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From: hkhenson@home.com (Keith Henson)
Newsgroups: alt.religion.scientology
Subject: Ashlee Shaner CHP report
Date: Mon, 13 Aug 2001 02:08:31 GMT
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Sorry about the all CAPs in the first part, it came that way.  If
someone wants to fix it, be my guest The accident date was May 17,
2000 and the report was dated June 16, 2000.  I can provide scans of
this for anyone who wants them.  I left in the spelling errors. There
is one drawing which is essential to understanding the wreck.  I will
get it up somewhere as a .jpg right away.  The date of May 17, 2000
was a Wednesday for those who know what that means.  I didn't intend
to sit on this report after the charges against Nove were filed, but
other problems prevented me getting it scanned till now.

Keith Henson


FACTS:

NOTIFICATION:

AT APPROXIMATELY 2120 HOURS, I RECEIVED A RADIO CALL OF AN 11-79
(ACCIDENT, MAJOR INJURIES) AT THE LOCATION OF GILMAN SPRINGS RD. IN
FRONT OF GOLDEN ERA. THE RADIO CALL ALSO INDICATED THAT THIS COLLISION
INVOLVED A HIGHWAY CONSTRUCTION VEHICLE AND A PASSENGER VEHICLE. I
RESPONDED FROM BUENA VISTA ST. SOUTH OF WHITTIER AV. AND ARRIVED AT
APPROXIMATELY 2138 HOURS. UPON MY ARRIVAL, THE TRAFFIC LANES WERE
BLOCKED WITH V-1, V-2, THE AMBULANCE AND THE FIRE ENGINE. THE ACTUAL
LOCATION OF TIC COLLISION VAS STATE ROUTE (SR) 79 (GILMAN SPRINGS RD.)
WEST OF GOLDERN ERA; GOLDEN ERA IS LOCATED AT 19625 HIGHWAY 79.

ALL TIMES, SPEEDS AND MEASUREMENTS ARE APPROXIMATE. ALL MEASUREMENTS
WERE MADE BY PATROL VEHICLE ODOMETER, ROL-A-TAPE AND STEEL TAPE.

SCENE:

SR-79 (GILMAN SPRINGS RD.) IS AN EAST/WEST ORIENTED, STATE OF
CALIFORNIA MAINTAINED HIGHWAY. SR-79 AT THE COLLISION SCENE CONSISTS
OF 2 LANES OF TRAVEL. THE LANES ARE STRAIGHT WITH A GRADUAL CURVE IN
THE ROADWAY TO THE EAST AND A SLIGHT CREST OF A HILL TO THE WEST. THE
LANES ARE CONSTRUCTED OF ASPHALT. THE LANES ARE SEPARATED FROM EACH
OTHER BY A PAINTED DOUBLE YELLOW LINE. LOCATED TO THE SOUTH OF THE
ROADWAY IS A LEVEL DIRT SHOULDER. LOCATED TO THE NORTH OF THE ROADWAY
IS A LEVEL DIRT SHOULDER THE WEATHER WAS CLEAR AND SLIGHTLY COOL AND
THE MOON WAS FULL. T HERE WAS ARTIFICIAL LIGHTING IN THE AREA ON THE
FENCE ON THE NORTH SIDE OF THE ROADWAY. THERE WERE NO ROADWAY
OBSTRUCTIONS NOTED OR CLAIMED. ALTHOUGH THERE ARE YELLOW SPEED
ADVISORY SIGNS ON THIS HIGHWAY, THERE ARE NONE AT THIS PARTICULAR
LOCATION. (SEE FACTUAL DIAGRAM FOR FURTHER INFORMATION.)

PARTIES:

PARTY #1 (NOVE) (P-1) WAS LOCATED STANDING ON THE SOUTH SHOULDER OF
SR-79, JUST W ES T OF THE COLLISION SCENE UPON MY ARRIVAL AT THE
SCENE. P-1 WAS IDENTIFIED BY A CHECK CASHING CARD. P-1 WAS IDENTIFIED
AS THE DRIVER OF V- I AT THE TIME OF THE COLLISION BY HIS OWN
ADMISSION AND THE STATEMENTS OF WITNESS #2 (JOHNSON) AND WITNESS #5
(ESTEVANOVICH). THE PROJECT MANAGER OF THE TASECO CONSTRUCTION
COMPANY, JERRY. NOVE, ALSO STATED THAT P-1 WAS DRIVING V-1 AT THE TIME
OF THE COLLISION. THROUGH A DMV CHECK IT WAS DETERMINED THAT P- I HAD
AN EXPIRED DRIVER'S LICENSE SINCE 1992.

VEHICLE #1(CATEPILLAR FRONT LOADER) (V-11 WAS LOCATED ON ITS WHEELS
ENTIRELY BLOCKING THE W-1 LANE AND PARTIALLY BLOCKING THE E-1 LANE
FACING A SOUTHWEST DIRECTION UPON MY ARRIVAL. V- I HAD BEEN MOVED FROM
ITS ORIGINAL POINT OF REST PRIOR TO MY ARRIVAL ON SCENE. V- I
SUSTAINED MINOR DAMAGE TO THE BUCKET PORTION.' THERE WAS NO PREVIOUS
DAMAGE OR PRIOR MECHANICAL DEFECTS NOTED OR CLAIMED. THE BUCKET
PORTION OF V- I WAS STUCK IN THE FRONT OF V-2. THE HEADLIGHTS OF V- I
WERE ON, BUT THE FOUR-WAY FLASHERS HAD BEEN TURNED OFF BY P-1.

STATEMENTS (CONTINUED):

PASSENGER #1 (K. SHANER) (PASS-1) WAS CONTACTED AT THE SCENE AND ON
05-18-00 AT THE BEAVER MEDICAL CLINIC AND RELATED IN ESSENCE THE
FOLLOWING: PASS-1 WAS SEATED IN THE RIGHT FRONT OF V-2. SHE SAW V-1
HORIZONTAL ACROSS THE LANES AND HALFWAY IN THE E/B LANE. V-1 WAS
MOVING VERY SLOWWLY. THE YELLOW LIGHTS ON V-1 WERE BLOCKED FROM VIEW
BY THE BUCKET. PASS-I'S SISTER (P-2) SLAMMED ON HER BRAKES AND STARTED
TO SKID. PASS- I DUCKED DOWN IN HER SEAT AND CURLED UP WHEN HER SISTER
SAID HER LAST WORDS "OH GOD, NO". AFTER THE CRASH, THE GUY IN V-1
PULLED V-2 SIDEWAYS AND THERE WAS PIECES OF GLASS EVERYWHERE. THEN W-3
(A PASSENGER IN THE VEHICLE FOLLOWING V-2) RAN UP TO V-2 A-ND HELPED
PASS-1 OUT THROUGH THE WINDOW. PASS- I HAD A BUNCH OF GRAVEL IN HER
HAIR AND REMEMBERED SEEING BLOOD ALL OVER HER SISTER.

WITNESS #1 (ESTEVOVICH) (W-1) W-1 WAS CONTACTED AT THE SCENE AND
RELATED IN ESSENCE THE FOLLOWING: W-1 WAS DRIVING THE PAVER. V-1
PULLED ALONG SIDE PAVER AND MOTIONED FOR IT TO GO ACROSS THE TRAFFIC
LANES. SO, W-1 STARTED ACROSS THE E/B LANE. THEN V-1 STARTED ACROSS.
W- I ESTIMATED THAT P-1 HAD ENOUGH TIME TO MAKE IT ACROSS THE LANES.
PREVIOUSLY, FOLK CARS HAD GONE BY. BUT IT WASN'T ENOUGH TIME; W- I
ESTIMATED V-2 TO BE GOING IN EXCESS OF 60 MPH.

DURING A FOLLOW-UP CONVERSATION W- I STATED THAT V- I WAS STOPPED IN
THE LANE RATHER THAN MOVING. HE SAID "IF A FRONT LOADER WAS PARKED IN
THE STREET, WHAT WOULD A REASONABLE PERSON DO?" THE FRONT LOADER HAD
ITS TOP LIGHTS, HEADLIGHTS, AND FLASHERS ON. THE VEHICLE WAS VERY
BRIGHT. WE WERE MOVING 1/2 MILE DOWN THE ROAD (LATER DETERMINED TO
BE.3 MILES) TO THE EAST OF OUR ACTUAL WORK SITE. I WAS IN THE DIRT ON
THE SOUTH SIDE OF THE ROAD BEFORE THE COLLISION OCCURRED. THE PAVER
WAS ON THE SOUTH SIDE OF THE ROAD ALREADY (EAST LANE) WHEN THE
COLLISION OCCURRED. P-1 WAS ABOUT 12 FEET AWAY FROM ME, DIRECTLY NORTH
OF ME. IF P-2 WOULD HAVE SWEVED TO THE RIGHT, SHE WOULD HAVE HIT THE
PAVER. ANY KIND OF EXPERIENCED DRIVER WOULD HAVE STOPPED. W- I
SPECULATED THAT P-2 GOT UP AT 6 AM THAT MORNING TO GO TO SCHOOL AND
MAY HAVE BEEN TIRED FROM SUCH A LONG DAY. THE PAVER DID NOT HAVE ANY
LIGHTS ON AT THE TIME OF THE COLLISION. BUT THE PAVER WAS LITE UP FROM
V-1. V-1 HAD BEEN IN BACK OF ME THE WHOLE TIME. WE WERE BOTH MOVING AT
ABOUT 3-4 MPH. WHEN THE LOADER GOT IN FRONT OF ME, I TURNED LEFT TO
THE REAR OF IT. ONCE I WAS ON THE RIGHT SHOULDER, I HEARD AND SAW THE
CRASH. P-2 NEVER HIT HER BRAKES. WE WERE JUST DRIVING DOWN THE ROAD,
BUT WE WERE WORKING OFF THE ROAD.

WITNESS #2 (M. SHANER) (W-2) WAS CONTACTED AT THE SCENE AND ON
05-18-00 AT A RELATIVE'S RESIDENCE IN THE CITY OF CALIMESA AND RELATED
IN ESSENCE THE FOLLOWING: W-2 WAS DRIVING TO THE REAR OF V-2 AT ABOUT
50 MPH. W-2 ESTIMATED V-2'S SPEED TO ALSO BE ABOUT 50 MPH. THEY WERE
BOTH ON THEIR WAY HOME FROM BIBLE STUDY IN THE CITY. OF BANNING. BIBLE
STUDY HAD CONCLUDED ABOUT 8:30 PM: W-2 SAID P-2 LIKED TO DRIVE THIS
PARTICULAR WAY HOME (IN SAN JACINTO). W-2 AGREED TO FOLLOW V-2 IN
ANOTHER VEHICLE: W-2 SAID P-2 WAS A VERY GOOD DRIVER: W-2 COULD NOT
ACCURATELY ESTIMATE THE DISTANCE BETWEEN HER VEHICLE AND V-2. W-2 SAID
THERE WERE SOME LIGHTS ON IN THE AREA BUT NONE ON THE LOADER. W-2 SAID
THE LOADER WAS BLACK AND "YOU COULDN'T EVEN SEE IT." I ASKED W-2 IF

PARTIES (CONTINUED):

PARTY #2 (SHAKER) (P-2) WAS LOCATED IN THE DRIVER'S SEAT OF V-2 UPON
MY ARRIVAL AT THE SCENE. P-3 WAS IDENTIFIED BY A VALID CALIFORNIA
DRIVER'S LICENSE. P-2 WAS PRONOUNCED DEAD AT 2131 HOURS BY AMERICAN
MEDICAL RESPONSE (AMR) PARAMEDIC TIM MEDARIS. P-2 WAS ASSIGNED CASE
NUMBER 2000-2755 BY RIVERSIDE COUNTY SHERIFF'S DEPARTMENT (WEST
BUREAU) CORONER REBECCA MENDOZA (#N2883).

VEHICLE #2 (FORD MUSTANG) (V-2) WAS LOCATED ON ITS WHEELS IN THE E-1
LANE FACING A NORTHEAST DIRECTION UPON MY ARRIVAL. DUE TO V-2 BEING
STUCK TO THE BUCKET PORTION OF V-1, V-? HAD BEEN MOVED FROM ITS
ORIGINAL POINT OF REST PRIOR TO MY ARRIVAL ON SCENE. V-2 SUSTAINED
MAJOR DAMAGE TO ITS WINDSHIELD, HOOD, FRONT BUMPER, LEFT FRONT QUARTER
PAN-EL. LEFT FRONT TIRE, RIGHT FRONT QUARTER PANEL, BOTH HEADLIGHTS,
ROOF, LEFT DOOR, LEFT AND RIGHT WINDOW. THERE WAS NO PREVIOUS DAMAGE
OR PRIOR MECHANICAL DEFECTS NOTED OR CLAIMED.

ADDITIONAL INFORMATION:

ASSISTING OFFICERS FROM THE SAN GORGONIO PASS CHP AREA WERE J.
WISEGARVER 710111, J. HOWARD ;r 14715, D. NISHIMI # 13891, D. WATERS
#11069, K. WISEGARVER #11406 AND E. NOLTE #13889.

STATEMENTS:

PARTY #1 (J.NOVE) (P-1) WAS CONTACTED AT THE COLLISION SCENE BY
OFFICER J. WISEGARVER AND OFFICER C. MCCUNE AND RELATED IN ESSENCE THE
FOLLOWING: HE WAS FOLLOWING THE PAVER IN V-1 ON W/B 79 AT A SLOW
SPEED. P-1 STATED THAT THE TOP END SPEED FOR THE Pa VER WAS 4 MPH.
THEY HAD FINISHED WORK AND WERE IN THE PROCESS OF PARKING THE TWO
CONSTRUCTION VEHICLES ON THE SOUTHWEST END OF GOLDEN ERA'S PROPERTY.
NORMALLY. WORK CONCLUDES AT 1730 HOURS; HOWEVER GOLDEN ERA WANTED THEM
TO FINISH AS SOON AS POSSIBLE, SO THEY WERE WORKING LATE. P-1 HAD V-
I'S FLASHERS ON. DUE TO THE PAVER BEING A SLOWER MOVING VEHICLE, P-1
MOVED AROUND THE PAVER AND BLOCKED BOTH THE TRAFFIC LANES SO THE PAVER
COULD GO ACROSS THE TRAFFIC LANES. P-1 MOTIONED WITH HIS HAND FOR THE
PAVER TO GO ACROSS THE E/B LANE. WHILE P-1 WAS STILL STOPPED IN THE
TRAFFIC LANES, HE SAW TWO CARS APRROACHING HIS LOCATION IN THE E/B
LANE. HIS ESTIMATED THE CARS TO BE ABOUT FIVE CAR LENGTHS APART FROM
EACH OTHER. P-1 THOUGHT THE CARS WOULD GO INTO THE DIRT ON THE SOUTH
SIDE OF THE ROAD. BUT THE FIRST CAR (V-2) DIDN'T GO INTO THE DIRT;
INSTEAD THE FRONT OF V-2 HIT THE LOADER THE IMPACT BETWEEN V-1 AND V-2
TWISTED V-1 A LITTLE BIT. THE IMPACT ALSO CAUSED V-1 TO BE PUSHED BACK
A LITTLE BIT. ON 05-22-00 AT 1235 HOURS, AN ADDITIONAL STATEMENT WAS
OBTAINED FROM P-1: OFFICERS D. WATERS (# 11069) AND E. NOLTE (# 13889)
OBTAINED THE SUPPLEMENTAL STATEMENT. REFER TO PAGES 16-17 FOR FURTHER
INFORMATION.

PARTY #2 (A. SHAKER) (P-2) DID NOT PROVIDE A STATEMENT DUE TO HER
FATAL INJURIES.

STATEMENTS (CONTIUED):

SHE SAW ANY YELLOW LIGHTS COMING FROM V-LAND SHE SAID NO. W-2 COULD
NOT UNDERSTAND WHY THE BUCKET FROM V- I WAS SO LOW. W-2 SAW V-2'S
TAILLIGHTS IN FRONT OF HER AND THEN SPARKS FLYING AND THEN SUDDENLY
THE TAILLIGHTS WERE SIDEWAYS ACROSS THE LANE. W-2 SAID THERE MIGHT
HAVE BEEN SOME LIGHTS ON THE FENCE BORDERING THE ROAD. I ASKED W-2 HOW
FAST V- I WAS GOING AND SHE SAID "I DON'T KNOW". I ASKED W-2 IF V- I
HAD BEEN STOPPED AT THE TIME OF THE COLLISION AND SHE SAID "I DON'T
KNOW". W-2 DID NOT RECALL SEEING THE PAVER IN THE AREA. W-2 SAID THAT
THE LOADER STOPPED AFTER THE COLLISION AND THE DRIVER REMAINED IN THE
SEAT. W-2 DID RECALL SEEING SOME OTHER CONSTRUCTION VEHICLES ON THE
RIGHT SHOULDER, BUT NONE IN THE ROADWAY. W-2 SAID THAT THE FIRE
DEPARTMENT WAS THE FIRST TO ARRIVE AND THEN THE AMBULANCE.

WITNESS #3 (1i. LUGAN) (W-3) WAS CONTACTED AT THE SCENE AND ON
05-18-00 AT A FRIEND'S RESIDENCE IN THE CITY OF CALIMESA AND RELATED
IN ESSENCE THE FOLLOWING: W-3 ESTIMATED THAT THEY WERE FOLLOWING V-2
AT A DISTANCE OF 2-3 CAR LENGTHS. W-3 COULD NOT ESTIMATE A SPEED FOR
V-2 BECAUSE W-3 WAS BUSY TALKING TO W-2. W-3 DID NOT KNOW IF V- I WAS
MOVING OR STATIONARY BEFORE THE COLLISION.

WITNESS #4 B. SLOAN) (VV-4) WAS CONTACTED VIA TELEPHONE AND PROVIDED A
STATEMENT TO OFFICER K. WISEGARVER (#11046). W-4 RELATED IN ESSENCE
THE FOLLOWING: W-4 HAD BEEN TRAVELING W/B ON SR-79 AND HAD JUST PASSED
THE ENTRANCE TO GOLDEN ERA PRODUCTIONS W-4 WAS THE SECOND CAR TO
ARRIVE ON SCENE, IMMEDIATELY AFTER THE MOTHER OF P-2 ARRIVED ON SCENE.
THE DUST HADN'T EVEN SETTLED. W-4 SAW V- I ACROSS THE E/B LANE. W-.I
DID NOT SEE THE ACTUAL IMPACT, SO HE COULD NOT SAY WITHER V- I WAS
MOVING OR NOT PRIOR TO IMPACT. OFFICER K. WISEGRAVER ASKED W-4 TI
FOLLOWING QUESTION: 0. "WAS TIRE ANY OTHER VEHICLES IN THE AREA?" A.
"NO, THERE WERE NO OTHER VEHICLES IN THE AREA. I THINK HE (P-1) JUST
TURNED LEFT IN FRONT OF HER (P-2). I THINK THE CONSTRUCTION COMPANY IS
WAY WRONG; THERE WERE NO FLAGMEN OR CAUTION LIGHTS ANYWHERE."

WITNESS #5 (EVANS) (W-5) WAS CONTACTED VIA TELEPHONE AND RELATED IN
ESSENCE THE FOLLOWING: I WENT BY THE LOCATION AT 6:30 PM (W/B) AND
AGAIN AT 8:45 PM (E/B). BOTH TIMES THERE WERE TRUCKS WITH LIGHTS RIGHT
IN OUR FACES. TIRE WERE NO SIGNS (FOR EXAMPLE "REDUCE SPEED AHEAD" OR
"CONSTRUCTION ZONE") COMING OR GOING. IN THE CENTER DIVIDER AREA WERE
PEDESTRIANS WITH REFLECTIVE VESTS ON, BUT THAT'S ALL. W-5 SAID THIS
WAS "AN ACCIDENT WAITING TO HAPPEN. NO PRECAUTIONS WERE TAKEN." THERE
WERE PEOPLE AND EQUIPMENT EVERYWHERE HAULING GRAVEL AND ASPHALT.
GOLDEN ERA SHOULD BE MORE RESPONSIBLE. W-5 STATED "I FEEL VERY SORRY
FOR THAT LITTLE GIRL'S FAMILY, THEY HAD NO IDEA WHAT THEY WERE GETTING
INTO."

OTHER FACTUAL INFORMATION:

A PRE-COLLISION PROFILE FOR P- I WAS CONDUCTED. THE DAY BEFORE THE
COLLISION, P- I STARTED WORK AT 7:00 AM AT THE SAME JOB SITE LOCATION.
P- I WENT TO BED ABOUT 10:00 PM. HE SLEPT EIGHT HOURS AND AWOKE AT
6:00 AM. HE STARTED WORK ON THE 17"' AT 7:00 AM. HE

OTHER FACTUAL INFORMATION (CONTINUED):

HAD LUNCH (CARNA ASADA BURRITO AND A SOFT DRINK) AT 12 NOON. AT 6:30
PM, HE ATE SOME CHICKEN FOR DINNER. P- I HAD NOT CONSUMED ANY
ALCOHOLIC BEVERAGES OR DRUGS OF ANY KIND.

V- I HAS ADDITIONAL INSURANCE THROUGH ITS ACTUAL OWNER, WESTERN
EQUIPMENT. WESTERN EQUIPMENT'S INSURANCE CARRIER IS SENTRY INSURANCE
AND THE POLICY NUMBER IS 0169958. V- I HAD BEEN CONTRACTED OUT TO
TASECO CORPORATION AT THE TIME OF THE COLLISION. TASECO CORPORATION'S
INSURANCE CARRIER IS WESTCHESTER FIRE (THROUGH ELMCO INSURANCE) AND
THE POLICY NUMBER IS #GLS 644084.

P-2 HAS A PROVISIONAL LICENSE ISSUED TO HER ON 04-20-00. THE DETAILS
OF A PROVISIONAL FALL UNDER CALIFORNIA SECTION 12814.6 AND STATE IN
PART THE FOLLOWING: 12814.6 (a) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, ANY DRIVER'S LICENSE ISSUED TO A PERSON UNDER 18 YEARS OF AGE
SHALL BE ISSUED PURSUANT TO THE PROVISIONAL LICENSING PROGRAM
CONTAINED IN THIS SECTION. THE PROGRAM SHALL CONSIST OF ALL OF THE
FOLLOWING COMPONENTS: "... THE PERSON SHALL HOLD AN INSTRUCTION PERMIT
FOR NOT LESS THAN SIX MONTHS PRIOR TO APPLYING FOR A PROVISIONAL
DRIVER'S LICENSE . ...EXCEPT AS SPECIFIED IN SUBPARAGRAPH (C), DURING
THE FIRST SIX MONTHS AFTER ISSUANCE OF A PROVISIONAL LICENSE THE
LICENSEE SHALL NOT DO ANY OF THE FOLLOWING UNLESS ACCOMPANIED AND
SUPERVISED BY A LICENSED DRIVER WHO IS THE LICENSEE'S PARENT OR
GUARDIAN, A LICENSED DRIVER WHO IS 25 YEARS OF AGE OR OLDER, OR A
LICENSED OR CERTIFIED DRIVING INSTRUCTOR: ... TRANSPORT PASSENGERS WHO
ARE UNDER 20 YEARS OF AGE."

THE SPEED OF V-2 WAS DETERMINED TO BE 50 MPH. THIS SPEED WAS
DETERMINED BY THE PHYSICAL EVIDENCE AND STATEMENTS.

THE CONSTRUCTION/REPAIR WORK AGREED UPON BETWEEN GOLDEN ERA
PRODUCTIONS AND TASECO CORPORATION WAS BEING DONE.3 MILES EAST OF THE
COLLISION SCENE. THE ASPHALT WORK WAS NOT BEING DONE ON SR-79.
THEREFORE, CAL-TRANS WAS NOT NOTIFIED. ALSO, THE FACT THAT THERE WERE
CONSTRCUTION-VEHICLES ON THE HIGHWAY AT THE TIME OF THE COLLISION DID
NCT CONSTITUE CAL-TRANS NOTIFICATION, BECAUSE TASECO CORPORATION WAS
IN THE PROCESS OF PARKING THE CONSTRUCTION VEHICLES. HOWARD DEETS, A
CAL-TRANS LEAD-WORKER FOR THAT REGION, STATED THAT IF THE CONSTRUCTION
VEHICLES WERE GOING BACK AND FORTH ACROSS THE ROAD REGULARLY, THEN
THEY WOULD NEED TO CONTACT CALTRANS PRIOR TO DOING SO. BUT IF THEY
WERE IN THE PROCESS OF PARKING THE CONSTRUCTION VEHICLES AFTER WORKING
OFF THE HIGHWAY, THEN THAT WAS ALL RIGHT.

A GOLDEN ERA PRODUCTIONS VIDEO CAMERA IS LOCATED ON THE DIRT
EMBANKMENT ON GOLDEN ERA PRODUCTION'S PROPERTY TO THE NORTHEAST OF THE
COLLISION SITE. THE VIDEOTAPE WAS OBTAINED BY OFFICER D. NISHIMI
(#13891) ON 05-17-00 AND THE VIDEOTAPE WAS LOGGED INTO EVIDENCE.

OTHER FACTUAL INFORMATION (CONTINUED):

THREE ROLLS OF 24-EXPOSURE COLOR FILM WERE TAKEN BY OFFICER D. NISHIMI
(#13891) ON 05-17-00. THE PHOTOGRAPHS ARE INCLUDED IN THIS REPORT. TWO
ROLLS OF 12-EXPOSURE COLOR FILM WERE TAKEN BY OFFICER D. WATERS (#
11069). THE PHOTOGRAPHS ARE INCLUDED IN THIS REPORT.

VEHICLE BULBS FROM V-1 AND V-2 WERE OBTAINED BY OFFICER D. WATERS
(#11069) AND OFFICER K. WISEGARVER (# 11406). ALL THE BULBS
(HEADLIGHTS, FOUR-WAY FLASHERS, TAILLIGHTS, SIDELIGHTS) WERE INSPECTED
AND FOUND TO BE OF SATISFACTORY CONDITION AND IN GOOD WORKING
CONDITION. THE BULBS WERE LOGGED INTO EVIDENCE.

V-1 IS CLASSIFIED AS A CATERPILLAR FRONT LOADER. IT IS A CAT 950E
SERIES II, UNIT * 6838. THE PIN NUMBER FOR THE VEHICLE IS #4DJ02779.
THE SERIAL NUMBER FOR THE VEHICLE IS # 1 CK09273. V-1 IS YELLOW AND
BLACK IN COLOR WITH WHITE LETTERING. THE HEADLIGHTS ON V-1 ARE
POSTIONED 8 FEET OFF THE GROUND.

OPINIONS AND CONCLUSIONS:

SUMMARY:

P- I WAS TRAVELING IN V-1 AT 0-5 MPH IN A SOUTHWEST DIRECTION
DIAGONALLY ACROSS THE W/1 AND E/1 LANE OF SR-79 WEST OF THE MAIN
ENTRANCE TO GOLDEN ERA PRODUCTIONS. P-2 WAS TRAVELING IN V-2 AT A
SPEED OF 50 MPH IN THE E/I LANE OF SR-79 WEST OF THE MAIN ENTRANCE TO
GOLDEN ERA PRODUCTIONS. THE WEATHER WAS CLEAR, MILD AND CALM WITH GOOD
VISIBILITY. DUE TO V- I'S POSITION UPON THE ROADWAY, P-2 APPLIED HER
BRAKES UPON SEEING V-1 ACROSS THE LANE. P-2 WAS UNABLE TO STOP IN TIME
AND THE FRONT OF V-2 HIT THE FRONT OF V-1. UPON IMPACT, THE BUCKET OF
V-1 TRAVELED THROUGH AND ON TOP OF THE FRONT PORTION OF V-2 CRUSHING
ITS ENTIRE FRONT, TOP, LEFT SIDE AND DECAPIITATED P-2. AFTER THE
IMPACT, V-1 AND V-2 WERE STUCK TOGETHER. AFTER THE COLLISION, P-1
BACKED V- I UP IN A NORTHERLY DIRECTION BEFORE APPROXIMATELY 6-10 FEET
BEFORE BRINGING V-1 TO A COMPLETE STOP. AFTER THE COLLISION, V-2
REMAINED ATTACHED TO THE BUCKET PORTION OF V-1. BOTH VEHICLES CAME TO
REST ON ALL OF THEIR WHEELS, WITH V-1 FACING A SOUTHWEST DIRECTION AND
V-2 FACING A NORTHEAST DIRECTION. BOTH THE EASTBOUND TRAFFIC LANE AND
THE WESTBOUND TRAFFIC LANE WERE BLOCKED.

THE SUMMARY WAS ESTABLISHED BY PHYSICAL EVIDENCE AND STATEMENTS.

AREA OF IMPACT (AOI):

AOI #1 (V-1- vs - V-2) WAS LOCATED 712 FEET EAST OF MILEPOST MARKED
33.00 AND 6 FEET NORTH OF THE SOUTH ROADWAY OF SR-79.

THE AOI WAS ESTABLISHED BY PHYSICAL EVIDENCE AND STATEMENTS.

CAUSE:

P- I (HOVE) CAUSED THIS TRAFFIC COLLISION BY DRIVING V- I (CATEPILLAR)
IN VIOLATION OF SECTION 21650 V.C. (RIGHT SIDE OF ROADWAY, FAILURE TO
DRIVE ON). THIS V.C. SECTION STATES IN PART "UPON ALL HIGHWAYS, A
VEHICLE SHALL BE DRIVEN UPON THE RIGHT HALF OF THE ROADWAY..."

ADDITIONALY, P-2 IS IN VIOLATION OF 22350 V.C. (UNSAFE SPEED FOR
PREVAILING CONDITIONS). THIS V.C. SECTION STATES "NO PERSON SHALL
DRIVE A VEHICLE UPON A HIGHWAY AT A SPEED GREATER THAN IS REASONABLE
OR PRUDENT HAVINF DUE REGARD FOR WEATHER, VISIBILITY,

HE TRAFFIC ON, AND THE SURFACE AND WIDTH OF, THE HIGHWAY, AND IN NO
EVENT AT A SPEED WHICH ENDANGERS THE SAFETY OF PERSONS OR PROPERTY."
IT WAS DETERMINED THAT P-2 WAS TRAVELING AT A SPEED OF 50 MPH. DUE TO
THE TRAFFIC ON THE HIGHWAY AT THE TIME OF THE COLLISION, THIS WAS
DETERMINED TO BE AN UNSAFE SPEED. P-2 IS ALSO IN VIOLATION OF NOT
ABIDING BY THE RULES SET FORTH UNDER SECTION 12814.6 V.C. THIS V.C.
SECTIONS PERTAINS TO PROVISIONAL LICENSING FOR MINORS.

THE CAUSE WAS ESTABLISHED BY PHYSICAL EVIDENCE AND STATEMENTS.

RECOMMENDATIONS:

IT IS RECOMMENDED THAT A COPY OF THIS REPORT BY FORWARED TO THE
DISTRICT ATTORNEY' S OFFICE AND REVIEWED. UPON FINAL REVIEW OF THIS
REPORT IT IS RECOMMENDED THAT THE CALIFORNIA PENAL CODE (P.C.) SECTION
192 (VEHICULAR MANSLAUGHTER WITHOUT GROSS NEGLIGENCE) BE FILED AGAINST
P-1. THIS P.C. SECTION STATES IN PART "MANSLAUGHTER IS THE UNLAWFUL
KILLING OF A HUMAN BEING WITHOUT MALICE."

STATEMENTS:

Driver #1 (Nove) was contacted at his residence, 28925 Bay Avenue in
Moreno Valley, on May 22, 2000 at approximately 1235 hours by Officers
D. Waters #11069 and E. Nolte # 13889.

SUMMARY

Driver #1 (Nove) stated that he started work at 7:00 a.m. on the
morning of the accident, May 17, 2000, and planned to quit at
approximately 9.00 p.m. He related that he has been operating this
type of construction equipment, a Caterpillar 950 loader, for the past
twelve years during his employment with his father's construction
business. He had not taken any medication or consumed any alcohol
twenty-four hours prior to the collision and stated he was in good
health. He had been operating Vehicle #1,(950 loader) all day and
there were no mechanical defects that he was aware of. Prior to the
beginning of his shift he had conducted his normal morning maintenance
and pre-check.

Driver #1 stated that they had been paving a driveway on private
property in the entrance to the Golden Era compound a short distance
north of State Route 79. They had been working all day long in an
effort to complete the job and had completed the paving at
approximately 9:00 p.m. He planned to escort a paving machine from the
paving site to a location south of the roadway and approximately 113
of a mile west of the construction area so it could be loaded then
transported. Driver #1 positioned the loader, Vehicle n1, to the rear
of the paving machine, activated its four way flashers, and followed
the piece of equipment as it traveled west in the westbound lane of
State Route 79. He felt it was necessary to provide protection for the
paving machine due to the fact that it had no lights and moved at a
top speed of approximately 4 miles-per-hour. He had followed the
paving machine to a position just east of the large "Castle" when the
driver of the machine attempted to cross the roadway. At this time he
observed three or four vehicles traveling eastbound toward the
location of the paver, so the driver of the paver pulled back over
into the westbound lane.

Driver #1 stated at this time he passed the paving machine on the
right shoulder and continued into the roadway in a continuous move. He
then positioned the loader completely across State Route 79, at a
little less than a 45 degree angle to the roadway, with his lights and
flashers on. He felt that this would allow the operator of the paver
to cross the roadway from north to south. He stated that initially no
vehicles were approaching, then after approximately 25-30 seconds, he
observed two vehicles approaching from the west about a'/. of a mile
away. The vehicles came around the comer as the paving machine was
crossing the roadway. He estimated the speed of the vehicle's speed at
55+ miles-per-hour. As the first vehicle, Vehicle #2, got closer he
realized it wasn't going to stop because the second vehicle, a truck,
began to slow and the first vehicle didn't. He reasoned this because
of the increasing the distance between it and Vehicle #2. He stated
that he thought, "This car is never going to run into me, because I'm
in this big loader". When Vehicle #2 got closer he thought the vehicle
would swerve around him on the south shoulder. Driver #1 was worried
that Vehicle #2 would go around the loader and impact the paving
machine which at that time was just dropping off the south edge of the
roadway. So he looked toward the operator of the paving machine to
signal him and when he looked forward, Vehicle #2 slammed into the
bucket of Vehicle #1.

After the collision Driver #1 stated that he stopped the loader, put
the parking brake on, and left in the roadway. He contacted the paving
machine operator, and obtained a cellular phone and called 911. He
stated that Vehicle #2 was wedged under the loader's bucket against
the front wheels.

The following question were asked

Q. What lights were activated on the loader at the time of the
collision ? A. All the lights were on, the two on top of the cab, two
on the front fender and the flashers. But after the accident, when I
turn the key off the top lights "go out".

Q. Did you move the loader after the collision ? A. No, the impact
moved the loader back some distance, but I didn't drive it anywhere.

Q. Did you move the bucket after the collision ? A. No I didn't move
the bucket.

Q. What did the vehicle that hit the bucket do after the collision ?,
did it spin around ? =.. The vehicle just went straight in and
remained ' there.