Ratliff Gets 7 Years For Construction Worker Death
December 3, 2020 at 2:56 a.m.
Ratliff Gets 7 Years For Construction Worker Death
By Amanda Bridgman-
Joshua E. Ratliff, 34, of 7232 E. CR 650N, North Webster, appeared in Kosciusko Superior Court III Wednesday and was sentenced by Superior Court I Judge David Cates to six years in the Indiana Department of Corrections for a Level 4 felony causing death when operating a motor vehicle with a controlled substance in the body; and to one year in the IDOC for a Class A misdemeanor operating a vehicle with an alcohol concentration equivalent (ACE) of 0.15 or more. Those sentences will run consecutively, and Ratliff was referred to the Recovery While Incarcerated program. If he successfully completes the program, he can ask for a modification of his sentence.
The case is a result of a crash that occurred at 1:51 p.m. July 26, 2019, on Ind. 13 near Waco Drive.
Fisher, who had just turned 29 the day before, was working for Traffic Control Specialists Inc., based in Knox, along with his coworker Laura McCollister. They were finishing up for the day and removing the work zone signage, loading the signs into their work truck. The truck was parked facing south along the west side of Ind. 13.
Ratliff was driving a 2000 Ford F150 south on Ind. 13, north of Fisher’s location, when Ratliff struck Fisher, throwing him into the driver’s side of the work truck and killing him.
McCollister – who was warned by Fisher to “move!” – was pushed by the work truck into the ditch. Her face suffered injuries from being hit with airbags that had gone off, she said.
Toxicology reports revealed that Ratliff had ingested methamphetamine prior to the crash.
In court Wednesday, Fisher’s mother, Jo Fisher, gave a victim impact statement about the loss of her son.
“Your one act of negligence created an avalanche of continuing hardships that would not have happened if Benjamin was still here,” she said.
Jo said Ratliff ingested methamphetamine before putting his keys in his truck that day. “You struck, crushed, threw and killed my son,” she said. “Your disrespect of others’ lives ripped away all the healing from before,” she said, referencing a car accident from 2004 that took her eldest son’s life.
“I forgave Mr. Ratliff that very day, but I cannot forget what you’ve done,” she said.
Jo said her son was a community leader, a volunteer and had run for mayor of the city of Plymouth and had dreams to run again. His mayoral campaign slogan, she said, was “I am my brother’s keeper.” She said her family has since trademarked that slogan and turned it into a foundation called the Benjamin J.W. Fisher Memorial Foundation, where the focus will be to educate motorists of work zone and traffic safety.
Ben’s family was wearing bright yellow construction colored sweatshirts to court Wednesday that said, “Can you see me now?” on them.
Jo asked Cates to sentence Ratliff to lifetime probation and lifetime community service.
“You had no respect for anyone in your community by what you did. ... I pray that this court uses this as an example,” she said.
Jack Birch, Ratliff’s attorney, then called several character witnesses to the stand to testify on behalf of his client, including Ratliff’s wife, Roxanne. She told Cates she’s been his wife for eight years and has never known him to use drugs. However, she said, they were going through marital problems roughly six months prior to this accident and they both “were hiding (drug use) from each other.”
The court next heard from Bill Rensberger, Roxanne’s stepfather, who said he’s known Ratliff for eight years and cried on the stand about the tragic loss the Fisher family has suffered, saying he’s lost a son himself. He then said that he’s never even known Ratliff to drink alcohol, let alone use drugs and blamed the wreck instead on the two-lane traffic. Rensberger said he believes Ratliff would have had to have chosen to swerve into the other lane of traffic and hit an oncoming car head-on or hit Fisher.
“I just know Josh to be a good person,” he said.
Next, the court heard from Scott Carnell, who said he was engaged to Ratliff’s mother before she died of cancer and has been like a stepfather to Ratliff since 2006.
Carnell apologized directly to the Fisher family and then pinned most of the blame on Roxanne, saying she was “sneaking around with her ex-husband” and “has three open court cases for meth and theft.”
Carnell said Ratliff has never been a drug user and it wasn’t until his marital problems six months prior to the wreck when Roxanne was wrapped up in drugs that Ratliff became surrounded by “meth heads.”
Kosciusko County Deputy Prosecuting Attorney Joseph Sobek said, “The best thing Joshua Ratliff could’ve done is not drove with meth in his system. He made a choice that day ... someone died as a result of that. There are consequences for our actions. One of the last things Benjamin Fisher did on this earth was shouting out to Laura to tell her to move and possibly saved her life. We can’t bring him back. ... The family requests the maximum.”
“This is certainly a horrific accident,” Birch said. “Nothing can bring Mr. Fisher back. This was an accident. The first vehicle (traveling in front of Ratliff) swerved to avoid an accident, and Joshua couldn’t.”
Birch said that while his client did have methamphetamine in his system, there was no evidence of actual impairment from that.
“Just the mere fact he ingested it makes this a crime,” Birch said. “Joshua did not contest this, has pleaded guilty to all charges and accepted responsibility. He made decisions that were inappropriate ... that was out of character. He made terrible decisions and those decisions had terrible consequences. He has no criminal background, has never been convicted of anything. He wasn’t speeding, he wasn’t swerving, he just simply wasn’t able to avoid the accident like the vehicle in front of him. He even made a 911 call.”
Birch asked the judge to sentence his client to the lower end of the two- to 12-year spectrum.
“If there was anything I could do to change the outcome of the situation, I’d do it,” Ratliff said. “I never in a million years want to hurt anyone or someone’s loved ones. I am so sorry to the family of Benjamin Fisher. I’m not a bad person, and this has shown me that using drugs will take you to a dark place very fast. I’m so sorry.”
“Nothing we do here today can change what’s happened,” Cates said, and told Jo it took guts to take the stand and say what she said. He also told her that he simply cannot sentence someone to lifetime probation and lifetime community service because it’s not within the parameters of the law.
Cates also acknowledged that Ratliff has taken responsibility and has no criminal history.
“However, reading your PSI (pre-sentence investigation report), you referenced methamphetamine usage several times, let me direct you to Page 5, Page 6, Page 7, so don’t sit here and tell me you don’t have a history with using drugs. The problem with a lie is that it’s hard to keep it consistent. ... Benjamin died. This is a serious matter. I’ve heard today called tragic, heinous, horrible. Each of those are true.”
Cates told Ratliff the RWI program is a difficult program, but it would be an opportunity for him to better himself and prove to the court and the Fisher family that he takes responsibility for his actions.
According to court records, Ratliff is facing two Level 6 felonies in Kosciusko Circuit Court for possession of a narcotic drug and unlawful possession of a syringe – charges he picked up in August of this year.
After the sentencing, Jo said, “It’s just bogus. It’s wrong. You don’t drive that way. ... This could’ve set a precedent, and that’s what bothered me.”
The family will now choose to focus on work-zone awareness and their foundation. Drivers may have noticed billboards around the county with Ben’s face on them, urging motorists to be aware and slow down. Anyone who would like to donate to the foundation or sponsor a billboard can visit www.BenFisherFoundation.org or email Jo at [email protected].
“I just screamed at God that day and said I can’t do this again,” Jo said of when Ben died. “And he reached down and said we’ll do it together.”
Joshua E. Ratliff, 34, of 7232 E. CR 650N, North Webster, appeared in Kosciusko Superior Court III Wednesday and was sentenced by Superior Court I Judge David Cates to six years in the Indiana Department of Corrections for a Level 4 felony causing death when operating a motor vehicle with a controlled substance in the body; and to one year in the IDOC for a Class A misdemeanor operating a vehicle with an alcohol concentration equivalent (ACE) of 0.15 or more. Those sentences will run consecutively, and Ratliff was referred to the Recovery While Incarcerated program. If he successfully completes the program, he can ask for a modification of his sentence.
The case is a result of a crash that occurred at 1:51 p.m. July 26, 2019, on Ind. 13 near Waco Drive.
Fisher, who had just turned 29 the day before, was working for Traffic Control Specialists Inc., based in Knox, along with his coworker Laura McCollister. They were finishing up for the day and removing the work zone signage, loading the signs into their work truck. The truck was parked facing south along the west side of Ind. 13.
Ratliff was driving a 2000 Ford F150 south on Ind. 13, north of Fisher’s location, when Ratliff struck Fisher, throwing him into the driver’s side of the work truck and killing him.
McCollister – who was warned by Fisher to “move!” – was pushed by the work truck into the ditch. Her face suffered injuries from being hit with airbags that had gone off, she said.
Toxicology reports revealed that Ratliff had ingested methamphetamine prior to the crash.
In court Wednesday, Fisher’s mother, Jo Fisher, gave a victim impact statement about the loss of her son.
“Your one act of negligence created an avalanche of continuing hardships that would not have happened if Benjamin was still here,” she said.
Jo said Ratliff ingested methamphetamine before putting his keys in his truck that day. “You struck, crushed, threw and killed my son,” she said. “Your disrespect of others’ lives ripped away all the healing from before,” she said, referencing a car accident from 2004 that took her eldest son’s life.
“I forgave Mr. Ratliff that very day, but I cannot forget what you’ve done,” she said.
Jo said her son was a community leader, a volunteer and had run for mayor of the city of Plymouth and had dreams to run again. His mayoral campaign slogan, she said, was “I am my brother’s keeper.” She said her family has since trademarked that slogan and turned it into a foundation called the Benjamin J.W. Fisher Memorial Foundation, where the focus will be to educate motorists of work zone and traffic safety.
Ben’s family was wearing bright yellow construction colored sweatshirts to court Wednesday that said, “Can you see me now?” on them.
Jo asked Cates to sentence Ratliff to lifetime probation and lifetime community service.
“You had no respect for anyone in your community by what you did. ... I pray that this court uses this as an example,” she said.
Jack Birch, Ratliff’s attorney, then called several character witnesses to the stand to testify on behalf of his client, including Ratliff’s wife, Roxanne. She told Cates she’s been his wife for eight years and has never known him to use drugs. However, she said, they were going through marital problems roughly six months prior to this accident and they both “were hiding (drug use) from each other.”
The court next heard from Bill Rensberger, Roxanne’s stepfather, who said he’s known Ratliff for eight years and cried on the stand about the tragic loss the Fisher family has suffered, saying he’s lost a son himself. He then said that he’s never even known Ratliff to drink alcohol, let alone use drugs and blamed the wreck instead on the two-lane traffic. Rensberger said he believes Ratliff would have had to have chosen to swerve into the other lane of traffic and hit an oncoming car head-on or hit Fisher.
“I just know Josh to be a good person,” he said.
Next, the court heard from Scott Carnell, who said he was engaged to Ratliff’s mother before she died of cancer and has been like a stepfather to Ratliff since 2006.
Carnell apologized directly to the Fisher family and then pinned most of the blame on Roxanne, saying she was “sneaking around with her ex-husband” and “has three open court cases for meth and theft.”
Carnell said Ratliff has never been a drug user and it wasn’t until his marital problems six months prior to the wreck when Roxanne was wrapped up in drugs that Ratliff became surrounded by “meth heads.”
Kosciusko County Deputy Prosecuting Attorney Joseph Sobek said, “The best thing Joshua Ratliff could’ve done is not drove with meth in his system. He made a choice that day ... someone died as a result of that. There are consequences for our actions. One of the last things Benjamin Fisher did on this earth was shouting out to Laura to tell her to move and possibly saved her life. We can’t bring him back. ... The family requests the maximum.”
“This is certainly a horrific accident,” Birch said. “Nothing can bring Mr. Fisher back. This was an accident. The first vehicle (traveling in front of Ratliff) swerved to avoid an accident, and Joshua couldn’t.”
Birch said that while his client did have methamphetamine in his system, there was no evidence of actual impairment from that.
“Just the mere fact he ingested it makes this a crime,” Birch said. “Joshua did not contest this, has pleaded guilty to all charges and accepted responsibility. He made decisions that were inappropriate ... that was out of character. He made terrible decisions and those decisions had terrible consequences. He has no criminal background, has never been convicted of anything. He wasn’t speeding, he wasn’t swerving, he just simply wasn’t able to avoid the accident like the vehicle in front of him. He even made a 911 call.”
Birch asked the judge to sentence his client to the lower end of the two- to 12-year spectrum.
“If there was anything I could do to change the outcome of the situation, I’d do it,” Ratliff said. “I never in a million years want to hurt anyone or someone’s loved ones. I am so sorry to the family of Benjamin Fisher. I’m not a bad person, and this has shown me that using drugs will take you to a dark place very fast. I’m so sorry.”
“Nothing we do here today can change what’s happened,” Cates said, and told Jo it took guts to take the stand and say what she said. He also told her that he simply cannot sentence someone to lifetime probation and lifetime community service because it’s not within the parameters of the law.
Cates also acknowledged that Ratliff has taken responsibility and has no criminal history.
“However, reading your PSI (pre-sentence investigation report), you referenced methamphetamine usage several times, let me direct you to Page 5, Page 6, Page 7, so don’t sit here and tell me you don’t have a history with using drugs. The problem with a lie is that it’s hard to keep it consistent. ... Benjamin died. This is a serious matter. I’ve heard today called tragic, heinous, horrible. Each of those are true.”
Cates told Ratliff the RWI program is a difficult program, but it would be an opportunity for him to better himself and prove to the court and the Fisher family that he takes responsibility for his actions.
According to court records, Ratliff is facing two Level 6 felonies in Kosciusko Circuit Court for possession of a narcotic drug and unlawful possession of a syringe – charges he picked up in August of this year.
After the sentencing, Jo said, “It’s just bogus. It’s wrong. You don’t drive that way. ... This could’ve set a precedent, and that’s what bothered me.”
The family will now choose to focus on work-zone awareness and their foundation. Drivers may have noticed billboards around the county with Ben’s face on them, urging motorists to be aware and slow down. Anyone who would like to donate to the foundation or sponsor a billboard can visit www.BenFisherFoundation.org or email Jo at [email protected].
“I just screamed at God that day and said I can’t do this again,” Jo said of when Ben died. “And he reached down and said we’ll do it together.”
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