Derek Myers, Editor-in-chief

ODOT's Fayette County garage located at 2231 US 22 Southwest in Washington Court House. Credit: State of Ohio

An Ohio Department of Transportation (ODOT) employee has resigned amidst allegations that he may have been drinking and driving earlier this month when he overturned a snowplow on a state highway.

Fayette Advocate was the only Fayette County news source at the scene in the early morning hours of February 3 when sheriff deputies responded to U.S. 41 near Civic Drive on a report of an overturned snowplow.

According to deputies, the driver went off the left side of the road, over-corrected and overturned spilling hazardous material onto the roadway.

The driver — whose name Fayette Advocate isn’t releasing because he hasn’t been criminally charged — made it safely out of the plow and dialed 9-1-1 with the assistance of a passing motorist. The driver wasn’t seriously injured.

The overturned snowplow closed a portion of U.S. 41 for several hours while crews worked to clean up the wreckage. ADVOCATE PHOTO/DEREK MYERS

The snowplow was towed from the scene by Barker’s Towing and Recovery and was taken to the county’s ODOT garage where it would be held until the state could determine what would be done with the wreckage.

According to top ODOT sources, once the plow was back at the county’s garage there were allegations that there may have been alcohol concealed in a plastic soda bottle inside the plow during the time of the crash, and that the bottle was later disposed of by an employee.

When Fayette Advocate learned of the allegations, we reached out to ODOT asking questions to find out if the allegations were true.

An ODOT spokeswoman wouldn’t comment on specific allegations but did say that the accused driver resigned as an employee on February 7 and that an administrative investigation is being conducted on the crash.

According to Fayette County Sheriff Vernon P. Stanforth, his deputies did not find any immediate indicators to indicate that alcohol may have been a factor in the crash. The driver, however, was cited for failure to control.

Fayette Advocate reached out to the accused driver but he declined to comment.

The investigation into the alcohol allegations is ongoing.

Stay with Fayette Advocate for the latest

Firefighters responded to a local business that went up in flames. ADVOCATE PHOTO/DEREK MYERS

A local family’s car business went up in flames early this morning and is a total loss after firefighters tried to get a large structure fire under control.

Firefighters responded to 1294 Zimmerman Road shortly after 6:30 a.m. and when they arrived, they immediately found themselves needing more manpower and water.

Fire departments from Washington Court House, Greenfield, Leesburg, and Wayne Township in Good Hope were requested to respond and assist firefighters in extinguishing the barn, which housed several vehicles.

The barn was a place of business for a local family who repairs, sells and transports automobiles.

It took firefighters over an hour to get the fire under control.

The cause of the fire was not immediately released.

VIDEO:

A Washington Court House man is in stable condition today after being brutally beaten and robbed by two unknown assailants while visiting a public library late Monday night.

Washington Court House police said that Phillip E. Armbrust, 61, of Washington Court House was sitting in his vehicle on the lot of the Carnegie Public Library at around 10:30 p.m. when he was approached by two unknown males.

The two males pulled Armbrust from his vehicle, assaulted him, and stole his cash, credit cards and laptop computer, according to police.

He was able to call 9-1-1 and initially reported that he had been shot in the face.

“His initial claim was that two males shot him in his head,” said Washington Court House Police Lieutenant Jeff Ruth.

When officers arrived on scene, they found that the victim wasn’t shot but instead was brutally beaten.

There are no suspects at this time

The police department continues to investigate the crime.

Stay with Fayette Advocate for the latest

Former Washington Court House police officer Tim Carver. Photo: Washington Court House Police Department

A former Washington Court House police officer who was found guilty of a misdemeanor count of improper handling of firearms and subsequently terminated from his job has been arrested for burglary.

According to the Highland County Sheriff’s office, former Washington Court House police officer Tim Carver, 30, 1021 John Street, used a sledge hammer to bust down the door of his ex-wife’s house on State Route 62 in Leesburg on Sunday.

“We believe forced entry was used to gain entry into the home,” said Highland County Sheriff Ron Ward. No one was home at the time of burglary, he said.

According to Ward, Carver made off with Victoria’s Secret Lingerie valued at over $300.

Fayette County Sheriff’s deputies arrested Carver a short time later at his Washington Court House residence.

Carver appeared in the Hillsboro municipal court on Monday and his bond was set at $30,000. If he makes bail, he would be required to be on electronic home monitoring.

In January 2011, Highland County Sheriff’s deputies were dispatched to a gas station in Leesburg, on a report of an auto accident.

When deputies arrived, they found Carver — who was employed as a patrolmen by the Washington Court Police Department at the time — inside the business.

Ward said that Carver appeared to be intoxicated and he was bleeding from his face. Deputies found firearms in the vehicle and Carver was placed under arrest.

On the same day, Carver’s wife filed a civil protection order against him, claiming that she feared for her life and her children’s lives.

Carver, who started at the Washington Court House Police Department in 2003, had his employment terminated.

He was sentenced to two-years probation and was found guilty of a misdemeanor count of improper handling of firearms.

His next court date for the burglary charge has been set for February 21 at 9:30 a.m.

A Fayette County Hospice employee is accused of committing theft and tampering with evidence after an investigation into missing money.

Fayette County Prosecutor Jess Weade confirmed to Fayette Advocate that Brenda Hall, 54, of Washington Court House was recently indicted for allegedly stealing from her employer, Fayette County Hospice.

According to their website, Fayette County Hospice is an organization who employs individuals to provide care to ill persons through emotional, physical and spiritual support.

“She was indicted by a Fayette County Grand Jury on two counts of theft and one count of tempering with records,” said Fayette County Prosecutor Jess Weade. All three charges are fourth degree felonies, he said.

According to the indictment, during Hall’s employment at Hospice, between January 2011 and April 2012 she allegedly stole “more than $7,500 but less than $150,000.”

Telephone calls placed to Hospice seeking comment were not immediately returned.

Her arraignment hearing is pending.

This week’s CITIZEN OF THE WEEK is: JENNY VANSLYKE!

Jenny is this week’s CITIZEN OF THE WEEK thanks to her endless hours of giving to the community and her genuine kindness for her fellow citizens.

Jenny is married to Adam, and they have two young girls, Kaylynn, 11, and Mckenzie, 8.

She is a state certified day care provider and she attends the Gathering Place Church in Washington Court House.

Each year, Jenny anonymously adopts a local family that is in need and helps provide Christmas with gifts and food for that family (not so anonymously anymore! haha).

Jenny’s biggest passion is being the co-captain for her Relay for Life team. Relay for Life is a huge fundraiser that raises money and awareness in the fight against cancer. She spends a lot of time and energy doing work and fundraisers for this great organization.

When asked about what motivates her to reach out to those less fortunate and to help others, Jenny stated, “I always just try to treat others how I would want to be treated. I put God first and everything else just falls into place”.

In her spare time, Jenny just keeps things simple, spending time with friends and family is what makes her the happiest, she says.

We, as a community, appreciate your efforts Jenny, and say “JOB WELL DONE!” Hopefully, others will be inspired by what you do and follow suit.

-Steve

Steve Armstrong is a local real estate agent for ERA Martin and Associates and is a correspondent for Fayette Advocate.

If you would like to nominate a citizen of the week, please email Steve at steven.armstrong@era.com.

William Noble

Ohio Attorney General Mike DeWine today announced the arrest of a Chillicothe man on child pornography charges and warned the community that some victims may be local children.

Agents with the Attorney General’s Bureau of Criminal Investigation (BCI) arrested William Noble, 48, yesterday after serving a search warrant at his home on North Pohlman Road in Chillicothe.

As part of Attorney General DeWine’s Crimes Against Children Initiative, BCI began investigating Noble after obtaining evidence that he disseminated and/or possessed child pornography in September.

“Agents confiscated several computers and other media devices from the suspect’s home, and those will all be thoroughly analyzed,” said Attorney General DeWine.  “An initial review of the evidence leads us to believe that this man may have been in possession of hundreds of photographs and videos.”

Investigators also have reason to believe that some of the evidence may contain images of local children taken without their knowledge.

“We are asking parents in Chillicothe to talk with their children and find out if they have had any contact with this suspect,” said DeWine.

Noble is currently in the Ross County Jail on eight charges of Pandering Obscenity Involving a Minor.  Officers with the Chillicothe Police Department are assisting with the investigation.

Anyone with additional information on this case can call the Bureau of Criminal Investigation at  855-BCI-OHIO or the Chillicothe Police Department at 740-773-1191.

Ohio Auditor Dave Yost

Auditor of State Dave Yost is pleased to announce that the Miami Trace Local Schools are one of the following entities that received the Auditor of State Award for their clean audit reports:

• Anthony Wayne Local School District (Lucas County)
• Bridgeport Exempted Village School District (Belmont County)
• Circleville City School District (Pickaway County)
• Covington Exempted Village School District (Miami County)
• Dalton Local School District (Wayne County)
• Frontier Local School District (Washington County)
• Miami Trace Local School District (Fayette County)
• South Central Local School District (Huron County)
• Wauseon Exempted Village School District (Fulton County)
• Yellow Springs Exempted Village School District (Greene County)

The Auditor of State Award is presented to local governments and school districts upon the completion of a financial audit.  Entities that receive the award meet the following criteria of a “clean” audit report:

• The entity must file timely financial reports with the Auditor of State’s office in accordance with GAAP (Generally Accepted Accounting Principles);
• The audit report does not contain any findings for recovery, material citations, material weaknesses, significant deficiencies, Single Audit findings or questioned costs;
• The entity’s management letter contains no comments related to:

  o Ethics referrals
  o Questioned costs less than $10,000
  o Lack of timely report submission
  o Reconciliation
  o Failure to obtain a timely Single Audit
  o Findings for recovery less than $100
  o Public meetings or public records

A full copy of these audits may be found online.

Southern State's Fayette Campus

Southern State Community College will host open house events in March on all four campus locations for high school seniors and anyone interested in learning more about becoming a Southern State student.

On Saturday, March 2, events will be held from 9-11 a.m. on South Campus (12681 U.S. 62, near Sardinia) and from 1-3 p.m. on Central Campus (100 Hobart Drive, Hillsboro). On Saturday, March 9, events will be held from 9-11 a.m. on Fayette Campus (1270 U.S. Route 62 SW, Washington C.H.) and from 1-3 p.m. on North Campus (1850 Davids Drive, Wilmington).

Attendees will learn about:

• Admission – With no mandatory grade-point averages or specific test requirements, it’s easy to apply for admission to Southern State.

• Financial Aid – Need assistance paying for college? You’ll be guided through the grants, loans, scholarships and work study opportunities available to students.

• Advising – A central resource while in college, advisors help students explore and declare a major, and assist with course selection.

• Tutoring – To help ensure students’ success, the Tutoring Center provides free, quality academic assistance.

• Career & Counseling Services – Need help clarifying your life and career goals? No worries. The college’s Office of Career & Counseling Services is here to help.

For more information, contact Sherry MacDowell at 1-800-628-7722, ext. 2515.

Above is the posted detour suggested by ODOT.

Washington Court House city officials announced this week that the next leg of the Leesburg Avenue project will commence on Monday resulting in a partial street closure.

At the Washington Court House city council meeting, the Washington Court House Service Director announced that Highland Avenue will be partially closing next week as crews continue working on a ten month project known as “The Leeburg Avenue Project.”

“Starting Monday the 18th, you’re going to see the Highland Avenue leg of the five-points shut down and could be down for as long as maybe ten days,” said Joe Burbage. “They’re going be taking the storm sewer up through the intersection, they’re going to be taking the sanitary up through the intersection. So, there will be two different pipes laid.”

Burbage addressed concerns from council members regarding the Court Street leg of the project taking longer than previously projected.

“They had ten days, and they have been given three days because of weather delays. Right now, I think they’re a day and a half or two days behind.”

Due to on-going excavation, there’s going to be times where citizens will not be able get out of their driveways, he said.

“Thanks to the citizens for helping us get the job done safely,” he added.

The construction project, known as “The Leesburg Avenue Project,” will widen Leesburg Avenue and U.S. 62 West from the five-way intersection near Kroger and Court Street to the Access Road on U.S. 35.

The project involves laying new sewer and sanitary lines, water lines, and new curbs and sidewalks.

According to officials, Leesburg Avenue is expected to reopen on November 30, 2013.

The Ohio Department of Natural Resources (ODNR) recently selected David Kohler as the executive administrator for wildlife management and research. Kohler, an ODNR Division of Wildlife employee for more than 20 years, was serving as the acting administrator for the sameposition.

“Dave has a strong background in wildlife and brings experience to this position from working in the field, the district office and now the central office,” said ODNR Division of Wildlife Chief Scott Zody. “He has done an outstanding job as the interim administrator during the past five months.”

Kohler replaces Dave Scott, who accepted a position with the U.S. Fish and Wildlife Service in 2012.

Kohler began his career with the ODNR Division of Wildlifein 1989 as a seasonal employee at Magee Marsh Wildlife Area and Crane Creek Wildlife Research Station. In 1993, he was hired as a technician at Fallsville Wildlife Area and was then promoted to area supervisor. Kohler served as an assistant wildlife management supervisor and from 2005-2012 he wasWildlife District Five’s wildlife management supervisor. In August 2012, he was named the acting executive administrator for wildlife management and research.

Kohler is a native of Gibsonburg and currently lives inWaynesville. He received a bachelor’s degree in wildlife management from The Ohio State University and participated in the National Conservation Leadership Institute.

ODNR ensures a balance between wise use and protection of our natural resources for the benefit of all. Visit the ODNR website at ohiodnr.com.

Ohio Attorney General Mike Dewine

(COLUMBUS, Ohio) – Attorney General Mike DeWine today joined 29 other states in announcing a $29 million settlement with Toyota Motor Corporation and its related North American entities over allegations Toyota concealed safety issues related to unintended acceleration. Ohio, a lead state in the investigation, will receive just over $1.7 million as a result of this settlement.

“When it comes to our vehicles, safety is the most important factor,” DeWine said. “This settlement will help better protect those on Ohio’s roads by ensuring greater communication within Toyota and more timely notification of the public if safety issues arise with its products.”

Toyota has agreed to pay $29 million to settle consumer protection claims and to provide vehicle owners additional restitution and incentives to promote compliance with unintended acceleration safety recalls. Toyota will be restricted from advertising the safety of vehicles without sound engineering data to support such safety claims.

Ohio’s total payment of $1,704,111.58 will go to the Consumer Protection Enforcement Fund to promote consumer protection efforts in the state. Ohio also will receive a Bosch Crash Data Retrieval (CDR) System, which provides pre-crash vehicle information from Toyota vehicles involved in crashes. Attorney General DeWine will provide the CDR system to the Ohio Department of Public Safety to help investigate accidents involving Toyota vehicles.

The settlement has been presented to the Franklin County Common Pleas Court for approval, along with a filed complaint in which the states allege Toyota engaged in unfair and deceptive practices when it failed to timely disclose known safety defects with accelerator pedals.

The investigating state Attorneys General determined that poor communication between Toyota in Japan and Toyota’s U.S. holdings was partially responsible for Toyota’s failure to timely report known safety issues. During settlement negotiations, the States emphasized changes in the corporate culture and chain of command to enhance Toyota’s responsiveness to regulatory agencies in the United States.

As a result, Toyota has agreed to significantly change the safety culture within the company’s U.S. operations. Toyota will ensure that officials and officers of its U.S. operations have timely access to information and the authority to participate fully in all decisions affecting the safe operation of Toyota vehicles advertised and sold in the United States.

The requested changes also will improve safety-related communication between Toyota’s U.S. holdings and Toyota’s other global holdings. The state Attorneys General believe the agreed changes will allow the company to address safety concerns with improved responsiveness.

Under the settlement, Toyota also is:

• Prohibited from reselling a vehicle it reacquired with alleged safety defects without informing the purchaser about the alleged defect(s) and certifying that the reacquired vehicle has been repaired;
• Prohibited from misrepresenting the purpose of an inspection or repair when directing consumers to bring their vehicles to a dealer for inspection or repair; and
• Required to exclude from the “Toyota Certified Used Vehicles” or “Lexus Certified Pre-Owned Vehicles” categories any vehicle acquired through lemon law proceedings or voluntarily repurchased by Toyota to ensure customer satisfaction.

Consumers can call Toyota at 800-331-4331 and Lexus at 800-255-3987 for more information.

In addition to Ohio, participating in today’s settlement are the following states and U.S. territory: Alabama, American Samoa, Arizona, Arkansas, Colorado, Connecticut, Florida, Illinois, Iowa, Kansas, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, and Wisconsin.

Complaint:

Toyota (PDF)

Two trucks collided in a head on accident near Miami Trace High School on U.S. 41. A third vehicle rear ended the white pickup. ADVOCATE PHOTO/DEREK MYERS

A head-on collision involving four vehicles shut down a highway for over an hour Thursday evening in Fayette County.

Fayette County Sheriff deputies responded to a report of a four vehicle accident on U.S. 41 at Bloomingburg New Holland Road, near Miami Trace High School shortly after six o’clock.

According to Sheriff Vernon P. Stanforth, a white Ford truck was traveling southbound on U.S. 41 in front of Miami Trace when an older model Chevy truck was pulling out of the high school parking lot.

The Chevy made a wide turn out of  the parking lot to travel northbound, causing the Ford to crash head on into the vehicle, according to Stanforth.

A Chevy cavalier rear-ended the Ford truck as a result of the crash, he said.

A fourth vehicle involved received minor damage after barely touching one of the vehicles.

At least one of the drivers were taken to Fayette County Memorial Hospital as a precaution. Their injuries appear to be non-life threatening.

The names of those involved were not immediately released.

The crash remains under investigation.

Southern State's Fayette Campus

The annual Appalachian Gateway High School Art Showcase open house will be held 6-8 p.m. Thursday, Feb. 28, on Southern State Community College’s South Campus, 12681 U.S. Route 62, near Sardinia. The gallery will open at 6 p.m., with the awards ceremony to begin at 7 p.m. The event is free and open to the public.

“We look forward to showcasing such a wealth of local talent from our region’s high schools,” said SSCC Instructor Jennifer Wenker, who is co-chairing the event with colleague Roy Carpenter. “The strength of our high school arts programs is evidenced by the strong craft and rich content present in projects assigned and submitted by so many wonderful high school art teachers in our region.”

All high school students currently enrolled in Adams, Brown, Clinton, Fayette and Highland counties are eligible to submit up to three works of original work to the annual exhibition and open house. The students’ artwork will be on display in the gallery for viewing from Feb. 19-28.

“In our present economy where so many schools have cut back on funding the arts, we feel it is critical to highlight the important role creative expression and divergent thought have on 21st century thinking,” said Wenker. “Creativity sparks innovation. Students involved in the arts think differently-more openly-and they offer unique points of view. Creative students spend more time thinking in the gray area before coming to a decision, because they understand that there are multiple ways of solving a problem.”

Categories include computer-generated art, commercial art, drawing (pencil, charcoal, pen and ink, scratchboard, ink wash, pastel, color pencil), fiber and fine art crafting (textiles, wearable art, batik, mask making, quilting, weaving, jewelry, enameling, ceramic pottery, book making, stained glass), painting (oil, acrylic, water media), mixed media (encaustic/hot glue, collage), photography (color, black and white, enhanced or altered), printmaking (block printing, mono printing, screen printing, etching), sculpture (wire and metal, carving, clay/ceramic, papier-mache, origami, installation, three-dimensional mixed media), and video or film production.

Awards will be presented for first, second, third and honorable mention in all categories, plus best-of-school awards and best-of-show awards. This annual exhibition and competition is juried by Wenker, Carpenter, Nancy Ache and Kristi Hall.

Art courses offered this semester at Southern State include Introduction to the Arts, Basic Drawing, History of Art, Oil Painting, Acrylic Painting, Stained Glass, Ceramics, Fused Glass Jewelry and Décor, Fused Glass/Metal, and Innovation & Creativity. To learn more about the fine arts exhibition schedule at Southern State, please visit www.sscc.edu/students/arts.shtmlor email jwenker@sscc.edu.

A graveside service for Sarah Frances Anschutz, 81, of Washington Court House will be held Wednesday, February 20, 2013 at 12 NOON in the Madison Mills Cemetery with Mell Wickensimer, director of visitation at the Grace United Methodist Church, officiating. Burial will be under the direction of the Kirkpatrick Funeral Home in Washington Court House.

Memorial contributions may be made to Hospice of Fayette County, Inc., P.O. Box 849 Washington C.H., Ohio  43160.

Mrs. Anschutz, widow of Billy E. Anschutz, died Friday, February 8, 2013, at Fayette County Memorial Hospital.

One person was injured in a single vehicle rollover accident on Bloomingburg New Holland Road Friday night. ADVOCATE PHOTO/DEREK MYERS

One person was seriously injured in a one vehicle rollover accident Friday night in Fayette County.

Sheriff deputies responded to Bloomingburg New Holland Road at Old U.S. 35 at approximately 9:45 p.m. on a report of a vehicle on its side and that the driver was possibly trapped in the wreckage.

When deputies arrived on the scene, a red Jeep Liberty was on its side and the 47-year-old female driver has been helped out of the wreckage by passing motorists. Deputies assisted her until emergency medical technicians arrived on scene.

Paramedics immediately requested a  medical helicopter to the scene, but due to inclement weather, all helicopters were grounded.

The victim was complaining of neck and back pain and was transported to Fayette County Memorial Hospital. Her condition is unknown.

The events leading up to the crash were not released.

The name of the driver wasn’t immediately released.

The accident remains under investigation.

Fayette County Hospice has released a statement regarding a former employee who has been charged with felony counts of theft and tampering with evidence.

Former Hospice employee Brenda Hall, 54, of Washington Court House, was recently indicted for allegedly stealing from her former employer, Fayette County Hospice where she was employed for 14 years as an administrative assistant.

According to their website, Fayette County Hospice is an organization who employs individuals to provide care to ill persons through emotional, physical and spiritual support.

“She was indicted by a Fayette County Grand Jury on two counts of theft and one count of tempering with records,” said Fayette County Prosecutor Jess Weade. All three charges are fourth degree felonies, he said.

According to the indictment, during Hall’s employment at Hospice, between January 2011 and April 2012 she allegedly stole “more than $7,500 but less than $150,000.”

The following statement was released by Hospice of Fayette County:

During the required annual audit by our local Certified Public Accountant, Hospice of Fayette County was made aware of discrepancies in the agency’s financial reports. After further review of the inconsistencies, local authorities were notified and procedures began for a more in depth examination

Unfortunately, at that time it was determined that there was possible fraud by a long-time trusted employee. We regret that these circumstances now make it necessary to pursue this matter through the court system until the situation has been resolved.

Hall’s arraignment hearing is pending.

The overturned snowplow closed a portion of U.S. 41 for several hours while crews worked to clean up the wreckage. ADVOCATE PHOTO/DEREK MYERS

Derek Myers, Editor-in-chief

According to documents obtained by Fayette Advocate, the driver who rolled an Ohio Department of Transportation (ODOT) snowplow on February 3 refused to take an alcohol and drug test after the crash.

Fayette Advocate was the only Fayette County news source at the scene in the early morning hours of February 3 when sheriff deputies responded to U.S. 41 near Civic Drive on a report of an overturned snowplow.

According to deputies, the driver went off the left side of the road, over-corrected and overturned spilling hazardous material onto the roadway.

The driver — whose name Fayette Advocate isn’t releasing because he hasn’t been criminally charged — made it safely out of the plow and dialed 9-1-1 with the assistance of a passing motorist.

The driver was taken to Fayette County Memorial Hospital immediately following the crash by an ODOT supervisor. He wasn’t seriously injured.

The snowplow was towed from the scene by Barker’s Towing and Recovery and was taken to the county’s ODOT garage where it would be held until the state could determine what would be done with the wreckage.

Fayette Advocate first told you about allegations of alcohol being in the plow during the crash on Tuesday.

ODOT's Fayette County garage located at 2231 US 22 Southwest in Washington Court House. Credit: State of Ohio

When Fayette Advocate learned of the allegations, we reached out to ODOT asking questions to find out if the allegations were true.

An ODOT spokeswoman wouldn’t comment on specific allegations but did say that the accused driver resigned as an employee on February 7 and that an administrative investigation was being conducted on the crash.

New documents obtained by Fayette Advocate outline what the supervisor witnessed at the hospital, and that the driver refused an alcohol and drug test ordered by the doctor.

“At the ER (emergency room) in my presents, the doctor asked…if he had been drinking and..(the driver)..said no he hadn’t. The ER doctor told..(the driver).. that he could smell alcohol on him, the doctor asked him again and again,” the supervisor wrote. “The doctor then told him that an alcohol and drug test would tell the truth.”

Moments after agreeing to take the alcohol and drug test, the driver refused to comply.

“When the nurse took..(the driver).. to the lab for test, in a few minutes she came back out to me and asked if I was his supervisor…the nurse informed me..(the driver).. refused to sign the drug and alcohol consent form without his lawyer being present,” the documents read. “She informed him that if he did not sign the consent form that it is then considered a positive test. He said he understood.”

After his refusal, the driver’s wife was called to pick him up at the hospital.

Immediately after refusing to take the test, ODOT launched an administrative investigation into the accident and alcohol allegations.

ODOT investigators interviewed several employees, two of which thought that they may have smelled alcohol on the driver the morning of the crash.

A male co-worker reported to investigators that he walked passed the driver at around midnight and smelled what he thought was alcohol but wasn’t sure, so he didn’t report it to management.

Another male co-worker said that he sat down at a table next to the driver at around 11:50 p.m. and thought he smelled alcohol and mouth wash. He mentioned it to another co-worker but did not tell management because he was unsure.

A third co-worker said he talked to the driver while he was prepping his snowplow for his route but that he never noticed the smell of alcohol. The co-worker said he later searched the driver’s personal vehicle and found a half of bottle of alcohol in it. He took the bottle to a member of management.

According to Fayette County Sheriff Vernon P. Stanforth, his deputies did not find any immediate indicators to indicate that alcohol may have been a factor in the crash. The driver, however, was cited for failure to control.

Fayette Advocate reached out to the accused driver but he declined to comment.

The investigation is ongoing.