Pubdate: Sat, 4 Apr 1998
Source: Oregonian, The
Contact:  http://www.oregonlive.com/
Author: Maxine Bernstein of The Oregonian staff

TRUCKER IN WRECK HAD DRUGS IN SYSTEM

* Tests find alcohol, cocaine, marijuana and methamphetamine in Thomas
Willeford's body following the fiery accident

Thomas Willeford had alcohol, cocaine, marijuana and methamphetamine in his
system when he drove a gasoline tanker off the road and died in a fiery
crash two weeks ago, according to toxicology results released Wednesday.

Traces of cocaine, marijuana and amphetamine were detected in a urinalysis
drug screen, and a blood test found "significant" levels of both
methamphetamine and amphetamine in Willeford's system, said Dr. Cliff
Nelson, deputy state medical examiner. His blood-alcohol level was .04. A
level of .04 or greater is considered under the influence for commercial
drivers.

"It's illegal to be driving with these substances in your system, period,"
Nelson said.

Willeford, 41, was driving a truck for the Hillsboro-based Estby
Enterprises Inc. when he was involved in the fatal accident April 15. He
had just filled the truck with 9,100 gallons of fuel at 2:25 a.m. and was
minutes into his morning route when his truck veered off the road and
plowed through the chain-link fence at Chevron Products Co.'s asphalt
refinery in Portland's northwest industrial area.

"Obviously, drugs had something to do with the cause of this accident,"
Portland police Officer Peter Gallucci said Wednesday. Gallucci said he
will complete his report on the fatal accident once he formally obtains the
toxicology results from the medical examiner's office. Nelson said he is
still awaiting confirmatory blood test results on the levels of cocaine and
marijuana in the driver's system.

Because the driver was killed, there will be no criminal prosecution,
Gallucci said.

Investigators said they may never know how impaired Willeford was. Yet,
drug experts said each of the drugs found in his system affects the central
nervous system and impairs reflexes and motor skills. Methamphetamine stays
in a person's system for about 48 hours, while traces of cocaine can be
detected up to four days after its ingestion, and marijuana, up to six
months.

"It's highly significant that this guy was a polydrug user. It's no
surprise this person was involved in an automobile accident," said Lloyd
Duncan, program director for the Alcohol and Drug Helpline, operated by the
private, nonprofit group Oregon Partnership. "For someone with this type of
responsibility, in that type of condition, it scares me to death. I
wouldn't want to be sharing the road with him."

The state Department of Transportation detected no mechanical problems with
the truck after examining company records, said David McKane, supervisor of
the Motor Carrier Safety Enforcement Unit.

The toxicology findings outraged state lawmakers, who questioned why a
driver with an extensive record of motor vehicle violations, including two
prior drunken-driving convictions, was allowed to haul such hazardous
material in the first place.

"It's his boss' fault. The boss should have known. He has ultimate
responsibility for his employees," said state Rep. Bob Montgomery,
R-Cascade Locks, chairman of the Legislature's Transportation Committee.
"It's just ludicrous that this man could have been behind the wheel of this
truck."

Dwight Estby, Willeford's employer, said Wednesday that he was unaware
Willeford was under the influence of any illegal substances. When he was
told the results of the toxicology tests, Estby said:

"That's not good. That's not acceptable. If we had found out any
information about that, he wouldn't have been allowed to drive that truck."

Immediately after the accident, Estby said he was unaware of Willeford's
poor driving record, although the company is required to review a driver's
record on an annual basis.

Willeford had an extensive motor vehicle record, with 11 convictions in the
past 13 years, including two drunken-driving convictions in 1984 and 1985.
He had his personal driver's license temporarily suspended in October 1997
after he failed a breath test test following a traffic stop Sept. 13 in his
personal car. Police also found methamphetamine in Willeford's pocket
during that incident.

Because his two prior drunken-driving convictions occurred more than 10
years before his 1997 failed breath test, his license was not revoked.
Instead, with his boss' help, Willeford obtained a hardship permit from the
state to allow him to continue to drive for work during the restricted
hours of 8 p.m. to 8 a.m., until his personal license was reinstated in
January.

In March, Willeford pleaded guilty to possession of methamphetamine and was
ordered to enter a diversion treatment program for the September
drunken-driving charge.

State Rep. Mike Lehman, D-Coos Bay, said tougher laws are needed to prevent
a commercial motorist with a record of traffic violations from continuing
to operate a hazardous vehicle.

"One strike, OK, but maybe we should have the license revoked after two
strikes," Lehman said Wednesday. "This is crazy."

In February 1998, the Oregon Department of Transportation cited Estby for
failing to conduct an annual review of Willeford's driving record, failing
to include Willeford in random drug testing last year and allowing him to
drive in December 1997 with a suspended license, state records show.

Since the accident, Estby said, he has signed up for a voluntary state
program in which the state DMV will alert him each time one of his drivers
has a motor vehicle violation placed on their record.

Montgomery, though, said the state is not responsible for monitoring a
driver's conduct.

"The state can't be there and baby-sit each driver," he said. "We can't be
there checking him daily. It's the company's responsibility to check their
driver every night before he gets into the truck."

Maxine Bernstein covers the Portland Police Bureau for The Oregonian's
Crime, Justice and Public Safety Team. She can be reached by phone at
221-8212, by mail at 1320 S.W. Broadway, Portland, Ore. 97201, or by e-mail
at