Truck Crash: Police Won’t Seek Charges Against Firm

Anaheim police said Friday that they would not seek prosecution against the company whose truck barreled through an Anaheim Hills intersection, setting off a fatal 12-vehicle crash March 8.

In an inspection after the crash, Peterson Bros. Construction of Brea received an unsatisfactory rating from the California Highway Patrol because of poor maintenance and record keeping. But Anaheim police said the primary responsibility rests with truck driver Anthony Robert Saiz, 47, of Lakewood, who, they said, tested positive for methamphetamine and morphine use.

Saiz was charged Thursday with gross vehicular manslaughter while intoxicated, felony driving under the influence and driving with an expired license. Anaheim Hills optometrist Kenneth Michael Larkin, 53, died in the crash after Saiz apparently lost his brakes and slammed into Larkin’s Chevy Blazer.

“It’s the driver’s responsibility to make sure the truck meets vehicle code before he brings it on the road every day,” said Anaheim Police traffic investigator Rick Alexander. “As far as we know, there is nothing that we could enforce on [the company] right now.”

Wylie Aitken, the Larkin family attorney, said the family would push for charges against the company.

“We will do the best we can to convince the district attorney that only half of the story has been told so far,” Aitken said. “The family is very disappointed if the investigation is going to be so singularly focused.”

Deputy Dist. Atty. Mike Flory said his office’s investigation is just beginning and he has not yet reviewed company records.

After the inspection, CHP officers ordered that at least four trucks be taken off the road. The mechanical violations should have been detected with adequate inspection and maintenance, according to the CHP report.

The crash highlights the need for more aggressive enforcement and stiffer penalties for employers, said Mike Scippa, executive director of Citizens for Reliable and Safe Highways (CRASH), a Bay Area group that lobbies for stronger truck safety laws.

“The commitment to safety has to start at the top,” Scippa said. “Ultimately, it’s their responsibility to make sure the truck is operating to code . . . and to monitor closely the actions of their drivers.”

The company has until September to update its maintenance records and fix its vehicles or it could have its DMV motor carrier’s permit suspended or revoked and face prosecution.

During the inspection requested by police, CHP found that:

* DMV reports on driver’s records were not properly signed and dated by the company. Peterson Bros.’ General Manager Peter McNabb said each record had been initialed but not signed.

Three notices had contained data showing that Saiz’s license had expired, but McNabb said the company’s attention was not drawn to the problem because it was not listed as a violation. Since the crash, McNabb said, his company is checking CHP notifications more carefully and requiring that all drivers show proof of renewed licenses.

* Employee records, such as what type of vehicle each trucker is qualified to drive, were not maintained.

* Vehicle inspections--including brake adjustments and steering, suspension and tire checks--were not performed every 90 days as required. Some vehicles had gone as many as 409 days without inspection. No records could be found for nine trucks or trailers.

* Drivers were not keeping the required duty logs that track their hours.

McNabb said the company has made major changes in its operations.

“We have already completely complied,” McNabb said. “For a company our size, we would be crazy not to. I have 100% confidence that we will do very, very well in the (next) inspection.”

He said the company will spend at least $200,000 annually to improve maintenance and record-keeping.

Peterson Bros. will hire an outside firm to take over management of the 205-vehicle fleet, McNabb said. That firm has experience with record-keeping and has a computer system that will alert mechanics when maintenance is due, McNabb said.

Peterson Bros. also has hired a company to retrain its drivers and mechanics, and it has instituted a driver certification program, McNabb said.

Aitken called the actions “too little, too late for the Larkin family.”