FBinNY 

Dave,

With all due respect, we are a nation of laws, and FWIW there are laws that specifically cover unintentionally killing someone when acting recklessly or when failing to exercise reasonable caution. The charge is correct under the law, and appropriate to the event.

We're not talking about someone who slid into the bicyclist on icy pavement, or had the sun in his eyes, or whose brakes failed. The case is about someone who, though he didn't intend the consequences, did intentionally create the danger that led to them.

I'm not saying toss him in jail and throw away the key, and the law doesn't say that either. But as they used to say, don't do the crime if you can't do the time. As I said earlier, the charge is appropriate, and I'm happy to leave it to the jury to decide if it applies, and the judge to decide on a fitting sentence.

For more perspective, read about involuntary manslaughter here. If you feel this is too harsh, maybe you might suggest something more appropriate for an act of unnecessary recklessness which results in someone's death.

CB HI

As career military 'Veteran myself', I find your line of posting completely off base.

If you had handled your military weapon with such disregard as this man handled his driving, you would have been held to full account under the UCMJ.

GravelMN

First off, Thank you for your service. Second, I never said that everyone who is responsible for the death of another belongs in jail. Soldiers in battle, law enforcement stopping violent criminals, self-defense against an assailant, are all examples of justifiable homicide. There are also unfortunate incidents where someone dies due to circumstance even when nobody has acted with what would be considered negligence. The law requires that we act with a reasonable degree of diligence in protecting the safety of others. We can't act with reckless abandon with a screw everybody else attitude and then go "Oops, sorry, I didn't mean it" when someone is injured of killed as a result.

Take all the selfies you want, I've taken a few myself, just not when doing so puts others at risk. Taking a selfie is not the act of negligence here, taking his attention off the road, for no good reason, while in control of a motor vehicle, on a public road, at highway speeds, is. I just can't buy into your idea that "only those who deliberately kill for their own evil desires bare guilt". When a grown man makes a "mistake", shows bad judgement, disregards the safety of others for a moment of his own amusement, whatever you want to call it, in my book he should admit what he has done, take responsibility for his actions, and accept the consequences, not "get a pass". There is a big difference between making a mistake and blatantly disregarding the safety of others.

Well aware of that fact, I'm a paramedic and see it all the time. I'm also well aware of my own mortality having nearly coded during heart surgery less than a year ago. If I had died while everyone in that operating room was doing his or her job in a competent fashion, it would be accepted as having been "my time". But if I died because the anesthetist was surfing funny cat memes on Facebook instead of paying attention to the monitors and equipment, then I would expect him to lose his job, his license, a lawsuit, and possibly face charges of criminal negligence.

Justice means reasonable consequences for one's actions in an attempt to make amends or at least deter such actions again in the future. If justice was "an eye for an eye" the call would be for Strand to be run down by a pickup doing 55 mph. Nobody is asking for that. Just as unreasonable would be for him to say "Oops, my bad" and jump back in his truck to take a few more selfies on the way home, scott free. I don't equate justice with revenge or getting even, it should be about protecting the public, deterring further activity that puts the public at risk, and making amends when possible.

+1 for both FBinNY and CB HI

kickstart

Anybody who has served knows that that there are consequences for disregarding ones duty even if nothing happens because of it, its part of the job.
Getting a drivers license and registering a vehicle is sort of like enlisting in the military, its done with the knowledge it comes with responsibilities and restrictions we might not always like. If we fail to fulfill those obligations we agreed to, there should and will be consequences.
If one doesn't want to be held accountable for their actions, don't sign the dotted line.

Dave Cutter

No thanks needed.

So... you think soldiers are guilty of "justifiable homicide". Well.... thank you so much for your compassion in not prosecuting those killers that keep you free. It's all about control through all powerful laws for some isn't it. Make everything an awful and serious crime.... so everyone is under the thumb of those that control the prosecution of those laws.

Dave Cutter

Stand down soldier! I don't really care about your opinion. I will continue to defend those who cannot defend themselves. I will continue to put myself between those Americans assaulted..... and the enemies of free men. You.... decide for yourself.

Dave Cutter

Actually.... if you read the posts.... you would know I had already suggested a lower charge manslaughter (post #13 ). I am all for laws, and appropriate punishment. But others (like yourself apparently)..... want to fearfully overreact. A human died. Someone (sadly) must go to jail. But there is no need to destroy two family's. Punishment will never bring back the dead.

bikemig 

That's more than a little over the top isn't it? The list is discussing what might be an appropriate charge for a driver who apparently carelessly killed another human being.

79pmooney

Those founding fathers wrote our Declaration of Independence. True, it is not a legal document but I think it does show their intent. I suspect it is no accident that "life, liberty and pursuit of happiness" occur in that order. This driver deprived someone of his life (and the other two) exercising a "liberty" that is actually outside the current law, probably claiming it was necessary for his happiness.

Ben

GravelMN

There is no "guilt" in justifiable homicide. Homicide means one human being causing the death of another human being. Justifiable means the act was not criminal and requires no prosecution. I have nothing but respect and admiration for the service men and women who defend our country with courage, honor and integrity, and my thanks for your service are sincere.

Actually . . . if you read my links . . . you would know that in North Dakota, manslaughter is a Class B felony with a penalty of up to 10 years in prison. Negligent homicide is a Class C felony that carries a maximum of 5 years. So you actually advocated increasing the charge.

Reference: https://www.legis.nd.gov/cencode/t12-...20150604105502

You say you are all for laws and appropriate punishment. Even if Strand faces the maximum 5 years in prison, I don't see that as "destroying" a second family. Chances are he would be in a minimum security facility and out on parole in two years with some form of mandatory public service. I don't see that as excessive. No, it won't bring back the dead, but it might cause Strand and others to think twice and make the right decision in considering the safety of others in the future. Any public service ordered may be the best form of amends available.

rydabent

Personal responsibility is what is lacking these days. If you are irresponsible prepare to pay for your stupidity.

genec

The problem is that doesn't seem to be what is happening... time and time again those "responsible" seem to skirt having to pay.

rydabent

Well in this case the driver was irresponsible, and is having to pay, as it should be.

We read too many times in these forums where a driver kills a cyclist, and only gets a slap on the wrist if even that.

GravelMN

He has only been charged, we haven't seen the final punishment yet.

enigmaT120

That reminds me: I wonder if he'll get to keep his driver's license.

vol

Maybe the selfie pictures he took could tell whether the sun had been in his eyes or not.

I wonder if the driver's mother, who blamed the dead cyclist "What a stupid place to start bicycling", ever asked "What a _____ place and time to take selfies".

Dave Cutter

No! He didn't "deprive", murder, kill or directly cause the cyclists death. All cyclist should be aware that the sport involves some RISK. The cyclist took a chance... and the motorist took a chance with stupid selfie. It didn't work out well. Their was an "accident" (an actual word) and the cyclist died prematurely.

Dave Cutter

Well I stand corrected. But IMHO... 5 years in prison is way too long for a stupid selfie.. gone wrong. Unless some harbors malice.... deliberately makes an effort to harm someone.... prison is way too harsh.

No nation will remain free if a stupid mistake can send an otherwise normal person to prison.

GravelMN

Even if the sun was in his eyes, it doesn't negate the fact he wasn't watching the road and was instead engaged in an activity which is known to be dangerous. I've driven with the sun in my eyes many times and drive slower with even greater focus on the road ahead, the same as I would in fog, heavy rain, snow, or other conditions that limit visibility. Before the selfie information came out I actually remained neutral and even pointed out the possible visibility issue.

CB HI

Your the one who needs to stand down with your way over the top twisting of others thought. It is clear you do not care what anyone else thinks. All you care about is using others post, to create self offense and pointless strawmen.

RR3

No, equating the two is stupid and rather disgusting.

Dave Cutter

Yeah... OK your right. Soldiers never kill people.

Dave Cutter

No.... I am just not fearful of being run over. Too many here think if they can make running over a cyclist some awful crime..... they [as cyclists] will feel safer. But it don't work that way! Those afraid of traffic... will remain afraid.

Meanwhile... we make EVERYTHING anyone ever does a crime. And those that select what crimes to prosecute.... have the power of a king.

RR3

I am not going to play little children's word games with you.

Your statement was disgusting.

I do not need to defend my position.

Dave Cutter

Not a game. Soldiers kill, everyone dies, accidents happen. The concept that some cyclists could calm their fears of traffic by sticking some idiot smuck in prison is sad. It was an accident.... it's sad.... Monday is another work day... life goes on.