Woman was applying makeup prior to fatal accident

[sunny]

This is sad.

wwltv.com

Woman was appying makeup prior to fatal accident

01:16 PM CDT on Monday, June 13, 2005

Seth Fox / Houma Courier

HOUMA -- A moment, Darcina Rodriguez wrote later in her statement to police, was how long she stopped looking at the road.

But a moment was all it took for it to all go wrong.

The Bayou Blue woman, who hit and killed a 16-year-old girl and seriously injured her friend, glanced away to put on her makeup in the moments before the April 29 crash occurred, according to police.

The wreck could have been avoided had Rodriguez been paying attention to the road ahead instead of applying her makeup, police reports say.

"It was an accident," Rodriguez, 27, said. "A most tragic, horrible accident."

Nearly a month and a half after Rodriguez was involved in a crash that killed an Ellender Memorial High School sophomore and left another girl with serious injuries, Rodriguez said it’s still too soon for her to talk about that awful day.

Kathy Doan, 16, was one of three Terrebonne Parish high-schoolers in a car headed for New Orleans. The girls were not in school because they were participating in a spring high-school ritual known as "senior skip day."

Doan and her two friends, Yen Nguyen and Yen Lam, were among the nearly 700 Terrebonne Parish public-school students who cut class April 29.

The trio was driving on U.S. 90 en route to New Orleans for a shopping trip when, sometime between 7:30 and 8 a.m., the car’s right rear tire went flat. Yen Nguyen steered the 1990 Honda Accord onto the right shoulder of the highway just west of the Raceland/Houma exit.

About the time the three girls climbed out of the car, Gary Landry, 55, of Houma was turning onto U.S. 90 a quarter mile away. According to police reports, Landry was driving his 1992 Dodge Ram east at speeds of 45-50 mph as he approached the girls’ disabled car.

Rodriguez, a teacher at Upper Raceland Elementary, was also traveling east on the highway that morning. Rodriguez had just dropped her 1-year-old off at her mother’s Bayou Blue house and was headed to work, the police report states.

She set the cruise control on her 2002 Volvo at 73 mph, she told State Police, looked in her rear-view mirror and started to apply her makeup.

In a written statement provided to police, Rodriguez states she that did not see Landry’s truck or the girls’ car in front of her before she glanced away.

"I looked up at my mirror (for a moment)," the statement reads. "I looked back down and saw the truck. I watched it and realized that he wasn’t moving very fast (Actually, I thought he was stopped.)"

By the time she realized she was dangerously close to the truck, Rodriguez’s statement says, she felt her only option was to slam on the brakes and swerve onto the shoulder to avoid hitting Landry. At that point, the statement says, she had not yet noticed the disabled Accord was in her path.

"The truck was completely blocking my view of the people on the side of the road (and the car)," Rodriguez’s statement says. "Then I remember hitting someone and a sign and plunging into the woods."

Nguyen, who was looking in the trunk to see if she had a spare tire, was not hit. The other two girls were standing on the passenger side of the car with the doors open -- Lam, a South Terrebonne sophomore, by the front seat, Doan at the rear.

Rodriguez clipped the back of Landry’s truck and then veered to the right, hitting Doan and Lam. Her car continued off the road and hit a road-construction sign before coming to rest in a wooded area.

Doan was taken to Terrebonne General Medical Center where she was pronounced dead a short time later. Her family couldn’t be reached for comment and didn’t return messages left on The Courier’s behalf.

Lam, also 16, suffered serious injuries and was treated at Terrebonne General.

Nyugen, who was not injured, declined The Courier’s request for an interview. She said that Lam is recovering from her injuries and has moved out of state.

Rodriguez received minor injuries and was released from Thibodaux Regional Medical Center the day of the crash. Landry, who also couldn’t be reached for comment, was not injured.

Rodriguez said it’s difficult to talk about what happened that day and the crash is never far from her mind.

"I grieve this tragedy every single day," she said. "I think about those girls every single day, they’re in my thoughts every single minute."

Investigating troopers recreated the events leading up to the wreck, according to the police report. They drove the stretch of highway that still bears skid marks from Rodriguez’s tires several times at several different speeds.

When they were finished, the report states, they were confident that the crash could have been avoided.

"It was quite evident that had driver one been paying attention she would have had at least 10-15 seconds to see vehicle two and change lanes without slowing down; therefore preventing this traffic crash from occurring," the police report reads.

Rodriguez is charged with careless operation, a violation that comes with a $145 fine.

Careless operation is a charge used in cases when a driver operates a motor vehicle in a manner that is not careful or prudent or endangers the life, limb or property of a person.

More serious charges were considered, authorities said, but weren’t levied.

"We didn’t feel it would rise to the level of negligent homicide," Lafourche District Attorney Cam Morvant said.

Negligent homicide is the charge used in cases when criminal negligence leads to a person’s death. Vehicular homicide is the charge levied when the driver is under the influence of drugs or alcohol. Convictions in both cases come with jail time -- up to five years for people convicted of negligent homicide and two to 20 years for those convicted of vehicular homicide.

Morvant said he reviewed crash reports and witness statements himself and asked several assistant district attorneys what they thought should be done. Everyone agreed that the standard for negligent homicide was not met, he said.

He said those decisions are made on a case-by-case basis because there are no rules regarding what constitutes criminal negligence.

"It’s some sort of gross deviation from the standard of care owed to others," Morvant said.

[rainstorm]

not to defend her, but this is not a premeditated act. i think its likely we all, for some reason or other while we are driving having taken our eyes off the road for a split second

[Skywatch_NC]

It's the same with some cell phone users...can't take time to find a safe place to pull off the road...leading to tragedy!

Eric

[Wpwxguy]

Yep, guilty here with the cell phone. Eating and driving as well. Looking into the next seat to dip my fries in ketchup. She was negligent, however it appears to be a set of unfortunate events that led to this horrific accident.

[drudd1]

Ya know, I agree that this is not a premeditated act, but it is the height of stupidity. Everyone has taken their eyes off the road for a split second for any number of reasons, but being married for 18 years, I know for a fact that my wife couldn't apply her makeup in split second intervals. It would require a heck of a lot more attention than merely glancing in the rear view. It has always been one of my pet peeves seeing a woman put on makeup while driving. If I offend any women out there, I assure you, a guy should catch just as much grief if he was shaving while driving. I guess the thought never occurred to her to get up a few minutes earlier and get ready before hitting the road.

Several years ago I was hit from behind by a woman putting on lipstick. She told the officer that she didn't see me stop. No duh, she was looking in the rear view mirror for an extended period of time while driving forward! Fortunately, there were no injuries or serious damage, but it could have just as easily been a child crossing the road on foot instead of me in a car. One young woman will never get a chance to grow up, and another may suffer from her injuries long into the future, just because this woman chose to drive a car with her brain not engaged. Truly sad.

[george_r_1961]

No not a premeditated act. The problem here is that someone got killed. She didnt drive off into a ditch or hit a fire hydrant. A friend of mines mother got killed last month by a "nice guy" who ran a red light. Everytime I read something like this im reminded that driving requires full time attention that doesnt need to be shared with tasks such as adjusting the radio,combing your hair..etc..

[sunny]

No not a premeditated act. The problem here is that someone got killed. She didnt drive off into a ditch or hit a fire hydrant. A friend of mines mother got killed last month by a "nice guy" who ran a red light. Everytime I read something like this im reminded that driving requires full time attention that doesnt need to be shared with tasks such as adjusting the radio,combing your hair..etc..

Exactly George. There are just somethings you do not do while driving a vehicle. No, it was not premeditated. It was, however, negligent.

[Lindaloo]

It was negligence on the driver putting on her makeup and the driver of the truck stopped in the road. The driver of the truck should have pulled in behind the disabled vehicle or in front of the disabled vehicle.

[sunny]

It was negligence on the driver putting on her makeup and the driver of the truck stopped in the road. The driver of the truck should have pulled in behind the disabled vehicle or in front of the disabled vehicle.

Also true. Just sad all the way around.