The Chevy's Speed

JOHN DAILY, 4/11/95

Page 10 I

Q. Are you able to tell - strike that. Would it be fair to say that because of the dynamics of a collision like this? That the collision wouldn't have occurred exactly where the gouge marks are or the transmission fluid was indicated?
A. Initial contact may be a small distance away not much. Certainly in a right-to-left sense. We're going to be dealing on the same basic line. and these - this evidence is left during what is called maximum engagement. And so this shows where the vehicles are in maximum contact with each other.
Q. By "a small distance." what are we talking " about?
A. Oh. probably -
Q. Feet and inches.
A. Probably within three or four feet along the 20 road and within inches side to side.
Q. By "along the road," what do you mean?
A. Longitudinally to file lane of travel.
Q. Number 2 -- now. When you went to the accident scene -- which you're saying would have been after the 14th
A. Yes
Q. - or the 14th? -- Did you see any evidence of the accident at that time? -
A. I probably did, but I don't recall what it is.
Q. I note in your report you said, this is confirmed by the gouge marks found by Patrolman Baldwin.
A. Yes.
Q. You didn't say that you found the gouge marks.
A. Right, I didn't say that and I don't recall if I just reconfirmed what he saw or if I went out there with Baldwin and he said, "This is where the collision occurred. Here is where I found the gouge marks," and so on. And it was one of those two and I don't recall which. I have no reason to doubt his ability to remember the gouge marks.
Q. I'm not questioning that. I just
A. Right.
Q. -- wondered if you found anything in
A. And I don't remember if I did.
Q. Okay. Do you recall that day taking any pictures of anything, which would be in your file?
A. I don't remember if I took any photographs or not. I know that I wanted Delayne to take some certain opposed to being able to find skid and brake marks to determine area of impact.
A. Gouge marks are pretty definite where a collision ~ place. Fluid can be less reliable. A lot depends on how the fluid is initially ejected. As I recall. in this case the transmission was pretty well shattered and we had a big: spill of transmission fluid left and then there is runoff from that. But in a case like that. If it happens quickly. then that can also be a good indicator. In other cases. If it's a slow leak or something like that. then it's not necessarily a reliable indicator of point of impact.
Q. Were you able to deternine what caused the 18 gouge marks. what part of the vehicle?
A. No. It was sufficient to know that these gouge marks happened as a result of this collision. It was likely from the Chevy
pickup. And I don't remember specifically examining the 1.Underside of the Chevy pickup to see what parts left the gouge
marks.
Q. Do you have any opinion as to what part of the
pickup would cause those gouge marks?

Page 10 I A. Well. from the entire frontal involvement of the pickup. It's probably areas of the steering linkage and frame on the -- in the front of the pickup.
Q. But you wouldn't be able to tell what part of the vehicle that would be, would you. From what you know in this case?
A. Not specifically. It would be toward the middle of the vehicle because of the involvement. It wouldn't be on one side or the other.
Q. Thank you. Officer. Let's go on to number 2, which would be speed of the pickup at the moment of impact between 49 and 56 miles an hour. Tell us the basis for that opinion.
A. It was a linear momentum analysis.
Q. And how do you do that?
A. Well. you look at the weights of each vehicle. You look at the preimpact direction of the vehicle into the collision and the postimpact direction of the vehicle immediately following collision, not from initial contact to final rest but upon separation. And then you do a vector analysis-
Q. You were able to go to the junkyard or wherever the vehicles were and determine their weights; is that correct?
A. They were at the county shop.
Page 12 Wyoming Reporting Service (307) 234-7969 (800) 444-2826 Page 9 - Page 12


Wait just a minute, Yearsley vehicle taken almost immediately to another state, two hundred miles away, and never again made available to other, impartial, reconstructionists.
Courious, John Daily didn't even go to the scene until after the 14th. Where was the Yearsley vehicle. Did you even examine the vehicle?

 

There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.

Elie Wiesel
 

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