the judgment and statements by Ridgway and his family, are on King County's Web site.

Some of the slain young women's relatives were able to forgive him, and some said they couldn't possibly. Not yesterday, when a judge sent the Green River Killer to prison for 48 consecutive life terms. Not ever.

"Never in a million years did I think I would be standing up here, facing the man who killed my mother," said Sarah King, who was just 5 when Carol Christensen disappeared in 1983. "You're a coward. You have useless excuses for what you have done and no remorse."

Yesterday, relatives of 20 of the young women Ridgway killed during the past two decades finally got the chance to confront him in a historic sentencing hearing in King County Superior Court.

The 54-year-old Auburn truck painter turned toward each one, though not always meeting their gaze as he occasionally sniffled and wiped away tears. He later said he was sorry "for killing all those young ladies."


Ridgway

ZoomAP

Gary Ridgway apologized "for putting a scare in the community" and will spend the rest of his life in solitary confinement for murdering 48 women.

In slow, halting words, the convicted serial killer apologized "for the scare I put in the community." He called his acts "horrible" and said that he "tried for a long time" to stop killing.

Judge Richard Jones asked Ridgway to turn in the crowded courtroom and look at the tearful faces of the dozens of people he left devastated.

"As you spend the balance of your life in that tiny cell, surrounded only by your thoughts," Jones said, "please know the women you killed were not throwaways or pieces of candy in a dish placed upon this planet for the sole purpose of satisfying your murderous desires."

The judge read the 48 victims' names as he gave Ridgway a life sentence for each murder.

Ridgway pleaded guilty last month, agreeing to trade information about the slayings in a plea deal that spared him from execution.

Though his sentence was expected, the emotional hearing wrapped up the longest ongoing serial murder investigation in the nation's history.

It also let the victims' families tell Ridgway that the young women he strangled and dumped along the now-notorious river or in wooded ravines -- these same women who Ridgway has referred to in interviews with detectives as garbage -- meant everything to them.

Some spoke in calm, measured words. Some wept. Some vowed to remove Ridgway's face from the dear memories of the young women they hold tight in their minds.

Several invited Ridgway, a slim man with dark-framed glasses, to "rot in hell."


Green River Killings
Maps, photos
more headlines

Some said they were glad he would wake up each day of the rest of his life in prison, perhaps living in fear of his fellow inmates because of his notoriety.

Others fumed that he would not face the death penalty, a decision that King County Prosecutor Norm Maleng said he reached to force Ridgway to reveal whom he killed and where he'd hidden some of the bodies.

"The same lives that you took seem to be the same lives saving yours," said victim Shawnda Summers' sister, Sharse Woods-Summers. "I find that very ironic."

Relatives described the young women whose lives ended abruptly in Ridgway's deadly grasp. Some wanted him to know about them. Some were certain he wouldn't care.

Debra Estes had a bright smile, dreamed big and loved horses, just an "immature teenager trying to find her way in life," according to her mother and sister.

Mary Meehan was an artist who was eight months' pregnant and, according to her brother Dennis, "tough, outspoken and wild."

Christensen left behind the little girl who waited and waited in 1983, then learned on Mother's Day that she was never coming home.

Patricia Barczak goofed around as a child by putting olives on her fingers and dreamed of someday owning a bakery where she could craft beautiful wedding cakes.

Shirley Sherrill was once on the drill team and loved to dance.

Opal Mills was once the chubby-cheeked, pigtailed little girl who dreamed of buying a big house where she could watch cartoons and stay up as late as she wanted.

Her brother, Garrett, recently went to the banks of the Green River in Kent, where his 16-year-old sister's body was found in 1982, and began to cry. He said he feels like he let her down.

He promised her on the first day of kindergarten that he would never let anyone hurt her.

As Ridgway listened in court, he appeared upset at times and broke down when the father of one of his victims offered forgiveness. It was Robert Rule, a white-bearded man with gentle eyes who works as a mall Santa Claus each year.

"Mr. Ridgway, there are people here who hate you," said Rule, whose 16-year-old daughter, Linda, was killed in 1982. "I'm not one of them. I forgive you for what you've done."

As Ridgway gazed at Rule, Ridgway's lips began to tremble. He started to cry and quickly turned away to wipe his eyes.

One of his attorneys, Mark Prothero, said it had been "a monumentally challenging case" and expressed sympathy to the victims' relatives. He said Ridgway was remorseful and even slightly relieved to be caught so that he wouldn't kill again.

But many in the courtroom didn't believe Ridgway felt sorrow, including Sheriff Dave Reichert, who spoke with the serial killer for the last time on Tuesday. He said Ridgway "has taken pride in what he's done, as sick as that sounds."

Reichert said he went to Ridgway in hopes that he'd spill more information. Reveal where he'd hidden the remains of more women. Confess that he tucked away a stash of "souvenirs" from the murders.

"He said he's told us everything, and he hasn't," Reichert said. "We know."

The sheriff said he also took the opportunity to tell Ridgway that "he is a cruel, cowardice monster, a killing machine."

He said Ridgway merely nodded.

Ridgway has two brothers, a grown son and an estranged third wife, who filed for legal separation after his arrest. None of his relatives came to court yesterday, but some expressed their sorrow in a letter read aloud by defense attorney Michele Shaw.

"Be assured that we were shocked to hear that Gary could do the things he has admitted to doing," they wrote. "Clearly, there were two Gary Ridgways."

They said the man they knew was hardworking and reliable and never seemed bent toward anger or ill will toward anyone.

"We had not seen anything that could be considered strange or abnormal," they wrote. "Had Gary shown anything that we thought was improper, we would have brought that to the attention of the authorities."

They, like the victims' relatives, have had to endure new details that have emerged in recent months. Ridgway began revealing details to the Sheriff's Office Green River Task Force earlier this year to spare his life.

He told detectives he killed so many women that he'd lost track. That he couldn't remember names or faces. That he picked up many of them along Highway 99 to solicit sex, then strangled them, usually by attacking them suddenly from behind.

In court yesterday, Mertie Winston told Ridgway that she hoped it was true -- that her daughter, Tracy, didn't have to look at him when she died.

She told Ridgway of the pain of not knowing where her 19-year-old daughter was for 16 years, only to finally have a few scant remains identified through DNA testing. She said her daughter actually knew Ridgway and talked about how he was trying to help her find a job.

"I think the one thing that bothers me, other than the fact that Tracy is gone from our lives, is that you don't remember her," Winston said, "and she thought of you as a friend."

Ridgway's professed lack of memory about the women also gnaws at Joan Mackie, the mother of victim Cindy Smith.

"Well, Mr. Ridgway, maybe you'll remember my daughter Cindy when the door slams on your face in prison," she said.

Relatives expressed gratitude toward investigators for hanging in there to finally solve the murders, and others seethed that it took so long. A few vented rage at the media for intruding into their lives in their most painful moments.

As the emotional hearing came to a close, some of the slain women's relatives felt some relief from the chance to give Ridgway a piece of their mind.

Jose Malvar Jr., whose 18-year-old sister, Marie Malvar, disappeared in 1983 and whose remains were found this year, said his spirit was lightened after he addressed the court.

"It helped a lot," Malvar said. "But I'm still not going to have closure until he's dead. I spoke from my heart. This time, he's not going to get the best of me."


Original article can be found at http://www.seattlepi.com/local/153212_ridgwaymain19.html.