In March 2022, tow operator Ross Booker, just 22 years old, was struck and killed by a 16-year-old motorist. As Ross worked to clear debris from the roadway, the teen driver allegedly failed to slow down at an active crash scene. It was hoped that the state’s Scott’s Law would offer some measure of protection for roadside responders, but that wasn’t the case.
State Attorney Julia Rietz explained, “There was a train going by at that same time—it was loud, it was dark, he was doing his job, and he stepped back into the right through lane. It is a tragic accident.”
At the conclusion of the crash investigation, the teen was issued only a citation for failing to slow down to avoid a collision. However, dashcam footage from a police vehicle presented challenging evidence, indicating the teen’s driving was not reckless and did not violate Scott’s Law.
When tow operators are killed in the line of duty, the towing and recovery community expects motorists who violate the law to be held accountable. Yet in many of these cases, charges are reduced, bargained away, or dropped entirely—prompting a reasonable question: Why no jail time?
Yet Another Example
In February 2022, in New York, tow owner-operator Irael Martinez was loading a vehicle onto his carrier when he was struck and killed. New York businessman Richard Congel allegedly drove drunk along the Onondaga Lake Parkway when he hit Martinez as the operator assisted a disabled vehicle. Upon his arrest, the elderly motorist tested positive for opiates, amphetamines, benzodiazepines, and marijuana.
Further investigation determined that Congel was allegedly operating “in a high state,” with four substances in his system at the time of impact. He was charged with driving while impaired. But in a sad turn of events, those charges were dropped after prosecutors and the NYPD concluded they could not prove the drugs impaired his driving based on expert testimony.
According to the Onondaga County District Attorney’s Office, Congel faced no prison time and received only a citation for failing to slow down and move over.
While it’s easy to point fingers at the motorists involved, the justice system demands solid facts and science; not emotion or heartbreak. When the evidence doesn’t prove impairment, charges are dismissed. That’s the harsh reality.
Somewhere during the investigation, it was reported that Congel suffered from a brain tumor at his advanced age. Was the judge sympathetic, believing that condition was punishment enough? Or did expert testimony clear him of wrongdoing? In the end, one question remains: What about the tower’s loss of life?
Here’s the Rub
When impaired motorists aren’t held accountable for their actions, it sends a painful message that the lives of tow operators have little meaning or worth. Within our industry, each time we learn that charges are dropped or reduced—and the impaired driver walks free—it’s a gut punch of the hardest kind. When justice isn’t served, it offers no comfort to the grieving families left behind.
It’s important to remember that when criminal cases go before a judge and jury, the burden of proof must reach beyond a reasonable doubt. If that threshold isn’t met, cases are dismissed or never filed.
During a judge’s review, many factors come into play: the accused’s prior driving record, the elements of the alleged crime, whether a violation of law occurred, if intoxication or impairment was involved—or whether the crash was ultimately ruled a tragic accident.
Another Story Exists
In November 2023, Michigan tow operator Keagan Spencer attempted to corral a loose dog on a highway’s center median when he was struck and killed by a 19-year-old motorist. The driver reportedly had been on his cellphone for 13 seconds before impact while traveling at an estimated 80 miles per hour.
During sentencing, Keagan’s wife delivered a gut-wrenching impact statement to the tearful young motorist. Perhaps the presiding judge felt sympathy for the defendant—because at trial’s end, the sentence was light: two years’ probation, payment of funeral expenses, 500 hours of community service, and no contact with the Spencer family. That was it.
Matt Spencer, Keagan’s father and tow company owner, told local news, “I was angry at first, just livid that that’s all that somebody’s life is worth.” In an emotional plea to the motoring public, he continued, “Granted, the young man who struck and killed Keagan—it was a mistake. I don’t feel any ill will toward him. It was an honest mistake. I believe that.”
Mr. Spencer added, “We need to send a message to the community that this culture of not paying attention behind the wheel has got to change.” His words ring true for all motorists, but as this case shows, a judge’s verdict can never be predicted.
Don’t Lose Faith
To the contrary, there are cases where justice is served. In 2015, Michael Gilbert Gray, 49, was convicted of killing tow operator Fred Griffith on a San Diego freeway. Driving under the influence with three prior DUI convictions, Gray was found guilty of gross vehicular manslaughter—his blood alcohol content registering at .27 percent—and additional felonies were noted in his record. He was sentenced to 30 years to life in prison.
The towing industry has suffered hundreds of line-of-duty fatalities, many the result of senseless acts by intoxicated motorists. In every case, we must continue to trust, support, and uphold law enforcement and the justice system to perform their investigative magic—ensuring every nitpicking detail is proven in the district attorney’s case file.
I’d like to believe that’s always the case. But consider the example of Olympic medalist Mary Lou Retton, arrested and charged with alleged DUI in July 2025. What message does it send to motorists when someone in the public eye receives only a $100 fine? If it were any of the rest of us, would we have received the same leniency? I think not.
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 55-years, he has been involved in the towing and recovery industry. In 29-years, he has contributed more than 760-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee.
Email Randy at rreschran@gmail.com.
