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not that it isn't the right thing to do, but, now this young man's life will also be ruined, you know they we're all probably drinking and do one was forced in the car, i guarantee this young man is grieving at the loss of his friends, i just hate to see a vehicular manslaughter charge added to this type of accident very sad for all involved

Live Free or Die!!

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Its a very sad situation, but this 22 year old MAN took the life of two teenagers by driving under the influence (if he is found guilty.) It was just a coincidence that they were in HIS car, they could have been in yours or mine. If they were all drinking, would you feel any different if they were sober? The car goes no where if the driver does not make the choice to get in and drive. Whether they were forced in the car or not, he was responsible for his passengers and his decision to drive.

His decision to drive will cost him a few years in jail and a lifetime of regret. Their decision to get in the car has cost them their lives.....

Captain
Yes this a very sad, sure horrible thing, but what I do not understand in why they all call it an Accident, Tom Smith ,and Tim Browning with Tenn. State Troopers.. no he did not intend to crash and kill anyone, but once he started dranking , started driving, if found guilty and convicted , people do not get convicted for Accidents ! True accidents happen ever day .

Over 400 a year in Alabama are killed because of DUI crashes and 13,000 to 14,000 thru out the USA a year !

One more though not sure about in Tenn. but in Alabama the law states that while driving under the influence of drugs or dranking , and cause a death,, that is disregarding the life of others. And in Alabama , 3 levels of possible charges of guilt, Vehicular Homicide, Manslaughter, or Murder DUI. At what point does a death caused by someone else go from one charge to another?

In Alabama the Max Sentence for Vehicular Homicide is 5 years. Yes any amount of time sentenced , will not bring these young people back, and the Jury if it goes to a trial most likly will not know if this guy had no DUI's or 10 DUI's before this Crash.

Keep all these familys in your thoughs and prayers.
quote:
Originally posted by onepatriot7:
http://www.timesdaily.com/arti...d-in-fatal-car-wreck

not that it isn't the right thing to do, but, now this young man's life will also be ruined, you know they we're all probably drinking and do one was forced in the car, i guarantee this young man is grieving at the loss of his friends, i just hate to see a vehicular manslaughter charge added to this type of accident very sad for all involved


Young people do not think like adults. And it isn't just saying, it is a fact. Their frontal lobes aren't developed. Sometimes it takes a very traumatic event to hammer home how serious / dangerous something is.

If hearing about what this guy did and his punishment for it keeps ONE young person from drinking & driving, then his punishment is worth it.
If they was dranking or not,, he was the driver and the Adult.. you or I have no Ideal if any of the others was dranking or not.. but if they happen to be, who supply the Beers or what ever,, they was each Under age !!

A few years ago In Rogerville , 3 young teens got into a car at McDonalds with a young man that they hardly knew, only to ride to Lawrenceburg to go to the Fair . Yes he was dranking and none of the 3 young teens was dranking or drugs in their system , two was killed and the 3rd will be home cared for the rest of his life. .. This man that was dranking when he pulled away from MeDonalds , he pulled out in front of a Deputy, when the Blue Lights came on .. he ran and crashed, not an Accident ! Rumors fly when something as this happens.. so unless you know why say this teens was dranking ? So yes 4 familys lifes changed in a few minutes !
quote:
Originally posted by Bamafnatk:
If they was dranking or not,, he was the driver and the Adult.. you or I have no Ideal if any of the others was dranking or not.. but if they happen to be, who supply the Beers or what ever,, they was each Under age !!

A few years ago In Rogerville , 3 young teens got into a car at McDonalds with a young man that they hardly knew, only to ride to Lawrenceburg to go to the Fair . Yes he was dranking and none of the 3 young teens was dranking or drugs in their system , two was killed and the 3rd will be home cared for the rest of his life. .. This man that was dranking when he pulled away from MeDonalds , he pulled out in front of a Deputy, when the Blue Lights came on .. he ran and crashed, not an Accident ! Rumors fly when something as this happens.. so unless you know why say this teens was dranking ? So yes 4 familys lifes changed in a few minutes !


it was not my intention to say they were all drinking, i have no idea, i just thought of the possibility, and what about the house they had just left from, was alcohol provided to juveniles while there? wouldn't they be charged as well? this just breaks my heart for all involved and i for one have sympathy for all of them and their families, very sad.
In spite of the fact that our society coddles them and treats them like 'young people', 22 year olds are adults. Frontal lobe connected or not...our grandparents were contributing to society at 22 and our parents too...and probably most of us on this message board. For some reason, we have extended childhood. If they have a driver's license and have been through all the DARE presentations in school, they ought to be able, as someone said earlier, to understand 'don't drink and drive'.

Of course, I don't know what happened in this specific accident. I feel horrible for the parents who lost children, and I know that the driver's family is shattered too.
It could be one of mine at some point, but we as a society "baby" our young people too much. If we don't hold them responsible for their actions it sets the stage for other "kids" to do the same. You know the dangers of drinking and driving and driving distracted and all of those "possibilities". You can't live in this nation and not know it anymore unless you live under a rock. He knew what he was doing and got behind the wheel anyway. It is sad and I feel for all involved, but we can't keep turning a blind eye to things and using the excuse "oh they're young they don't know any better". We have to train up a child to go the right way. If his parents didn't do it -- the state has too. Unfortunately that may mean jail time. Yes, his guilt and grief is punishment, but he still has to at least answer for his actions -- even if it doesn't result in jail time.
quote:
Originally posted by Bamafnatk:
Yes this a very sad, sure horrible thing, but what I do not understand in why they all call it an Accident, Tom Smith ,and Tim Browning with Tenn. State Troopers.. no he did not intend to crash and kill anyone, but once he started dranking , started driving, if found guilty and convicted , people do not get convicted for Accidents ! True accidents happen ever day .

Over 400 a year in Alabama are killed because of DUI crashes and 13,000 to 14,000 thru out the USA a year !

One more though not sure about in Tenn. but in Alabama the law states that while driving under the influence of drugs or dranking , and cause a death,, that is disregarding the life of others. And in Alabama , 3 levels of possible charges of guilt, Vehicular Homicide, Manslaughter, or Murder DUI. At what point does a death caused by someone else go from one charge to another?

In Alabama the Max Sentence for Vehicular Homicide is 5 years. Yes any amount of time sentenced , will not bring these young people back, and the Jury if it goes to a trial most likly will not know if this guy had no DUI's or 10 DUI's before this Crash.

Keep all these familys in your thoughs and prayers.


bama, lawguy could answer your question, but I do know this. Several yrs ago a woman from my part of the county was driving drunk. She was coming back to Ala from a club. She was on a two lane rd headed back to Rogersville when she crossed the center line and killed a pregnant woman.

Now the DA at the time offered her 15 yrs which would mean serving 5 or less. Her lawyer told her he could get her off and she wound up with 27 yrs. As far as I know she's still in prison.

More on this guy, if his car wasn't paid for, he'll be sued for that. The parents of the two killed kids will sure. He will have some medical bills of his own. I won't say his life is ruined but he's coming close.
quote:
Originally posted by Bamafnatk:
Yes this a very sad, sure horrible thing, but what I do not understand in why they all call it an Accident, Tom Smith ,and Tim Browning with Tenn. State Troopers.. no he did not intend to crash and kill anyone, but once he started dranking , started driving, if found guilty and convicted , people do not get convicted for Accidents ! True accidents happen ever day .

Over 400 a year in Alabama are killed because of DUI crashes and 13,000 to 14,000 thru out the USA a year !

One more though not sure about in Tenn. but in Alabama the law states that while driving under the influence of drugs or dranking , and cause a death,, that is disregarding the life of others. And in Alabama , 3 levels of possible charges of guilt, Vehicular Homicide, Manslaughter, or Murder DUI. At what point does a death caused by someone else go from one charge to another?

In Alabama the Max Sentence for Vehicular Homicide is 5 years. Yes any amount of time sentenced , will not bring these young people back, and the Jury if it goes to a trial most likly will not know if this guy had no DUI's or 10 DUI's before this Crash.

Keep all these familys in your thoughs and prayers.


You're pretty much right on as far as the possible charges in AL. It could also theoretically be negligent homicide, which is a Class C felony and has a 1-10 year sentence range if DUI is the cause of the death. Vehicular homicide, manslaughter and reckless murder are possible. The difference in short is how reckless the conduct is. That's for the jury to decide. I usually wouldn't bet a dollar on the jury being able to distinguish the fine line between reckless murder and manslaughter as defined under the law. The jury will look at the facts and decide based on how much they want to punish the defendant. I'll admit that even I can't always distinguish between the degrees of recklessness for manslaughter and reckless murder. The vehicular/vessel homicide statute requires unintentionally caused death plus violation of a state law or city ordinance. If the conduct is reckless, then it should probably be either manslaughter or murder.
Thanks LawGuy , as I understand it, when arrested, the arrest is for one of the 3 , but when it goes to a Grand Jury,, after they hear what evidence the D.A. puts before them , then they decide what the Indictment is for. if a lesser charge as Vechilar Homicide or Manslaughter , a Jury can not upgrade from the lesser charge to Murder , even if they wanted to.

So that being the case why not have the Grand Jury indict for Murder and then let the Jury decide after hearing all the evidence from both sides ? It does get confusing for most that has never been a part of the justice system and even confuseing to some after going thru a trial.
I feel for the guy and his family but I also feel for the family of the two teens who lost their lives in that wreck. I realize he's young but you do the crime you do the time. He made the choice to get behind the wheel drunk and now he's gotta face the consequences. He'll also have to live with this the rest of his life too.

I hope teens and adults too will soon realize how stupid and how dangerous it is to drink and drive. Sadly though I don't think some people will ever get it. It's just not worth it.

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