Silver State won't be prosecuted

Republic-Silver State Disposal will not face criminal charges in the December death of two employees who were killed when a trash truck plunged down a 300-foot gully after running off a Mount Charleston road.

Nevada Highway Patrol investigators found that at the time of the Dec. 20 accident, 75 percent of the truck's air brakes were out of adjustment -- that is not making contact with the wheels to stop it.

The crash killed driver Larry Mitchell, 42, and co-worker Ilie Jones, 47.

Though it is difficult to accept, "not every terrible thing" is prosecutable, Clark County Deputy District Attorney Gary Booker said this morning.

"There are three levels of negligence -- ordinary, gross and criminal -- and this was not an incident where there was criminal negligence," Booker said. However, the families of the victims could still claim ordinary or gross negligence in lawsuits against the company.

"In this case, we looked at the facts and I talked it over with other attorneys (before making a decision)," Booker said. "That is why it has taken so long."

One of those consulting attorneys was his boss, District Attorney Stewart Bell.

Sharon Mitchell, Larry's widow, said she is disappointed but not surprised by the decision.

"I feel it is a case of the state backing a big business and not the individuals and families," she said.

Booker, chief deputy district attorney of the vehicle crime unit, said the recent rash of drunken-driving fatality cases that have inundated his office had no influence on the decision, nor did Silver State's high profile in the community.

"If this were a case of criminal negligence, we would prosecute it," Booker said.

Sharon Mitchell said state law allows big rigs like the one her husband was driving to have brakes no more than 20 percent out of adjustment, while her husband's truck was more than three times beyond that standard, according to the Highway Patrol investigation.

Lee Haney, spokeswoman for Silver State, said her company cannot comment on the case because of pending civil litigation.

Asked, however, about the general safety of Silver State trucks, Haney said: "We are proud of our maintenance policies and procedures."

The Highway Patrol reviewed Silver State's records on repairs, maintenance and inspections -- as well as other areas -- and passed that information on to the DA. Booker said nothing in those documents pointed to criminal negligence.

The accident inspection report showed there was no way Mitchell could stop his 38,880-pound truck as it was coming down State Route 158 shortly before 7 a.m., the Highway Patrol said. The truck crashed through a guard rail and went down the side of an embankment, killing both workers.

"The worst thing is that my husband gave 14 years of his life to that company, and they have not even offered to pay our garbage bill," said Mitchell, who filed lawsuit against Silver State on April 20.

"This is an emotional thing. They know they are at fault and should not be putting families through this. We need closure." Ed Koch

is a reporter for the Sun. He can be reached at (702) 259-4090 or by e-mail at [email protected]

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