Decision on charges expected soon in hit-and-run case

POPLAR BLUFF, Mo. -- Authorities soon may decide whether to charge a former local businessman in connection with a hit-and-run accident that killed a Poplar Bluff teenager.

Ian Page, assistant prosecuting attorney for Pemiscot County, Missouri, was scheduled to meet Thursday with Butler County, Missouri, officials concerning the death of Heavenly Grace Hafford, 13, who authorities said died of blunt-force trauma after being struck by two vehicles Dec. 9 as she was crossing Kanell Boulevard.

Both vehicles left the scene.

Presiding Circuit Judge Michael Pritchett appointed Page in July to investigate Benjamin Ressel's role in the accident.

Through an investigation, authorities identified Ressel as the second driver.

Investigators found suspected "biological material" on the undercarriage of Ressel's truck; authorities said a DNA analysis of the material matched it to Hafford.

In early June, Butler County Prosecuting Attorney Kevin Barbour announced he was not pursuing charges against Ressel based on his review of investigative reports, which indicated Hafford was killed by the impact from being struck by the first vehicle, driven by Randel Craig Sparks of Poplar Bluff.

According to Butler County Coroner Jim Akers' report, which Sgt. Joe Weadon cited in his reconstruction report, Hafford was "killed as a result of the impact with (Sparks' car).

"Therefore, when [Ressel's truck] ran over her body after it came to rest following the impact with [Sparks' car], she would not have been alive, and it is not considered a injury or fatality crash."

Akers earlier said the determination as to which vehicle caused Hafford's death was based on the scene investigation, not an autopsy, as there was "clear evidence" at the scene "we were able to match up the injury to each vehicle."

Based on the scene, Akers said, Hafford "received head and neck trauma, which you could clearly see from the first vehicle.

"We had evidence that her heart stopped before the second vehicle" hit Hafford.

Barbour earlier said in his review, he found the Missouri State Highway Patrol report he received did not support charges against Ressel; however, a pathologist who worked with Akers on the case later said the short time between the two vehicles striking Hafford made it impossible to prove she was dead before the second impact.

To convict someone of leaving the scene of an accident, the state must prove property damage or an injury or fatality occurred, and the driver left the scene without notifying authorities about the crash.

"You have to prove injury or a fatality. ... There is no evidence, from what I can see in the report, that the second vehicle caused any injury or fatality," Barbour said.

Barbour later asked Pritchett to appoint a special prosecutor.

"Due to the media coverage, and the recent request of the coroner for a grand jury, this office feels that effectiveness in this case has been compromised, and therefore, we are requesting appointment of a special prosecutor," Barbour wrote in his motion.

Sparks, 42, is charged with leaving the scene of an accident and tampering with physical evidence in connection with the crash, both felonies.

He is accused of destroying evidence on his vehicle, which was found shortly after the crash.

Authorities determined Hafford ran into the path of the car, and no charges would have been necessary had Sparks not fled the scene.

A warrant was issued last week for Sparks' arrest after he failed to appear in court in Greene County, Missouri, in connection with the accident.

He was supposed to appear Aug. 18 for a pretrial conference in his case, which had been granted a change of venue.

His lawyer, Steven Lynxwiler, said Sparks didn't show up because he was in a Springfield, Missouri, hospital at the time.

Pertinent address:

Kanell Boulevard and Maud Street, Poplar Bluff, Mo.