Posted on Sat, Apr. 03, 2004

MIAMI HERALD

FORT PIERCE
Farm trip in packed van follows fatal pattern
Investigators are retracing the latest tragedy to hit state farm workers: A van packed with 19 workers rolls over onto a median on I-95, killing seven and injuring 12.
BY PHIL LONG AND RONNIE GREENE
rgreene@herald.com

FORT PIERCE - The van was built for 15 but filled with 19, and when it rolled over onto a grassy median on Interstate 95 in Fort Pierce, it catapulted seven migrant farmworkers to their deaths and sent 12 to local hospitals.

''It looked like a bomb had gone off,'' Lt. Tim Frith, spokesman for the Florida Highway Patrol Troop L, said of Thursday's crash. ``There was debris just everywhere. It just gave me the vision I see on TV, the images of a car bomb going off overseas.''

There were bodies in the northbound lane, along the shoulder.

Now, as investigators retrace this latest roadside tragedy to befall Florida farmworkers, advocates are asking anew: Why does this keep happening?

''Every year, there's at least one major van accident involving farmworkers in Florida,'' said Julia Perkins, with the Coalition of Immokalee Workers, a nonprofit that fights for stronger workplace safeguards.

''It happens because there's not enough enforcement in the industry,'' she said. ``And there's also a lack of basic human rights . . . afforded workers.''

SAFETY VIOLATIONS

Florida leads the country in the number of scofflaw farm labor bosses, and transportation problems are one reason. Farm bosses sometimes squeeze too many humans into vehicles that are too small, or they ignore insurance or safety requirements, often in a quest to snare as much profit as possible by saving on labor costs.

In 2002, for instance, the U.S. Department of Labor conducted an informal study to see how many growers and contractors were in compliance with the Migrant and Seasonal Agricultural Worker Protection Act, which covers transportation and other issues. It found that, nationwide, 10 to 15 percent did not comply with various transportation rules.

When that happens, the results can be deadly, though investigators say it's too soon to conclude what caused Thursday's rollover, or whether laws have been violated.

It occurred about 6 p.m. as a group of 19 predominantly Mexican farmworkers, employed by Circle H Citrus Inc., were returning from a day's labor in a Sebastian grove 30 miles away.

The crew was traveling in a Ford 350 cargo van. Witnesses told the FHP that the van swerved as it headed home, crossed over to the median, and then rolled over repeatedly. The driver, among those injured, may have become distracted, the FHP said.

THROUGH THE AIR

The van tumbled through the air, tossing bodies out with each flip. Some of the bodies, dead and alive, landed northbound. Others were dropped at the edge of the shoulder.

''The van flipped several times very violently,'' Frith said. A witness described it as ''vaulting'' in the air, he said.

The migrants were not wearing seat belts, the FHP believes.

After the crash, bodies strewn over the highway, I-95 was shut down for hours. With some of the injured in serious condition, it's possible the death toll will rise.

Circle H Citrus' president is George Pantuso. Last month, Gov. Jeb Bush appointed Pantuso, a Fort Pierce businessman and campaign supporter, to serve on the influential Florida Citrus Commission. On Friday, Circle H officials did not respond to written questions from The Herald.

''We are not at liberty to answer questions because it is still under investigation,'' said Pat McCants, a company spokeswoman. ``Our heartfelt sympathies and condolences go out to their families.''

In 2000, a van used by the company was involved in a crash in Fort Pierce, injuring nine citrus workers, though none seriously, according to news reports.

Now, investigators from the FHP, along with others from state and federal agencies that oversee farmworker conditions, are sure to launch inquiries into Thursday's crash.

QUESTIONS

They are likely to examine whether Circle H allowed unsafe conditions that contributed to the accident.

Among the questions:

• Whether the van, which was built for 15, was illegally overloaded.

''If there were 19 people who were in a van, that is illegal,'' said Lisa Butler, a lawyer with Florida Rural Legal Services who fights for farmworker protections. ``And it is illegal because it's unsafe when you overload the vans. One, they roll. Two, they blow tires. Three, they don't steer right.''

FHP is examining that issue and said Friday that the van appeared to be overloaded. The agency cautioned, however, that it would await a fuller review, since it's possible the van had been modified to allow more passengers.

• Whether the driver was certified to operate the vehicle.

Frith said investigators believe that Salvador Leon, 34, of Fort Pierce, was the driver. Although the investigation is preliminary, Frith said Leon does not appear to have the proper ''D'' class of Florida driver's license to be driving a van carrying workers. Leon has a standard ''E'' class license like most noncommercial drivers.

Frith said the current license was suspended in December for failure to comply with the state's insurance coverage laws. He also said Leon's driving record shows two speeding violations, one in North Carolina in 2003 and one in St. Lucie County in 2000.

VEHICLE MAINTENANCE

• ''The next question is going to be, Was the vehicle inspected for safety and insured as required?'' said Butler, who has filed civil suits on behalf of farmworkers.

Leon comes under state regulation as a labor contractor and the department will investigate whether he had the proper license and medical examination and the vehicle was properly insured, said Kristen Ploska, spokeswoman for the Florida Department of Business and Professional Regulation.

Records show, Ploska said, that Leon renewed his state labor contractor's license in July 2003.

Meantime, the Highway Patrol is undergoing the arduous task of contacting families and identifying victims.

Frith identified three of the victims as Jose Luis Garcia Pichardo, Juan Garcia and Jose Garcia. He said ages, addresses and additional information were not available.

As of late Friday, Frith said, two people remained in ''very critical'' condition. Eight others were in varying conditions in five hospitals, and two had been released, but had not been interviewed by troopers as of late Friday afternoon.

Frith said the department was not releasing names of the injured or the others killed until families have been notified.