Man claiming medical issue arrested three times before fatal Oklahoma City crash
Courts: To drive or not to drive?

BY JAY F. MARKS
Published: October 13, 2008

Kenneth Lee Russell shouldn’t have been behind the wheel of a car on July 24.

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No one knows that better than Sharon Cary, who lost her father that day in a wreck.

Cary said it was "inexcusable” that Russell, 49, still was allowed to drive after being arrested three times in the previous two months following traffic accidents or complaints of erratic driving.

The self-employed electrician blamed an unknown medical condition for his driving trouble after a July 8 crash in the 6700 block of NW 63, according to court papers. Russell told the Warr Acres police he had "palsy or Parkinson’s disease.”

A breath test revealed Russell had not been drinking, but police later learned there were several prescription drugs in his system at the time of the crash.

Warr Acres officer John Feith warned Russell to stop driving before he killed someone. He also asked the Department of Public Safety to review Russell’s driving status.

That request wasn’t heard soon enough.

Russell was driving again on July 24 when he veered left of center in his silver Ford Ranger and crashed head-on with another vehicle near NW 65 and MacArthur. The impact killed Warr Acres resident John Ira Cary, an 86-year-old retired highway worker who was driving the other car.

Russell was charged last month with first-degree manslaughter in Cary’s death. Prosecutors say he was under the influence of drugs at the time of the crash.

Sharon Cary, who became a veterinarian in part because of her father’s love of nature, said there should have been some way for authorities to keep Russell off the road.

"They’re supposed to be protecting the public, not the driver,” she said.

Review and monitor
Public safety officials don’t track the number of times they are asked to review someone’s driving status, but the agency is monitoring more than 14,000 Oklahomans with medical issues.

Many of those drivers came to the agency’s attention after referrals from police or hospital personnel, said Clint Dickson, director of driver compliance.

He said privacy concerns would not allow him to address specific drivers, like Russell.

It typically takes officials about a week to make contact with drivers whose ability to operate a vehicle has been questioned, he said. They are asked to take a driver’s test or supply medical records to a hearing officer.

"We try to encourage people, if at all possible, to come in to see us face to face,” Dickson said.

He said an advisory board made up of seven doctors determines which medical conditions should preclude someone from driving. Another doctor is retained by the Department of Public Safety to review medical reports on individual drivers.

Dickson said the goal is to allow people to keep their driver’s license.

Sometimes restrictions are added, such as barring someone from driving at night.

"We want to be as fair as we can,” he said.

"These people, for the most part, have done nothing wrong.”


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Iwas wondering why DWI (drugs) is a misdemeanor while DWI(alcohol) is a felony. Is driving under the influence of Oxycontin somehow less dangerous than bourbon or beer?
David, Oklahoma City - Oct 23, 2008 11:44 PM
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I am John "Jack" Cary's stepson. As it appears my earlier post of October 13 was removed due to its "unkind" remarks to Mr. Cooter, I'll restate my position.

If as Clint Dickson (DPS,Director of Driver Compliance)claims in this article and I quote, "It typically takes officials about a week to make contact with drivers whose ability to operate a vehicle has been questioned. They are asked to take a driver’s test or supply medical records to a hearing officer." AND Officer John Feith asked the DPS hearing officer to "review Russell's driving status", what happened? The DPS had over 8 (EIGHT) weeks to review and test Russell.

Jaycee, I think Mr. Dickson needs to answer this one!
mark, okc - Oct 23, 2008 10:22 AM
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Hello all, I am the son of John Ira Cary. To clarify, to the best of my knowledge, Kenneth Lee Russell is currently in jail with NO bail available to him. The case against him is strong and he stands to spend a LONG time in jail. Alan is correct in his order of events leading to Mr. Russell's final charge and my family and I are grateful for the caring and diligent work of the police officers involved. We believe the police did the best they could. Perhaps it was a "perfect storm" but what I find unbelievable is how a man with numerous DWI arrests in such a short time could be continually allowed to post bond and drive with impunity. Why wasn't his license temporarily revoked or his car impounded? He obviously showed that he had a dangerous and chronic history of drugs and driving and should not have been allowed behind the wheel. Perhaps if the system had considered Russell's recent behavior, my dad would be alive today. It should also be noted that he posted bail AFTER his accident with my father and one month later, AGAIN had an accident with a DWI arrest! I mean, should it really take a fatality to keep this guy off the road? Driving is a privilege and cars can be violent weapons. The state of Oklahoma should do more to protect its citizens.
Jaycee, Playa del Rey - Oct 23, 2008 12:25 AM
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Alan, I'm sorry, you failed to identify yourself and how you know so much about Mr. Russell. I identified myself as the WIFE of the man who was in the car accident on July the 8, 2008. The original article for the paper said it was a head on collision. It happened on NW 63rd street. My husband was going east. Mr. Russell was going west. He crossed the line, took out the ENTIRE driver's side of my husband's truck in front of the 7-11 there on NW 63rd. He continued going west. My husband turned around to follow him, honking and flashing his lights. Mr. Russell continued until he reached the parking lot of Cherokee Hills Church of Christ. He left the scene of the impact. I do blame Mr. Russell. I never blamed the WAPD. I made a statement about what happened. My point of head on or not and him leaving the scene. . .we are out MONEY. We are out TIME. We were without a vehicle for TWO months. Due to all of these things that happened the day of the accident, his insurance isn't picking up a dime. We have to go to court. We have spoken to his parole officer. Yes, he is on parole. You seem very defensive over some of these comments, not sure why you're picking on mine. The two officers that responded to my husband's accident were very nice gentlemen and we've never "blamed" them.
Piper, Oklahoma City - Oct 16, 2008 11:11 AM
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Okay, first of all, the police did nothing wrong in any of these cases. Regarding Piper, I have no idea where she gets her info. The collision was worked and Russell was arrested at the scene. He didn't flee the scene. "Verifying" the scene of the crash, or whether it was a "head-on" is irrelevant. Russell was arrested. Regarding Sallie, again, the police did nothing wrong. Each time Russell was arrested, and each time he bonded out. Also, Russell is not on parole, but does have an extensive criminal history. In addition, since Russell's breath test came back negative each time, we had to wait for the results of the blood tests to come back. Even then, he was still arrested each time, and each time he posted bond. The police have nothing to do with that. Gary, we tried to file 2nd degree murder charges, but after our discussion with the DA, and examining the case law, it would have been near impossible to file that charge, and he faces 10 years to life on the first degree manslaughter charge because of his criminal history. Because Russell did not have any prior DUI convictions, all of his arrests, prior to the fatal collision, were misdemeanors. In order to charge him with manslaughter after the fatal collision, we had to wait until his blood test came back. Had we arrested him after the fatal collision, but prior to getting the blood test results, we would have only been able to charge him with MISDEMEANOR negligent homicide. That would have caused all kinds of problems, including being unable to charge him with manslaughter if he entered a guilty plea to the misdemanor. Ultimately, the one you should be blaming is Russell, but I relaize some of you find it easier to blame the police because you lack the understanding as to how the system works. If you think the laws are unfair, work with your legislators to change them. In reality, the Warr Acres Police, and especially the traffic collision investigator, put together excellent cases against Russell. Hopefully, he'll never get out of prison.
Alan, Yukon - Oct 15, 2008 5:55 PM
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Piper, I am truly sorry for you and your husband. The police departments in these incidents should be ashamed.
Sallie, Del City - Oct 15, 2008 8:51 AM
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My husband was the one hit on July 8. It was not considered a head on b/c the WA police dept couldn't verify the scene of the accident since Mr. Russell fled the scene. He is OUT ON PAROLE PEOPLE! And lives at his mother's house. He has NOTHING.
Piper, Oklahoma City - Oct 15, 2008 7:28 AM
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Yes, something could have been done sooner, but with this man, and there are many more just like him, would have driven with or without a license. They used to run the "pull 'em over and check for a valid d.l. and insurance on a regular basis. Maybe increasing these checks should be escalated.
Sallie, Del City - Oct 14, 2008 6:45 AM
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Last year my 82 year old mother was involved in an accident. Thank God no one was injured. Mom had a perfect driving record until that day. I was "grateful" on many levels that we were able to "take her keys". She has not been happy however, I know that we could not have lived with ourselves had she injured someone else or herself. I commend the police officer that investigated her accident as I commend the Warr Acres officer that attempted to "do the right thing". I feel very sad that someones life was lost and I disagree with the DPS "trying to be fair". Fair means that innocent people don't lose their lives. Lets stop the "politically correct" rhetoric and "do the right thing". Donna, Colorado
Donna, Saguache - Oct 13, 2008 8:02 PM
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This man (Kenneth Russell) should be charged with murder. He had three accidents in two months and he was still allowed to drive. He was on drugs too at the time so he should be charged with murder!
Gary, Oklahoma City - Oct 13, 2008 6:12 PM
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Remember, this is Jokelahoma, where 3-year olds have access to firearms at 2 in the morning.

What a pathetic state.
Cooter, Cooterville - Oct 13, 2008 5:05 PM
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There is no way in h*ll this loser would have the patience required to travel mass transit. I can promise he has zero social skills, no sense of responsibility or accountability...and NO CHECKING ACCOUNT or RETIREMENT SAVINGS. The taxpayers, you & I, are supporting this sorry excuse for a citizen. How did he continue to get out of jail after repeated arrests? It's a shame Mr. Cary wasn't afforded more protection from the bottom-feeders of society.
Ashley, Mustang - Oct 13, 2008 4:02 PM
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If the market would support mass transit, it would be there. The demand isn't there.
Mark:
Nah, "cooter" is just another drunk driver who doesn't like the bad press Russell is getting... it doesn't ease his conscience.
matt, Warr Acres - Oct 13, 2008 1:16 PM
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Another reason for mass transit. People are forced to drive in this state or walk. I know several people who've lost their driver's licenses who are forced to drive to take care of their families. We are supposed to be a 'city' right? Get all the druggies off the road and stick them on mass transit. Mass transit that works that is.
Richard, Oklahoma City - Oct 13, 2008 12:44 PM
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Sounds like his "medical condition" is an addiction to prescription drugs.
Karen, Oklahoma City - Oct 13, 2008 10:14 AM
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Hit the guy at his checkbook, take what is left of his retirement savings and any financial holdings. Put him in an Alzheimer's wing at the worst home that can be found, like in NE OKC.
burt, edmond - Oct 13, 2008 10:03 AM
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The only way to keep them from driving their own car is to impound it. but some relative will let him "borrow " his and he is still a danger to others.
vonda, lindsay - Oct 13, 2008 8:55 AM
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It's sad..yes..but anymore..a great majority of individuals with suspended driver's licenses or no license at all still drive...They don't care if they have a suspended driver's license or no license at all...(unfortunately!)
Steve, OKC metro - Oct 13, 2008 8:29 AM
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Let him come to Florida and try it. Here they take away the license until the driver can prove (he) can drive. Law enforcement can sieze a license under certain circumstances. Godspeed to all he killed, injured, or made their lives a living hell. If he had a known medical condition (known to himself) he should have had the brains to stay off the road.
VM, cape coral - Oct 13, 2008 6:04 AM
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He should be executed.
mister, bogata - Oct 13, 2008 5:56 AM
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