Driver in Caltrans Fatality Went Free in 1991 Accident

A driver who was allegedly under the influence of drugs when his truck struck and killed a Caltrans worker on the Antelope Valley Freeway last month was involved in a similar accident last year, but escaped prosecution, the California Highway Patrol said Thursday.

Blood tests determined that Scott Ellis III, 42, of Palmdale was under the influence of PCP, a powerful hallucinogen, on April 7, 1991, when he allegedly caused an accident on the Harbor Freeway that injured himself and three others, CHP spokesman Todd Sturges said.

Although CHP officers filed complaints against Ellis, “both the district attorney’s office and the city attorney’s office failed to file charges against Ellis and prosecute him,” Sturges said.

Ellis has been charged with second-degree murder in connection with the July 29 death of Caltrans worker Callie Joel Buser, 55, of Canoga Park. Ellis was apparently driving under the influence of PCP and a prescription drug containing the narcotic codeine at the time of the accident that killed Buser, Deputy Dist. Atty. Steve Ogden said.

Buser was the 91st freeway worker--52 from Caltrans and 39 employees of private contractors--to be killed on the job in the past 20 years, Caltrans spokeswoman Margie Tiritilli said. By comparison, 45 California Highway Patrol officers have been killed on the job in the same period, she said.

Buser’s death prompted Caltrans officials to hold a statewide safety event Thursday to reinforce to all Caltrans employees the importance of caution while working on the highways, Tiritilli said. More than 2,500 Caltrans workers from Los Angeles and Ventura counties attended four-hour safety refresher courses that focused on precautions, including how to safely get out of a Caltrans vehicle and how to close traffic lanes properly.

“Above all else, safety is crucial for all the workers,” said Tiritilli. “But really, the lives of all these freeway workers are in the hands of motorists.”

Local Caltrans officials urged support for state legislation calling for mandatory suspension of the driver’s license of anyone convicted of driving under the influence of drugs or alcohol, Tiritilli said. Asking driving schools to include safety precautions when driving near road workers as part of their curriculum was also suggested.

Since April, five freeway workers have been killed on the job by motorists who were either under the influence of drugs or alcohol, Tiritilli said.

In addition to the second-degree murder count, Ellis has also been charged with causing great bodily harm while driving under the influence of drugs or alcohol, and with possession of PCP, Ogden said. An undisclosed quantity of PCP was found in Ellis’ truck, Ogden said.

A small quantity of PCP was also found in Ellis’ car following the accident last year, which he allegedly caused, Sturges said. Ellis abruptly stopped while driving south on the Harbor Freeway just north of the Artesia Freeway and was rear-ended by a car driven by Manuel Lopez, 36, of Los Angeles, who was unable to stop, Sturges said.

Ellis fled but stopped again a half mile down the highway, where he was taken into custody by CHP officers on suspicion of driving under the influence of PCP, Sturges said.

Ellis, Lopez and two passengers in Lopez’s car were taken to Gardena Memorial Hospital, where they were treated for cuts, bruises and pain, Sturges said.

CHP officers filed the case with the district attorney’s office in Compton the following day, recommending that Ellis be prosecuted for hit and run, felony driving under the influence of alcohol or drugs and being under the influence of and in possession of PCP, Sturges said.

But the district attorney’s office chose not to prosecute the case, on the grounds that those injured in the accident complained only of pain, said Sturges, who added that such decisions are not uncommon when only minor injuries are reported.

At that point, CHP officers filed the case with the city attorney’s office for misdemeanor consideration, but again no action was taken, Sturges said.

The deputy district attorney who dismissed the case was not available for comment.

Ted Goldstein, a spokesman for the city attorney’s office, said his office will review the handling of the case.

Ellis is being held without bail at the Men’s Central Jail in Los Angeles. A preliminary hearing has been set for Tuesday at the Antelope Valley Court House, Ogden said.