CANADIAN COUNTY, Okla. (KFOR) – New court documents show Donald Biffle is being charged with negligent homicide for his alleged role in the fatal accident at Banner Rd. and Highway 66 on November 24th.
Biffle is accused of running a stop sign, hitting, and killing 72-year-old Ray Davis.
That charge is a misdemeanor that carries a maximum penalty of $1,000 and one year in prison.
Something the Davis family is not very happy about.
“My thought process was complete shock of course. I immediately contacted the DA’s office,” Ray’s daughter Candy Schwarz told News 4. “Nothing is going to bring my dad back, my dad is gone. My family and I feel, first of all, it’s our responsibility to work with the DA’s office for him to be fully punished.”
Candy says she believes more charges are coming, especially after looking into Biffle’s criminal past.
Biffle has a DUI conviction in Oklahoma County from 2012, and after looking at the court documents, she says he didn’t do everything required to get his license back.
“Somehow in spite of this, he somehow managed to get a license,” Candy said. “Not just a license, but a CDL.”
Court documents also show Biffle had an active warrant in McClain County for writing bad checks, and drug charges in Leflore County.
Charges Candy says he should have been behind bars for when he allegedly caused the crash that killed her father.
“He should have been in jail for failing to comply with his terms, and start the process of his three-year deferment,” Candy said. “He should not have been out, period.”
The Davis family is also filing their own lawsuit against Biffle.
The lawsuit claims Biffle “did not call 911, despite having a cell phone within reach.”
The suit also says he “did not flag down other motorists to help” and Biffle “stood back and watched Ray Lee Davis die.”
“Making those choices, he has consequences. I feel like, as Ray Davis’ daughter, I have to do what I can to enforce the full maximum amount of consequences allowed under Oklahoma law,” Candy said.
She was furious to find out there isn’t a stoplight at the deadly intersection because of a disagreement between ODOT and Canadian County over who would pay to maintain it.
“Whether it’s ODOT or whether its the commissioner I don`t know. I really at this point don`t care,” Candy told News 4. “We want that fixed now. I mean not in six months, not in a year, not in five years. I want to see it tomorrow, next week.”
ODOT and county officials met at the beginning of December and decided there will be a traffic signal.
They say the process could take two years or more, so that’s why in the meantime they plan on making it a 4-way-stop.
“The stop signs are the perfect interim countermeasure to happen in advance of a traffic signal,” ODOT Chief Engineer Brian Taylor said. “With the 4-way-stop we get to train the public to a stop condition.”
They hope to have that done in the next 45-60 days.