Fallen wrecker driver's widow continues to advocate for change ahead of the new year

A man who is accused of crashing into a wrecker driver and killing him while intoxicated in 2022 is slated to appear in court next week.

On Nov. 26, 2022, John Alic Mills, 31, was loading a disabled Tesla onto his Red Beards Towing wrecker on the shoulder of U.S. Highway 69 when Robert Marshall struck him with his 2006 Cadillac DTS.

“The Cadillac departed the roadway to the right, entered the shoulder, and impacted the Tesla. The Cadillac then impacted John Mills and the right-side tires began driving up the ramp of the rollback, causing the Cadillac to roll onto its top,” an affidavit stated.

Marshall, 78, was transported to St. Francis hospital in Muskogee where his blood was drawn. A report from the Oklahoma State Bureau of Investigation indicated that Marshall’s blood alcohol level exceeded the legal limit.

According to the information report, Marshall was under the influence of alcohol and morphine at the time of the crash. District 27 District Attorney Jack Thorp charged Marshall with first-degree manslaughter.

John Mills' widow, Chelsea Mills, created a website, www.fallentowops.com, last year to showcase the dedication of wrecker drivers who have sacrificed their lives while fulfilling their duties.

"As a mother to our youngest son, who was only 15 months old when his father passed away, it has become my mission to raise awareness about the tireless efforts of tow operators who put their lives at risk every day to ensure your safety on the roads," Mills stated on the website.

Oklahoma legislature passed House Bill 2684 which establishes fines for drivers who endanger emergency responders by not slowing down or moving over for stopped emergency vehicles. A driver could be fined $1,000 for a first offense and $2,500 for a second offense. A driver could be fined $5,000 if an emergency worker is struck and injured and up to $10,000 if an emergency worker is killed.

"Too often, our police officers, firefighters, paramedics, tow truck operators and other responders are put in harm's way while responding to emergencies on Oklahoma's roadways," OK Sen. Blake Stephens, R-Tahlequah, said in a press release. "We want to ensure they can do their jobs safely, and by drivers slowing down and being more attentive, we hope to see less accidents, injuries and deaths of our selfless first responders."

The Bernardo-Mills Law, which was named after John Mills and wrecker driver Bernardo Martinez who was killed in 2020, went into effect in 2023. Rep. Neil Hays, R-Checotah, was the House principal author of the bill while Stephens was the Senate author.

Chelsea Mills has been to every court appearance of Marshall's and plans to be in the courtroom until justice is served for her husband. She said the choice to drink and drive is a lasting one.

"I don't think that anyone stops to think about the lasting consequences of having that drink and getting behind the wheel. It's a butterfly effect on the families of the one who does it and the one who don't survive it. Both leave behind a legacy. It's up to the person making that choice if they want to be remembered as a person who made a poor choice and altered the future of many people in a negative way, or if they want to be remembered as someone who altered those lives in a positive way," Chelsea Mills said.

Marshall pleaded not guilty to the manslaughter charge and an offer was made, a minimum of 25 years. Chelsea Mills said Marshall didn't take the offer and the case is slated for the felony jury sounding docket Tuesday, Jan. 7.