WAGONER, Okla. — Wagoner County District Attorney's Office filed charges Monday in the November 26, 2022 death of tow truck operator John Mills.
According to DA Jack Thorp, Robert Marshall currently has a warrant out with a charge of felony first degree manslaughter.
Mills, a new father who was out on a call on Highway 69 near Wagoner that day, worked for Red Beard's Towing.
Records state that while Mills was working on the shoulder he was struck and killed by a car driven by Marshall, who was allegedly under the influence of alcohol and morphine, according to an affidavit obtained Monday.
Red Beard's Towing owner Mack Parks told 2 News the crash could've been prevented.
"We were angry. We were confused," Parks said. "John is a safe operator. We practice safety here. Everybody works with lights and every piece of safety equipment we can."
Muskogee State Rep. Neil Hays also said the tragedy should have never happened, and drafted a bill in the 2023 Legislative Session that enforces more precautions for Oklahoma drivers.
"I just wanted to make a difference. I want to make sure that everybody that goes out and works or streets, whether ODOT, police, fire, or tow truck operators - that they had an opportunity to come home like everybody else," Rep. Hays said. "You and I come home every day. Why can't they come home every day?"
House Bill 2684, AKA the John Mills bill, passed unanimously and takes effect November 1, Hays said.
It requires drivers to slow under the speed limit for someone on the shoulder, and raises fines and penalties for anyone who violates.
Not only will the law cover responders but also anyone stopped on the side of the road with hazard lights flashing.
Parks said it helps his team heal knowing that Mills legacy can help save lives in Oklahoma.
"It's a life on the side of the road," Parks said.
"And this bill doesn't only help us. It helps your grandma on the side of the road. It helps the Channel 2 News car with their flashers on shooting a car wreck. It helps a fireman. And it helps a tow truck operator."
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