Story Created:
Apr 30, 2008 at 8:31 PM CDT
Story Updated:
May 1, 2008 at 12:18 AM CDT
JONES COUNTY - When Phil Horak went in Buffalo Creek with his girlfriend and their four kids on April 23, rescuers had to act quickly. Three of the kids weren't able to get out of the overturned car right away.
A bystander jumped in and pulled two out.
"You could see the rear tires, but the rest of the car was under water," said rescuer Jones County Sheriff's Deputy C.J. Sullivan.
Sheriffs deputies pulled the last child out minutes later.
Authorities could only prove one of the kids wasn't properly restrained, by state law any child under six is required to be in at least a booster seat. Horak said the kids in the car were ages 5, 4, and two were 2. Investigators only found one car seat at the scene.
The father said one child was wearing a seat belt and two other children were sharing a seat belt.
Rescuers said that may have saved lives because one kid was able to find an air pocket, and the other two didn't have as much holding them in.
"If they were in car seats, it could have been a different story, I'll give you that part yes," said Sullivan.
But, before anyone thinks not having those kids in car seats when the dad swerved to miss an animal and ended up in the creek is a good thing, Sullivan said they're just lucky. He said if the dad would have swerved the other way, into a bluff, it would have been a different story.
Horak didn't want to talk on camera about the crash. He said, however, the family is always buckled up correctly, just not that one time.
Sheriff's deputies said not every family is as lucky, and it's a reminder that you never know what can happen.
Horak also pleaded guilty to driving with a suspended license for non-payment of fines.
Horak said since the crash, the kids have been in and out of the hospitals, but adds they are getting better.
On Friday the pizza-delivery driver who pulled two of the kids out of the car will be honored.
The Jones Regional Medical Center is having a ground breaking for a new building.
During that ceremony, hospital officials will present Bob Bierer with a medal of honor for his heroic actions.
Email Justin Foss at Justin.Foss@kcrg.com
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Friday, May 16 at 1:47 PM someone wrote ...
JUST TO CLEAR UP SOME CONFUSION THAT I THINK THAT EVERYONE IS HAVING...HOLLY ONLY HAS 2 KIDS. PHIL HAS THE THE OTHER 2. THEY ARE NOT THE PARENTS OF EACH OTHERS KIDS AS THE REPORT IS MAKING IT SEEM. NOT THAT IT MAKES ANY DIFFERENCE ON THE SITUATION, BUT WHAT ABLUT THE BIOLOGIC PARENTS OF BOTH SETS OF KIDS. WHAT ARE THIER VIEWS ON ONE ANOTHER. AND YES DHS SHOULD BE WATCHING THIS COUPLE OF "PARENTS". THAT IS WHY WE HAVE THEM, TO PROTECT OUR FUTURE YOUTH.
Flag for moderationTuesday, May 13 at 2:36 PM jack wrote ...
condeming phil 4 driving on a suspended license is wrong if we observe the reason 4 the suspension. it does not mean he could not operate the vehicle safely under the cicumstances. when it comes to seatbelts that is another issue I had sufered from a health condition that the seatbelt agravated it. seatbelts should be a strong recomendation and not a law that a cop can summon u. in this case and others (4 example if it's hindering breathing ability or acid reflux enough to distract youre drivin
Flag for moderationFriday, May 2 at 8:54 PM Agree wrote ...
I agree with Cedar Rapids mama. Police enforcement have acted appropriately. Thank goodness everyone is okay...but still, a law is a law. Take care of your kids, put them in car seats. If your licence is suspended...it's probably for a reason, don't risk you're kids' lives! Why didn't the 'mom' get any child endangement changes?
Flag for moderationFriday, May 2 at 3:36 PM Cedar Rapids mama wrote ...
I think I want to move to Jones County, great work law enforcement and first responders...even their pizza delivery guys are superheros! Yes, the guy broke the law and risked his family's life, it's called child endangerment, of course he deserves citations...duh, I can't believe so many people think otherwise!
Flag for moderationFriday, May 2 at 2:42 PM For A Father wrote ...
Some of us do not commit crimes and thus do not have to give out our names. Anyone who fails to follow the laws WILL be named on tv and in the newspaper. Such is life. IF people prefer not to be judged then think before you act.
Flag for moderationFriday, May 2 at 10:12 AM A Father wrote ...
Anyone who wants to judge other people is free to put ther personal information on this website. It will also help those who think they have never doing anything wrong. Then us as a society will dig up your past and make judgements about YOU.
Flag for moderationThursday, May 1 at 10:00 PM marty wrote ...
I saw someone hit a deer with their car and the deer flew ten feet in the air and landed in the oncoming traffic lane. Luckily I was able to get off the side of the road to avoid having the deer come through my windshield. I would have tried to miss the deer also. As for the belts sometime you win and sometime you lose. They won in this situation. Each accident is different. Now give this story a rest and leave the people alone!
Flag for moderationThursday, May 1 at 9:53 PM Mother of 2 wrote ...
I think the law is 6 years or 60 lbs.for the car seat. Sometimes I think people don't feel like they have a choice. Maybe he had a past that he is trying to come back from and just can't catch a break. Lossing your license for not paying fines. How can you work to pay fines if you don't have a license? I am confused about our legal system, it doesn't make sense. Good luck to the family, Life is to short, hopefully this can be a learning experience.
Flag for moderationThursday, May 1 at 8:27 PM Hey "real parent" wrote ...
I got rear ended by someone who had their license suspended. They were elegible to get it back, but hadn't yet. She had been paying her insurance (Progressive) and they did cover the accident. So get your facts straight and while you are at it buy a dictionary. You could use one.
Flag for moderationThursday, May 1 at 8:21 PM rolling eyes wrote ...
Hey Very Simple @ 11:37 am. You are definitely simpleminded. My husband and I had one child and then decided to have another. We got a bonus...twins. So I guess by your logic I should of had a selective abortion to reduce the pregnancy to one. Well forget it. We make it, barely, and I don't take any help from you. So come down off your high horse and just be glad that this family is safe.
Flag for moderationThursday, May 1 at 3:07 PM Driver Ed Teacher wrote ...
So this accident is one of the small % where seatbelt may have hindered; seatbelts save lives. Yes 20, 30 years ago we didn't have them, what did we have? We had big cars made of steel that most people drove at 55 mph. Today we have plastic coated missiles traveling 70mph or more. Excuses are what people give when they know they are wrong! "This was the only time" "Can't afford" "Silly law". Point blank, he broke the law, he pays the price. Thank goodness the children are alright.
Flag for moderationThursday, May 1 at 2:56 PM Anonymous wrote ...
Seriously, get over it. Mind your own business, get on with your lives.
Flag for moderationThursday, May 1 at 2:42 PM Anonymous wrote ...
KCRG really should stop letting idiots put their comments on this site. For everyone's sake.
Flag for moderationThursday, May 1 at 2:38 PM mother of 3 again wrote ...
all u people that are negative about this whole thing dont u have anything better to do but harp on this poor family. let it go. and as for the comment by 11:37 a.m. very simple idea stated that she has to help support everyone elses kids along with her own. dont even go there. with the way the economy is and the prices of food and such unfortunatly alot more families are gonna need extra help and it could very easily be u that needs helps so think before u speak next time.
Flag for moderationThursday, May 1 at 2:37 PM Interesting... wrote ...
Censorship of negativity on most articles but not this one...what is the difference?
Flag for moderationThursday, May 1 at 2:28 PM Anonymous wrote ...
He swerved to miss an animal?! What was it an elephant?! That was his first mistake...If it walks out in front of me? Its going to get hit. Never risk your life for a dumb animal!!
Flag for moderationThursday, May 1 at 12:20 PM Old Guy wrote ...
Glad to hear you and the kids are doing fine. Good job to all the efforts to save the lives here. A special thanks to the Sheriff and the Piza guy. Job well done. I will not take judge ment here as it is another story about one persons oversight. I have done it. I rasied two cool sons and i am sure i made some mistakes from time to time. Just glad all are ok!!!!
Flag for moderationThursday, May 1 at 11:43 AM Reality Follow-up wrote ...
Or...Maybe the car seats were left with the father's other girlfriend and so they didn't have the option to get them. Or maybe the car seats were stolen by gypsies and sold for money to help feed THEIR families. Or maybe PETA stole the car seats because they contained leather, or fur. Or maybe there were car seats, but they were Hanah Montana car seats and the kids were getting old enough not to like her anymore. The possibilities are endless. As are the useless comments.
Flag for moderationThursday, May 1 at 11:37 AM Very simple idea wrote ...
If you can't afford to have kids then DON'T! Carseats are required. No carseats. No kids. Why can't people keep their legs closed or use birth control? I am a mom with TWO kids of my own. I love kids and would have a dozen but guess what. I can only afford TWO of my own as I have to help everyone else pay for their 4 or 5 or 6.
Flag for moderationThursday, May 1 at 11:21 AM Anonymous wrote ...
Most importantly, the kids didn't get hurt. Was it necessary to charge the driver in this instance? I don't think so. Don't the authorities in Jones County have enough on their hands with other more serious crimes than this?
Flag for moderationThursday, May 1 at 11:11 AM DC to Jack Brown wrote ...
Why are all of your comments always negative, do live a very unhappy life?
Flag for moderationThursday, May 1 at 10:58 AM Horak Family member wrote ...
Ok you nay sayers can all stop prayer that he gets charged to the max, all the charges and court is over. Everything is done. And yes the family has been in and out of hospitals but they are getting better day by day. THank you to all the caring people out there who have had my family in their thoughts, it means a lot. Thanks
Flag for moderationThursday, May 1 at 10:43 AM I can read wrote ...
I wonder if the peson writing under "Real Parent" went to school? I seem to doubt it. Just by what they wrote. I'm glad everyone was ok.
Flag for moderationThursday, May 1 at 10:38 AM R. wrote ...
My dad died in a car accident and he always wore his seatbelt, if it's your time to go it's your time whether your wearing one or not. I'm sure he's just grateful everyone is alive as he should be.
Flag for moderationThursday, May 1 at 10:36 AM Give them A Break wrote ...
choices....cars seats...3.50 a gallon of gas...court fines...food on the table..If we all lived in the world that these laws and prices are meant for; then there would be no crime. thank God no one was killed, why make their lives worst with more court fines and judgments. What happen to the America where an accident was just that.
Flag for moderationThursday, May 1 at 10:32 AM Anonymous wrote ...
It doesn't matter that people didn't use car seats thirty years ago. It's the law now & there is a reason things have changed! There aren't any excuses for not having your kids properly buckled in, that's your responsibility as a parent or caretaker. Thankfully everyone is okay, but like they said what if he hit the bluff or a car??? You don't know what could happen each time you get in the car, car seats & seat belts save lives more often than they don't!
Flag for moderationThursday, May 1 at 10:18 AM Anonymous wrote ...
PLEASE - STOP JUDGING AND THANK THE LORD EVERYONE IS OK.
Flag for moderationThursday, May 1 at 9:52 AM Reality It happens wrote ...
Maybe someone forgot to drop the car seat at the sitters. If you have two parents working different hours you needs car seats times two. Plus a careing grandparent maybe three sets of car seats most daycares don't have storage for everyone's carseats. I just wonder how us older people made to adult hood with out seat belts or car seats; 9 kids in a station wagon lucky I guess or dad was just a good driver.Thanks Dad.
Flag for moderationThursday, May 1 at 9:19 AM Common Sense wrote ...
What I think is dumb is even if he had a license and all the kids were buckeled up he still probably would have still had the accident and alteast one of the kids might be dead and he still would have been charged with failure to maintain control, and child endangerment. The moral of the story: is if an animal runs out into the road just hit it the worse that could happen is that PETA would be mad at you, but their opinion really doesn't matter
Flag for moderationThursday, May 1 at 9:01 AM Not dead yet wrote ...
I never rode in a booster seat as a child and I turned out ok. And some people drive without a license because they can't get around any other way. Why don't you quit judging others, as I highly doubt anyone here really has the right to, and be thankful everyone is safe
Flag for moderationThursday, May 1 at 8:46 AM Anonymous wrote ...
FOR ALL THE PEOPLE WHO ARE SAYIING THIS AND THAT ABOUT NOT BEING IN A CAR SEAT....FIRST OF ALL AT LEAST HE HAD THEM BUCKLED IN A SEAT BELT ANS SECONDLY DON'T TELL ME YOU HAVE NEVER NOT JUST BUCKLED YOUR CHILD IN A SEAT BELT TO RUN SOMEWHERE REAL QUICK!!!!!!! BACK IN THE DAY THERE WASN'T EVEN NO CAR SEATS AND WE ARE STILL ALIVE!!!!!!!!!! NOW WITH THIS ALL SAID YES, I DO BELIEVE IN THEM AND USE THEM BUT EVERYONE HAS DONE IT!!!!!!!!!!!!!!!!
Flag for moderationThursday, May 1 at 8:39 AM duh wrote ...
But if one person gets away with it and you think that is fine then more people will think it is ok. it only takes that one time for something to happen so wouldnt you think that you would take that one time and make sure everyone was in the car the right way.
Flag for moderationThursday, May 1 at 8:26 AM Car Wash wrote ...
I guess the one good thing about this situation is that the car got washed. That thing was Dirty!
Flag for moderationThursday, May 1 at 8:16 AM REAL PARENT!! wrote ...
some parent hu.... driving with a suspended license, and having kids in care HE CARES!!!! RIGHT!!!!!!Some parent, kids in a care he's not LEGAL to drive insurance if any would be NULL and VOID, good thing he didn't hit some else..
Flag for moderationThursday, May 1 at 7:44 AM jack brown wrote ...
This father should be charged to the max for seat belt violations! What is with such leniency these days?
Flag for moderationThursday, May 1 at 7:35 AM Jolene wrote ...
Lets all just focus on the fact that everyone is ok....we have all made mistakes and regreted our choices. In this case it turned out good as if all in seats , sounds like it would have been a different story to report. give the parents a break, parenting is learning as you go and I bet they will learn from this.Too many people jump to conclusions too fast. Just glad all are doing OK
Flag for moderationThursday, May 1 at 7:33 AM carseats wrote ...
I don't know what kind of car he has, but I have three children and all three were in carseats at the same time. This can only happen when I drive my minivan. In my husbands car, three car seat won't fit across the back seat. Now that my daughter is six (according to above article) I guess she doesn't have to be in a carseat. She can just be buckled in, but her 5 year old brother is bigger than she is and has to be buckled in. "Blanket" laws are well meaning but don't always make sense.
Flag for moderationThursday, May 1 at 7:23 AM Anonymous wrote ...
Maybe everyone should just mind there own business and take care of themselves. Instead of passing such judgement on everyone. This family is very lucky and just leave it at that. Mistakes happen to everyone. NOBODY'S PERFECT.
Flag for moderationThursday, May 1 at 7:09 AM Anonymous wrote ...
To am according to the story, one kid is 5, another 4 and two are 2 years old
Flag for moderationThursday, May 1 at 7:08 AM Anonymous wrote ...
This is the type of person we share the roads with. Wow.
Flag for moderationThursday, May 1 at 7:07 AM DC wrote ...
I am glad everyone survived. To all those complaing and the DHS statment. You are not perfect, like you never made a mistake. To the Family if you read these bad comments don't take anything to heart, these people think they are better then everyone else
Flag for moderationThursday, May 1 at 6:35 AM sigh 3 wrote ...
and before I hear everyone talk about how I am a heartless person Like I said before Im glad everyones okay but not everyone is gonna get lucky all the time. And i doubt this guy learned much hes still probly driving on a suspended license
Flag for moderationThursday, May 1 at 5:48 AM tracey wrote ...
At least he's a dad that takes time to spend with his kids. Next time you go somewhere with your kids have booster seats please. Glad all are doing well dad and girlfriend too.
Flag for moderationThursday, May 1 at 4:42 AM night tech wrote ...
How about thank God everyone made it out. People will find something to fuss about! No he shouldn't have the kids in the car w/o a car seat but, maybe they wouldn't have made it out if they were strapped in. Let's know when to just say thanks! Let's stop trying to put DHS on everyone, none of this means he doesn't love his kids..sigh...
Flag for moderationThursday, May 1 at 1:00 AM just some guy wrote ...
Strange, how the past generations managed to make it through the years without car seats yet now its a sign of bad parenting not to own one? being a better driver will save more lives than car seats ever will.
Flag for moderationThursday, May 1 at 12:11 AM Anonymous wrote ...
"He did say the family is always buckled up correctly, just not that one time." Yeah, sure-that's what everyone always says. It only happened the one time you got caught. *Rolls eyes*
Flag for moderationThursday, May 1 at 12:09 AM am wrote ...
how old were the four kids?
Flag for moderationWednesday, Apr 30 at 10:34 PM mother of 3 wrote ...
leave them alone they are lucky that all of there kids and themselves are alive and just cause they weren't in cars seats at that time doesnt mean that they never are. you cant tell me that 9:20 p.m. sigh has never made a mistake in there lifetime. nobody is perfect and you are aloud to make mistakes in life that is how u learn. one or two mistakes doesnt make u a bad parent. give them a break havent they been thru enough already
Flag for moderationWednesday, Apr 30 at 9:20 PM sigh wrote ...
I see dad changed his story huh the first story said all four were is car seats now he says otherwise....and publishing this story is just gonna mke other stupid people think that kinda thing is okay and its not this guy wasnt too bright to begin with obviously driving with no license with 4 kids in the car is incredibly irresponsible i hope that DHS keeps an eye on this bunch
Flag for moderationWednesday, Apr 30 at 9:18 PM Anonymous wrote ...
I am glad he is being charged with something!! If you cant afford a car seat for your kids good greif!!! Give up something for a week. They only cost 20.00 for a booster seat!!!! Thank goodness the kids are OK.
Flag for moderationWednesday, Apr 30 at 9:07 PM Trina wrote ...
We all make mistakes it is if we learn from them is what matters most....Thank God these kids are ok and thank God for all the heroes who helped in the rescue...
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