RIPPON, W.Va. — Kathy Ruth was killed while performing flagging operations at a work zone near near the Jefferson County community of Rippon on April 4, 2024. The motorist responsible was convicted of “failure to obey a traffic control device” and fined $100.
“They were afraid, really,” Ruth’s daughter Chrissy Hall said on why the charges weren’t more severe. “They had lost a case in May. It was in our mind’s eye reckless, but the judge said they couldn’t prove (it was) reckless.”
She says they’ve never received a suitable explanation for the incident in which a woman identified as Kiren Ward, 38, of Harpers Ferry veered off the road and drove her car over the flagger.
“We never got an answer,” Hall said. “The only explanation we have is she was trying to to avoid — My mom had stopped her cars and got into her safe zone and the woman, they couldn’t prove she was speeding, but instead of hitting the cars she veered off onto the shoulder and ran over my mother.”
Heather Mullins is Ruth’s niece. She reflected on her life during a recent episode of Panhandle Live.
“She was a very caring person. She was always there for everybody. If you needed anything at all, she was there at the drop of a hat.” Mullins said. “She loved her grandbabies and my babies. They’ve taken it very hard.” Mullins says all the children called her aunt “Beanie.”
Mullins who also works as a flagger implored listeners to be careful through work zones
“There are a lot of people who act entitled,” Mullins says. “They don’t want to wait. They’re late for work.”
“There’s people’s family out there,” Mullins says. 
“You’re going to work every day, you’re going to work every day. This is our every day,” Mullins said on Panhandle Live last week. “We go to work every day hoping we can go home to our family.”
Ward pleaded no contest on Jan. 16 to the misdemeanor charge of “failure to obey a traffic control device” and was ordered to pay the $100 fine and court costs.
Hall says they are taking steps to prevent similar 
incidents in the future. “We honestly did not know West Virginia does not have a vehicular or negligent homicide law,” Hall says. She says she and her brother, a marine, have been meeting with lawmakers.
They’ve also started a non-profit called “Stop For Beanie” and fundraising to purchase temporary rumble strips for small traffic control companies. “That way people will know there’s an active flagger and to slow their roll.”
“Hopefully we can prevent something like this from happening ever again,” Hall says.
House Bill 2871 co-sponsored by Berkeley County Delegate Larry Kump and a number of other delegates is one piece of legislation they are hopeful about. It has since been absorbed into another bill, but Chrissy’s brother George is hopeful about it getting to see the light of day. On their social media page “Stopforbeanie” he posted that he is hoping the community will express its support for the bill.
HB 2871 would change vehicular manslaughter from a misdemeanor to a felony.
“OFFENSES.
1 (a) When the death of any person ensues within one year as a proximate result of injury 2 received by the driving of any vehicle anywhere in this state in reckless and wanton disregard of 3 the safety of others, the person so operating such vehicle shall be is guilty of negligent the felony 4 offense of reckless and wanton vehicular homicide.
5 (b) Any person convicted of negligent the felony offense of reckless and wanton vehicular 6 homicide shall be punished by imprisonment imprisoned in a state correction facility for not more 7 less than one year nor more than five years, or by-fine-of fined not less than $100 $2.000 nor more 8 than $1,000-$5,000, or by both such-fine-and imprisonment fined and imprisoned
9 0 11 2 (c) If the death of any person ensues within one year as a proximate result of injury. received by the driving of any vehicle anywhere in this state in negligent manner, but not reckless and wanton disregard of the safety of others, the person so operating the vehicle is guilty of the misdemeanor of negligent vehicular homicide.
3 (d) Any person convicted of the misdemeanor offense of negligent vehicular homicide shall 4 be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or 5
both fined and confined
6 7 (c) (e) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of negligent vehicular homicide or reckless and 8 wanton vehicular homicide,”
HB 2923, would require the West Virginia Division of Highways to install rumble strips on all double-yellow lined highways whenever road upgrades are performed.
The Panhandle News Network’s Luke Wiggs contributed to this story.