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canna change law physics
 
red-beard's Avatar
 
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Follow up to DWI manslaughter, Dec 25th, 2008

Jim's thread on the kid with the pot charges reminded me that I need to give a follow-up on a thread from Christmas, 2008.

Quick re-cap: On Christmas night, my neighbor's son-in-law went to a bar for a few drinks. The wife (Neighbor's daughter) picked up her husband afterwards, so he didn't have to drive home. Bar is less than 1/2 mile from home.

As they cross a main highway at a traffic light, drunk driver, 3 times legal limit (0.24 BAC) runs the light and t-bones them. They are both killed immediately. Drunk Driver was going over 80 mph in a 45 zone. Drunk driver is injured, broken bones, but nothing life threatening. 24 years old.

Fast forward to last week. Drunk Driver pleads guilty to 2 counts of manslaughter while DWI to avoid trial. She won't take the plea deal of 19 years, asks for a Jury instead. Her lawyer asks for probation. DA asks for 2 x 20 years sentances to be served one after the other.

Jury decides on 2 x 4 yr sentances, to be served one after the other. Yes, Drunk Driver kills 2 and gets 8 years.

Really sad for both families. Both daughter and son-in-law also worked for my neighbor, so it wasn't just a hole in the family, it was a giant hole in a small business . And my neighbor 2 doors down, who also works for the same business, his wife's sister & her husband and one of the kids, was killed by a drunken driver about 4 years ago.

The kid in Jim's thread made a stupid decision, but it only affected him. These drunk drivers have affected not just those killed, but those left behind.

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Old 03-17-2010, 01:05 PM
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as i mentioned in the kids thread:


substance abusers (booze/heroin/coke/meth/prescribed) ARE THE PLANETS 2ND MOST SELF CENTERED PEOPLE ON THE PLANET!

THE MOST SELF CENTERED are those that commit suicide.


all substance abusers want to do is feed the high. day in day out. never caring about consequences or whom they hurt financially/mentally/physically.


i have ZERO (0) TOLERANCE for them.


if you read into any pysch books re: abnormal pysch. you will find that ANY TYPE of SUBSTANCE ABUSE is the same old song and dance B.S.


the final ending chapter to substance abuse is:

1) REHAB(if it works-usually not)

2) jail or prison

3) DEATH


via con dios muchacho
Old 03-17-2010, 01:22 PM
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Wow. Just wow. How can someone kill TWO people and serve only 8 years? Simple insane.

Drive safe guys, plenty of drunks out tonight.
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Old 03-17-2010, 01:34 PM
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and she will get out in 4 to 6 years.
Old 03-17-2010, 01:39 PM
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this happened Monday nite, at about 100 mph, near my house. It sheared the pole, broke it like a toothpick, flew up, hitting the roof of a 1 story ranch house, then 50 feet more in a flame ball. Rescuers pulled out the driver, didn't realize 2 more were in the car.


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Families confirm identities of Overland Park crash victims
By BRAD COOPER and JIM SULLINGER
The Kansas City Star

Andrew Riddell
More News
Four charged in Friday night robbery in Olathe Senate expected to vote Wednesday on Lexie’s Law Families confirm identities of Overland Park crash victims Pressure intensifies on Kansas lawmakers as they weigh tax increases, budget cuts Former senator honored by JCCC Foundation as Johnson Countian of the Year for 2010 Family members this afternoon confirmed the victims of a fatal car wreck early Tuesday morning as Matt Honea and Andrew Riddell of Olathe.

Riddell’s father, Daniel, said he knows his son was in the car involved in the crash.

“He hasn’t come home, so we know,” Riddell said this afternoon.

Honea’s family declined further comment.

Riddell’s neighbors were saddened by the teen’s death.

“He wasn’t the kind of kid you’d expect something horrible to happen to. It’s such a waste of great potential. He could have done anything he wanted to do, I’m sure,” said Sara Dziadosz, who lives next to the Riddells.

Officer Jim Weaver of the Overland Park Police Department said only one of the victims, Andrew Riddell, has been positively identified. Weaver said police would release the name of the other victim when the medical examiner and the forensic dentist make a positive identification.

Two teens, who were students at Olathe South High School, were killed early Tuesday morning when the car they were riding in crashed into a power pole just east Metcalf Avenue on 151st Street.

The driver of the car was taken to the hospital and was listed in critical condition. Police said today they didn’t have an update on the driver’s condition, and hospital officials couldn’t comment. Police won’t release the driver’s name until the preliminary investigation is completed, Weaver said. Investigators are continuing to work the case and may not have their report complete for another week, he said.

The car was heading east on West 151st at high speeds about 1:10 a.m. when it left the roadway, striking a power pole and clipping the garage of a house, police said.

The car then rolled several times and burst into flames



Read more: Families confirm identities of Overland Park crash victims - KansasCity.com
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Old 03-17-2010, 01:47 PM
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I hope that the family of the dead kids goes to court with a civil suit seeking monetary damages.
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Old 03-17-2010, 01:49 PM
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google intersection of 151 and Metcalf, Stanley/ shawnee mission kansas. 4 lanes with dividers and turn lanes in all directions, flat terrain. Lots of stoplights to the sides and overhead. Argueably a VERY busy intersection. Anyone blowing thru it at 100 mph would have to be wigged out.

Heard from a friend that his kid had seen them at a party one hour earlier.
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Old 03-17-2010, 01:55 PM
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Quote:
Originally Posted by Por_sha911 View Post
I hope that the family of the dead kids goes to court with a civil suit seeking monetary damages.
OK, but you have to believe these kids weren't kidnapped, they were in the car willingly, it is too bad but they could have told the guy to slow down, or, maybe they did, we will never know.
Old 03-17-2010, 02:01 PM
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Quote:
Originally Posted by BRPORSCHE View Post
Wow. Just wow. How can someone kill TWO people and serve only 8 years? Simple insane.

Drive safe guys, plenty of drunks out tonight.
Many, many DUI fatalities serve absolutely no time. They plea down, etc. It's a matter of weapon. If you took a gun and behaved with gross irresponsibility, e.g. shooting into a crowd, and killed 2 people, you would do hard time. Do it with a car (choose to drive on the public highway while drunk) and you will usually stay out of the pokey...

angela
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Old 03-17-2010, 02:49 PM
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canna change law physics
 
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Quote:
Originally Posted by BeyGon View Post
and she will get out in 4 to 6 years.
Texas is an 85% state. She won't be eligible for Parole for 7 years.
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Old 03-17-2010, 03:31 PM
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My daughter was raped when she was 14 (cops got the guy before I found him) He was convicted, 2 counts of rape against a minor. He is out in 6, instead of the 40 he could have faced. Maybe now my hard a$$ line on doing the time for the crime might make sense. The system is set up for the criminal not the victims.
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Old 03-17-2010, 03:55 PM
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Quote:
Originally Posted by Laneco View Post
Many, many DUI fatalities serve absolutely no time. They plea down, etc. It's a matter of weapon. If you took a gun and behaved with gross irresponsibility, e.g. shooting into a crowd, and killed 2 people, you would do hard time. Do it with a car (choose to drive on the public highway while drunk) and you will usually stay out of the pokey...

angela
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Old 03-17-2010, 04:07 PM
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One of the things I don't understand is why we (society) treat drunk driving so lightly. Maybe because it's so prevalent in society we don't treat it like it's a big deal. Hard to be passing laws permanently taking away drivers licenses and putting people in jail for long periods of time when it could be yourself facing the penalty one day.

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Old 03-17-2010, 04:22 PM
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Quote:
Originally Posted by red-beard View Post
Texas is an 85% state. She won't be eligible for Parole for 7 years.
Too bad it wasn't VA. No parole there. Eight years means eight years and not a day less.
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Old 03-17-2010, 04:41 PM
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Without seeming disrespectful to the obvious tragedy, its a "negligent" homicide (manslaughter) not an intentional crime, and that's actually not a sentence that's out of bounds.
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Old 03-17-2010, 05:04 PM
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Being Texas, I'm really surprised with the sentence. In Cali, 3-4 years for each death is about the norm. Unless you funnel in extraordinary circumstances, these 'murderers' get only slightly more than a slap on the wrist. Having dealt with these crimes for 10+ years, I never could belive the deal downs to save a little money. I could tell you stories, but you would only get madder than you already are.
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Old 03-17-2010, 05:05 PM
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canna change law physics
 
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Well, at least it isn't like some of the liberal states where you get 3 days off for every good behavior day.
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Old 03-17-2010, 05:05 PM
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canna change law physics
 
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Quote:
Originally Posted by greglepore View Post
Without seeming disrespectful to the obvious tragedy, its a "negligent" homicide (manslaughter) not an intentional crime, and that's actually not a sentence that's out of bounds.
The option was from 4 to 20. I think they gave her only 4 on each because she was "only" 25 years old (now).

7 years behind bars in Huntsville, or whereever they send her, isn't exactly a picnic.
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The pessimist complains about the wind; the optimist expects it to change; the engineer adjusts the sails.- William Arthur Ward (1921-1994)
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Old 03-17-2010, 05:09 PM
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Quote:
Originally Posted by greglepore View Post
Without seeming disrespectful to the obvious tragedy, its a "negligent" homicide (manslaughter) not an intentional crime, and that's actually not a sentence that's out of bounds.
And this is exactly what is wrong ... there is nothing 'negligent' about being drunk (pardon me .. under the influence) when killing someone .. to me should be premeditated.
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Old 03-17-2010, 06:15 PM
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canna change law physics
 
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Jordi is right. This is not negligent behavior. She was drunk and going at excessive speed. She didn't "drop" something and feel around for it and lose control. She drank too much and then chose to drive.

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The pessimist complains about the wind; the optimist expects it to change; the engineer adjusts the sails.- William Arthur Ward (1921-1994)
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Old 03-17-2010, 06:24 PM
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