RIPPON, W.Va. — Kathy Ruth was killed while performing flagging operations at a work zone near Rippon (Jefferson County) April 4th of last year. The motorist responsible was convicted of “failure to obey a traffic control device” and fined $100. Ruth’s Daughter Chrissy Hall explains why:

“They were afraid, really.  They had lost a case in May.  It was in our mind’s eye reckless, but the judge said they couldn’t prove (it was) reckless.”

She says they’ve never received a suitable explanation for the incident in which a woman identified as Kiren Ward, 38 of Harpers Ferry veered off the road and drove her car over the flagger.

“We never got an answer,” Hall said.  “The only explanation we have is she was trying to avoid — My mom had stopped her cars and got into her safe zone and the woman, they couldn’t prove she was speeding, but instead of hitting the cars she veered off onto the shoulder and ran over my mother.”

Heather Mullins is Ruth’s niece. She reflected on her life during a recent episode of Panhandle Live:

“She was a very caring person.  She was always there for everybody.  If you needed anything at all, she was there at the drop of a hat.”  Mullins said, “She loved her grandbabies and my babies.  They’ve taken it very hard.”  Mullins says all the children called her aunt “Beanie.”

Mullins who also works as a flagger implored listeners to be careful through work zones

“There are a lot of people who act entitled,” Mullins says.  “They don’t want to wait.  They’re late for work.”

“There’s people’s family out there,” Mullins says.

“You’re going to work every day, you’re going to work every day.  This is our every day,” Mullins said on Panhandle Live Wednesday. “We go to work every day hoping we can go home to our family.”

Kathy Ruth (Photo Courtesy of her family)

January 16th of this year in Jefferson County Magistrate Court, Kiren Ward pleaded no contest to the misdemeanor charge of “failure to obey a traffic control device” and was ordered to pay the $100 fine and court costs.

Hall says they are taking steps to prevent similar incidents in the future.  “We honestly did not know West Virginia does not have a vehicular or negligent homicide law,” Hall says.  She says she and her brother, a marine, have been meeting with lawmakers. 

They’ve also started a non-profit called “Stop For Beanie”  and fundraising to purchase temporary rumble strips for small traffic control companies.  “That way people will know there’s an active flagger and to slow their roll.”

“Hopefully we can prevent something like this from happening ever again,” Hall says.

House Bill 2097 sponsored by Berkeley County Delegate Larry Kump is one piece of legislation they are hopeful about. It has since been absorbed into another bill, but Chrissy’s brother George is hopeful about it getting to see the light of day. On their social media page “Stopforbeanie” he posted that he is hoping the community will express its support for the bill.

HB 2097 would change vehicular manslaughter from a misdemeanor to a felony.
“OFFENSES.
1 (a) When the death of any person ensues within one year as a proximate result of injury 2 received by the driving of any vehicle anywhere in this state in reckless and wanton disregard of 3 the safety of others, the person so operating such vehicle shall be is guilty of negligent the felony 4 offense of reckless and wanton vehicular homicide.
5 (b) Any person convicted of negligent the felony offense of reckless and wanton vehicular 6 homicide shall be punished by imprisonment imprisoned in a state correction facility for not more 7 less than one year nor more than five years, or by-fine-of fined not less than $100 $2.000 nor more 8 than $1,000-$5,000, or by both such-fine-and imprisonment fined and imprisoned
9 0 11 2 (c) If the death of any person ensues within one year as a proximate result of injury. received by the driving of any vehicle anywhere in this state in negligent manner, but not reckless and wanton disregard of the safety of others, the person so operating the vehicle is guilty of the misdemeanor of negligent vehicular homicide.
3 (d) Any person convicted of the misdemeanor offense of negligent vehicular homicide shall 4 be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or 5
both fined and confined
6 7 (c) (e) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of negligent vehicular homicide or reckless and 8 wanton vehicular homicide,”

HB 2923, would require the West Virginia Division of Highways to install rumble strips on all double-yellow lined highways whenever road upgrades are performed.

The Panhandle News Network’s Luke Wiggs contributed to this story.

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RIPPON, W.Va. (Metronews) A woman working flag operations at the work zone on Route 340 South in Jefferson County was killed Thursday after another woman allegedly drove around a vehicle that had stopped in the work zone and ran over her.

Jefferson County Sheriff’s Office Lt. RS Sell tells The Panhandle News Network that Kathy Ruth, 62, of Mount Hope, had stopped traffic and was standing on the west shoulder of Route 340 around 10:30 a.m. Thursday when a a 2012 Lexus RX350 operated by Kiren Ward, age 37, of Harpers Ferry, reportedly drove around the first vehicle stopped in the line and struck Ruth.

When Ward’s vehicle came to a stop, the flagger was under her car, authorities said.

Witnesses to the crash attempted to lift the car to help move Ms. Ruth prior to rescue personnel arrival. Fire and Rescue completed the task of moving Ruth from under the vehicle and transported her to Jefferson Medical Center where she was pronounced dead, according to the sheriff’s office.

The incident happened in the work zone in the area of mile marker 1 “just north of the intersection with Lewisville Road,” according to Lt. Sell.

That work zone had been in place since Monday, March 25th and the sheriff’s department reports road signs were in place ahead of the accident scene warning motorists regarding road work, one lane ahead and flagger signs for traffic going south bound from the Rippon area towards the state line.

The roadway was closed for more than two hours to allow for investigation and documentation of the crash. Traffic was diverted to side roads and Clarke County, Va assisted at the state line. The investigation is still ongoing at this time, according to Sell.

Responding to the scene along with the Sheriff’s Office were Citizens Fire Company, Independent Fire Company and Jefferson County Emergency Services Agency.

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RIPPON, W.Va. — A Mount Hope woman who was killed while working flag operations last week in Jefferson County will be laid to rest this weekend.

Kathy Ruth, 62, was standing on the shoulder of Route 340 in the work zone and had traffic stopped when a vehicle driven by a Harpers Ferry woman swerved off the road and ran over her.

 
Witnesses told MetroNews they moved the car off Ruth, held her hand and prayed with her while awaiting emergency services. She was taken to Jefferson Medical Center, where she was pronounced dead.

That incident is still under investigation, according to Jefferson County Prosecutor Matt Harvey.

Arrangements are behind handled by Beckley-based Melton Mortuary and Cremation Center. According to Ruth’s obituary, she will be buried Saturday afternoon on the family farm.

She leaves behind five children, seven grandchildren and five great-grandchildren.

Gov. Jim Justice called it a “terrible tragedy” during a visit to the Eastern Panhandle to talk about road improvements to Route 9 in Berkeley County:

The incident happened in the work zone in the area of mile marker 1 “just north of the intersection with Lewisville Road,” according to Lt. Ron Sell of the Jefferson County Sheriff’s Department.

That work zone had been in place since Monday, March 25 and the sheriff’s department reports road signs were in place ahead of the accident scene warning motorists regarding road work, one lane ahead and flagger signs for traffic going south bound from the Rippon area towards the state line.