Supervisor never saw van hit kids

Kim Smith

Tuesday, Feb. 6, 2001 | 11:32 a.m.

Tracy D'Arensbourg Ri'Chard never saw the van that wiped out more than half of her cleanup crew.

"The only thing I saw was a cloud of dust, and once that cleared I saw the bodies," D'Arensbourg Ri'Chard said.

D'Arensbourg Ri'Chard was the first witness to take the stand this morning, the second day of the Jessica Williams trial.

Williams, 21, is accused of driving her van off Interstate 15 on March 19 and killing six teenagers who were picking up trash.

Prosecutors contend Williams had marijuana and Ecstasy in her system when she struck and killed Malena Stoltzfus, 15, Rebeccah Glicken, 15, Jennifer Booth, 16, Scott Garner Jr., 14, Anthony Smith, 14, and Alberto Puig, 16.

The youths were performing community work service as part of sentences for minor offenses. D'Arensbourg Ri'Chard was one of two county employees assigned to supervise the 22-member work crew. She supervised 11 of the teenagers.

Williams' defense attorney, John Watkins, contends Williams simply fell asleep at the wheel.

Williams faces six counts each of involuntary manslaughter, reckless driving and driving under the influence of a prohibited or controlled substance. She also faces one count each of being under the influence of a controlled substance and possession of a controlled substance.

If convicted, Williams faces up to 120 years.

Davetta Mitchell, who was the other supervisor working that day, offered her tearful testimony Monday.

Mitchell said she had just urged one of the children to hurry up when Williams' van went off the road and hit the children. She called 911 and told the dispatcher five of the teens were dead, but the dispatcher wouldn't take her word for it.

Unable to bring herself to check for pulses, Mitchell said she left that task to a passerby and D'Arensbourg-Ri'Chard. She went to Jennifer Booth to comfort the dying girl and to tell her to hang on.

Moments later, Mitchell said, she began dealing with those teens not struck by Williams' van.

"I found myself in the center of the children saying 'Hail Mary, pray for us sinners now and at the hour of our death' I said it three or four times," Mitchell said.

Soon she realized some of the other teens were growing restless.

"I could hear the kids saying they were going to beat her up or kick her ass, and I told the kids I could not allow that," Mitchell testified.

Williams, who stared straight ahead during much of the day, began sobbing during Mitchell's testimony.

Mitchell's testimony about Williams' behavior at the scene drew gasps from the audience and the ire of defense attorney Watkins.

"She got out of the car, or the van, and her and her friend started hugging each other," Mitchell sobbed. "Then they sat on the side of the road and started smoking cigarettes. She didn't even ask me if she could help me."

Watkins conceded Williams didn't help the children, but pointed out that Mitchell herself couldn't bring herself to check their pulses.

Mitchell insisted it was obvious the children were dead and there was nothing she could do.

Chief Deputy District Attorney Gary Booker asked Mitchell if Williams called 911 or if she offered comfort to Booth.

Each time, Mitchell responded bitterly, "No sir, she was busy smoking a cigarette."

D'Arensbourg Ri'chard offered similar testimony this morning.

The sharp exchange between Mitchell and Watkins wasn't the only one Monday.

District Judge Mark Gibbons strongly chastised Watkins during the lunch hour because of improper behavior during his opening statements.

Watkins mentioned the county's role in the accident and laws that have legalized medical use of marijuana, despite earlier rulings by Gibbons prohibiting him from doing so.

Watkins said he believes he has a right to argue that the use of marijuana does not equal impairment and people can obtain prescriptions for marijuana in some states.

Gibbons erupted that he is the person who decides what is relevant and what is not.

"If you pull any more stunts like that when I told you not to, you will be spending your weekends in jail, you can bet on it," Gibbons said.

During his opening statements, Booker explained to jurors that they can convict Williams under a number of scenarios.

Booker told the jurors they can send Williams to prison if they believe she had marijuana and Ecstasy in her system and it impaired her, or they can convict her if they simply believe she had only marijuana in her system.

Williams could also be sent to prison under the state's reckless driving statutes if they believe she showed a "willful and wanton disregard" for the rules of the road by failing to yield to the teenagers, Booker said.

On the other hand, if they believe Williams was simply inattentive, they can convict her of involuntary manslaughter, Booker said.

Watkins said that among those who will testify that Williams was not impaired are toxicologists, motorists who saw her moments before the crash and the paramedics who treated her.

Monday's testimony began with Clark County Chief Medical Examiner Lary Simms, who provided a gruesome discourse on the injuries suffered by the victims. He was followed by the parents of the children and the surviving members of the work crew who saw the accident.

Also this morning, Williams' attorney said Williams is no longer on suicide watch. She had been placed on suicide watch over the weekend, but a doctor who visited with her Monday evening said she no longer presents a threat to herself.

The trial is expected to last at least two weeks.