No charges against businessman in Poplar Bluff hit and run case

POPLAR BLUFF, Mo. — No charges will be filed against a former Poplar Bluff businessman in connection with a December hit-and-run accident that killed a Poplar Bluff teenager.

Butler County Prosecuting Attorney Kevin Barbour said his decision not to pursue charges against Ben Ressel was based on his review of all the investigative reports, including the Missouri State Highway Patrol’s reconstruction report, which he received May 27, as well as a lab report.

Ressel had been investigated in connection with the crash in which Heavenly Grace Hafford, 13, died of blunt-force trauma after she was struck by two vehicles at 7:15 p.m. Dec. 9 as she was crossing Kanell Boulevard near the Maud Street intersection.

The junior-high student was walking home with a friend. She had been to Mansion Mall to buy shoes for an upcoming school choir recital.

The first vehicle, which allegedly struck the teen, was found shortly after the crash, and its driver, Randel Sparks, who allegedly was destroying evidence from his vehicle, was arrested.

The 42-year-old Poplar Bluff man subsequently was charged with felony leaving the scene of an accident and felony tampering with physical evidence. His case recently was moved to Greene County on a change of venue.

Based on a witness’ report, authorities began searching for a late-model Ford F-150 pickup, described as a 4X4 crew cab, with four doors and a short bed and “bright white headlights.”

Investigative leads and witness statements reportedly led authorities to suspect Ressel was the second driver.

As part of the investigation, Ressel was arrested, his truck was impounded and a search warrant was executed on it.

Investigators found what earlier was described as suspected “biological material” on the undercarriage of Ressel’s truck. Authorities said the lab analysis of that forensic evidence was a match for Hafford’s DNA.

“I talked to the victim’s father (Wednesday), and unless something drastically changes, the report I have does not support charges against the second vehicle (Ressel),” Barbour said.

There are two elements the state must prove to convict someone on a leaving the scene of an accident charge — the driver left the scene without notifying authorities about the crash and property damage or injury/fatality occurred.

“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. “I can’t change the law.”

Barbour said he decided not to seek the appointment of a special prosecutor to review the case against Ressel.

If there had been any question “at all” in the report’s findings regarding Ressel, Barbour said, he would have asked for a special prosecutor, but the report was “clear cut.”

The event analysis included in patrol Sgt. Joe Weadon’s report states Hafford came to rest in the “northern most” eastbound lane of Westwood Boulevard after allegedly being struck by Sparks’ car.

“While her body was lying in the roadway, [Ressel’s truck] struck [Hafford’s] body and drug it to its final resting position,” Weadon said.

According to Coroner Jim Akers’ report, Weadon said, 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 an injury or fatality crash.”

Akers said the determination as to which vehicle caused Hafford’s injuries/death was based on the scene investigation, not an autopsy.

“There was no autopsy,” Akers said. “(Children) under 1 year, without a known medical condition, we have to have an autopsy.

“(Children) 1 year to 18, then it is the determination made by the child-death pathologist and the coroner,” he said.

Akers said he always relies on the child-death pathologist, who in this case was Dr. Russell Deidiker, to make the recommendation.

“I go off his recommendation,” Akers said. “In this case, the cause and manner of death were clear, and an autopsy was not warranted.

“[Deidiker] was clear the autopsy would show blunt-force trauma, but it would take scene investigation to determine, if it was determinable, which vehicle caused the death or it if was a combination.”

According to Akers, there was “clear evidence” at the scene, which “we were able to match up the injury to each vehicle.”

As part of his investigation, Akers said, he had a full-body X-ray completed on Hafford and held onto her body for three days while “the pathologist and I discussed this.”

After seeing Sparks’ car, Akers said, he was able to “determine and match up” the injuries allegedly caused by that vehicle.”

Ressel’s truck, he said, wasn’t found for about a week, so “I was able to determine the first vehicle killed her before I even knew who the second vehicle was.”

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, he said.

Hafford did not bleed from any of her injuries, indicating the impact with the first vehicle killed her instantly, Akers said.

Although Ressel will face no criminal charges, he, along with Sparks, are parties in a wrongful-death lawsuit filed in Butler County by Hafford’s father, Steven.

“Mr. Barbour has his job to do, and we have our job to do,” said Dexter attorney C.H. Parsons. “On behalf of Mr. Hafford, we have filed a lawsuit for the wrongful death of his daughter, Heavenly Grace Hafford, against both persons the authorities have identified as the hit-and-run drivers.

“We believe the lawsuit to be valid and will fight until justice is served.”

The lawsuit is set for a case review at 9 a.m. Oct. 24 before Presiding Circuit Judge Michael Pritchett.

Pertinent address:

Kanell Boulevard and Maud Street, Poplar Bluff, Mo.