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Crime & Courts
 HOME : NEWS : CRIME & COURTS

Published Tuesday, October 31, 2000

Police say crash resulted from trucker's fatigue

  • The July 19 accident on I-580 killed one passenger and left the car's other occupants with physical and emotional wounds

    By Scott Marshall
    TIMES STAFF WRITER


    MANTECA -- Sven and Liz Rafferty moved a year and a half ago from San Jose to Manteca in search of a lower mortgage, wide-open spaces and a close-knit neighborhood where they could raise a family.

    They weren't alone. Three other families made the move with them about the same time to the same quiet neighborhood -- and the promise of a new chapter in their lives. Liz got pregnant, and so did one of her friends who made the move, Christine Watts -- the first child for each. They planned for the future. They even considered starting their own neighborhood-based Bible fellowship.

    The only sticking point to their plan, as it is to thousands of other Bay Area people who make similar moves, was the commute. Liz would typically rise at 3 a.m., and Sven at 3:30; they would pick up Christine for what would be a 76-mile, one-way trip to Sven's tech job in Palo Alto, dropping the women off at their jobs in Sunnyvale.

    That commute nearly killed the Raffertys -- and it did kill the 26-year-old Watts and her unborn baby.

    All of their lives were indelibly altered on July 19. About 4:45 a.m. that day, the three, riding in a dark green 1997 Volkswagen Jetta, were stopped on Interstate 580, east of Interstate 680 and west of Hopyard Road, when a 2000 Volvo tractor-trailer driven by Larry E. Milliron, whose 71,150 pound-rig was loaded with carpet, struck them at a speed that could have been 55 mph to 65 mph.

    Watts was pronounced dead at the scene at 5:02 a.m. Her widower, Jason, still can't talk about it.

    The Raffertys and Jason Watts have since sued Milliron and his employer, Watkins & Shepard, a trucking company based in Missoula, Mont. In the suit, they allege Milliron had been cited for speeding April 8, 1999, and Feb. 12 of this year. Milliron has pleaded not guilty. Milliron's attorney, Daniel Russo of Vallejo, did not return a telephone call.

    Watkins & Shepard corporate secretary Ken Crippen said he could not comment on the suit or the criminal charge pending against Milliron. But he did say the company had only had only one similar accident previously and that safety is a priority. "We take it very seriously," he said.

    Milliron told California Highway Patrol investigators that the Raffertys' Volkswagen moved directly in front of him, and that he began to slow and then struck it when the car slowed suddenly.

    A witness told the CHP Milliron's big rig passed him and then veered into his lane, forcing the witness to the shoulder to avoid a collision. After veering in front of him, that witness told the CHP, Milliron then struck the Volkswagen.

    The CHP quoted Milliron as saying he made the Los Angeles to Hayward trip three times a week and was aware early morning commute traffic slowed at the Interstate 580-680 interchange.

    Sven, meanwhile, began a fight for his life. He suffered concussions to the back and right side of his head, his upper-left arm was shattered (a titanium rod was later inserted), his right collarbone was broken and his lungs were severely injured. "It still hurts to sneeze," he said.

    "For three days, they didn't know if he would walk," Liz recalled, because of nerve damage in his back and because three vertebrae were broken. He spent nine days in the intensive-care unit at Eden Medical Center and seven more at a hospital in Manteca. Family and friends helped feed them and run their errands until they recovered enough to take their lives back.

    Sven was given medication that erased his memory of the crash. "It's not hard to drive by the accident spot," said Sven, which he does two days a week (he telecommutes three days a week). "What's hard for me is knowing Christine's gone," Sven said. "I didn't even get to say good-bye," because he couldn't leave the hospital for her funeral.

    "It's exactly the opposite for me," Liz said. "I'm scared when he gets into a car. So, I'm really trying to trust God."

    The investigators soon found out that although Milliron, 56, listed his address as Sheridan, Wyo., he lives in Benicia with his family. They also discovered his California driver's license had been suspended in 1996, although he had a valid Wyoming license.

    The CHP concluded Milliron was fatigued when the crash happened, and arrested him on suspicion of vehicular manslaughter. He was later released from Santa Rita Jail after posting bail.

    When Milliron appeared in court days later for arraignment, Alameda County Superior Court Judge Ronald Hyde ordered him back into custody in lieu of $100,000 bail. Hyde later lowered Milliron's bail to $50,000 but ordered that he not drive in California.

    Scott Marshall covers crime and courts. Reach him at 925-847-2164 or smarshall2@cctimes.com.

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