Advocacy & Safety - Texting Killer to be Sentenced

http://www.ocregister.com/news/woods-223230-prison-oates.html

I'm confused. He had a seizure while texting that was probably caused by Xanax and Vicodin? And he is allowed to drive? Why is a life-long revoked license never an option in these cases?

I bet he'll be let out early because no texter can complete a full sentence.

http://www.ocregister.com/news/woods-223230-prison-oates.html

<quote>
Defense attorney Scott Well said he will ask for the lowest sentence for his client.

"He is sitting in jail ... and what good does it do to society?" he said. "All it is going to do is ruin another life."
</quote>

Hmm, mabye keeping someone off the streets who should have his privilege to drive revoked for the rest of his life? And at least he still has his life. He should have to face the maximum sentence possible, including having his license revoked for life. And if when he's done serving his time anyone who is found to be providing him with a car they should be looking at jail time as an accomplish in the murder of his next innocent victim.

<quote>
During the four-week trial the prosecution argued that Woods was under the influence of Xanax and Vicodin and texting when he killed Oates, who was known to friends and family as "Oatie."
</quote>

Were they prescribed by a doctor, or was he self-medicating?

<quote>
Well argued that Woods had a seizure during the crash and was later diagnosed with epilepsy.
</quote>

Is that suppose to make the family of the child he killed feel better?

I'm confused. He had a seizure while texting that was probably caused by Xanax and Vicodin? And he is allowed to drive? Why is a life-long revoked license never an option in these cases?

Good question, any legal eagles out there want to comment?

I bet he'll be let out early because no texter can complete a full sentence.

Ouch

Good question, any legal eagles out there want to comment?

Well argued that Woods had a seizure during the crash and was later diagnosed with epilepsy.The argument was clearly a ploy to get him off scott free. If it worked and his license did get revoked, then the lawyer would get a doctor to certify that Woods was taking a miracle drug that controlled his epilepsy and would allow him to safely drive.

HUNTINGTON BEACH – The man convicted of killing a 14-year-old bicyclist while driving under the influence of two prescription drugs and texting is scheduled for sentencing Friday.
Jeffrey Woods, 22, faces a maximum sentence of 10 years in state prison and a minimum of probation for killing Danny Oates about two years ago, said Deputy District Attorney Susan Price, the prosecutor in the case.

http://images.onset.freedom.com/ocregister/article/kue815-b78581867z.120091209081838000gv9l9ln1.1.jpg
Jeffrey F. Woods, left, looks toward his attorney Scott Well shortly after hearing a guilty verdict in his trial at the Central Justice Center in Santa Ana. Woods faced charges of gross vehicular manslaughter while intoxicated.



If the judge decides to give Woods prison time, there is a four-, six-, and 10-year option. Woods could also get credit for good behavior while in custody, which cuts each of those options in half. This means that Woods could serve a maximum of five years in prison, Price said.
"We think it is way too low for this crime but that is a determination that has been made by the Legislature and we are bound by it," she told the Register today.
Defense attorney Scott Well said he will ask for the lowest sentence for his client.
"He is sitting in jail ... and what good does it do to society?" he said. "All it is going to do is ruin another life."
A jury convicted Woods on Nov. 2 of one felony count of vehicular manslaughter with gross negligence while intoxicated.
During the four-week trial the prosecution argued that Woods was under the influence of Xanax and Vicodin and texting when he killed Oates, who was known to friends and family as "Oatie."
Well argued that Woods had a seizure during the crash and was later diagnosed with epilepsy.
It was the Orange County District Attorney's office first prosecution of a felony manslaughter jury trial that involved text messaging.
The sentencing will be held at 1:30 p.m. at the Santa Ana courthouse.

It's a good thing he was on drugs and got tested, otherwise he there's a good chance he would have never faced any charges. I predict he gets the max sentence.

I bet he'll be let out early because no texter can complete a full sentence.
Now that was funny. Poor victim.

If he has no priors the judge will look to the mid term and very possible give the minimum. The pre-sentencing report will play a big part. I'm expecting the minimum.

<quote>
If the judge decides to give Woods prison time, there is a four-, six-, and 10-year option. Woods could also get credit for good behavior while in custody, which cuts each of those options in half. This means that Woods could serve a maximum of five years in prison, Price said.
</quote>

Pre-trial/sentencing detention shouldn't count towards the ultimate sentence nor should any good behavior while in pre-trial/sentencing detention.

I bet he'll be let out early because no texter can complete a full sentence.

:lol:

Agreed. They probably had to text him with his verdict. Much along the lines of this (http://www.youtube.com/watch?v=kAO4EVMlpwM).

Let me get this straight- the article said he was "under the influence of prescription drugs and texting." Does this mean he was 'under the influence of texting?' I took technical writing and this vague language is what we are trained to not to do. This mistake is fortunate. I want the legal system to state that drivers are "under the influence of texting," or "under the influence of cell phones."

That is because sometimes they drive just like drunk drivers! When I was driving one time I was stuck behind a phone driver who was swerving over the double yellow line and all over the place downtown. Then she dives into a parking spot with no warning to finish her call. :crash:

In Florida, a person convicted of DUI manslaughter (the equivalent of " gross vehicular manslaughter while intoxicated" in California) gets a minimum 11.5 years and a maximum 30, and then serves at least 85% of the sentence. The only way to get less is if the prosecutor agrees (like Browns receiver Dante Stallworth who, for only a few million bucks, got 30 days a house arrest for killing a guy while driving drunk in Miami). A maximum of 5 is bizarre.

I bet he'll be let out early because no texter can complete a full sentence.

More, more! Don't you dare try to get off the stage until we've had more like this.

SANTA ANA – A judge on Friday ordered a man to serve six years in state prison for killing a 14-year-old bicyclist while he was driving under the influence of two prescription drugs and sending text messages from his cell phone.
"What caused this accident was your selfishness, your careless indifference for human life," said Orange County Superior Court Judge Marc Kelly.

http://images.onset.freedom.com/ocregister/article/kuirfp-kuireu01.woods.sentencing.1212.per.jpg
During a break in the sentencing hearing for Jeffrey Woods, Kristi Oates kisses her daughter Alexis. Kristi is the mother of Danny Oates who was hit and killed while riding his bicycle by Jeffrey Woods.



Jeffrey Woods was convicted Nov. 2 for killing Danny Oates and sat expressionless during the sentencing. He faced 10 years in prison but Kelly refused to impose the maximum sentence in part because Woods did not have a criminal history before the Aug. 29, 2007, crash.
Defense attorney Scott Well had asked for parole but Woods' father Bob Woods told the judge that his son "deserved prison time" because he needed to be held accountable for his actions.
Bob Woods also extended his sympathies to the Oates family, saying: "We haven't gone an hour without thinking of you guys."
The dead boy's father Paul Oates said he would have preferred the maximum penalty for Jeffrey Woods but respected the court's decision. He also said that his family had turned a page since the conviction.
"That night was the first night we slept well," he said.
A jury convicted Jeffrey Woods of one felony count of vehicular manslaughter with gross negligence while intoxicated. The case was the Orange County District Attorney's Office first prosecution of a felony manslaughter jury trial that involved text messaging.
During the four-week trial, the prosecution argued that Jeffrey Woods was under the influence of Xanax and Vicodin and sending text messages when he killed Danny Oates.
Well argued that Jeffrey Woods had a seizure during the crash and was later diagnosed with epilepsy.
Deputy District Attorney Susan Price had called the seizure defense "bogus," and Kelly later said he did not believe Jeffrey Woods had had a seizure that day.
Friends and family on both sides spent more then two hours during the sentencing telling the judge how Danny Oates' death has rocked their communities.
Mother Kristi Oates said Huntington Beach police officers picked her up from work the day of the crash and she had called her husband from the back of the police car. When she was told that her son had died, her first instinct was the hang up the phone.
"What else was there to say?" she said of her reaction.
When she arrived home, she could hear Danny Oates' younger brother and sister screaming inside from the news.
"My house was so happy," she said. "How can this be my life, my family that I've worked so hard to cherish?"
Relatives and friends talked about the broad shouldered, athletic teen who was a vegetarian and liked to be rubbed on the forehead.
"He did make our hearts grow and the other kids learned from his example," said Morrie Rowan of her oldest grandchild.
Jeffrey Woods' neighbors, friends and former teacher said he was a kind man who helped others.
"There is not a malicious bone in Jeff's body," said Jenny Bradish. "He is truly one of the most compassionate and caring kids I have ever known."
Ron Ferree said the family had four children and that Jeffrey Woods was not a criminal.
"The whole family is the most loving, warm family you would ever want to know," he said.
Kelly said that he believes Jeffrey Woods was genuinely remorseful for his actions.
Woods was also sentenced to three years parole, he had his driver's license was revoked for three years and he needs to pay $28,000 in restitution to the Oates family.

SANTA ANA – A judge on Friday ordered a man to serve six years in state prison for killing a 14-year-old bicyclist while he was driving under the influence of two prescription drugs and sending text messages from his cell phone.
"What caused this accident was your selfishness, your careless indifference for human life," said Orange County Superior Court Judge Marc Kelly.

http://images.onset.freedom.com/ocregister/article/kuirfp-kuireu01.woods.sentencing.1212.per.jpg
During a break in the sentencing hearing for Jeffrey Woods, Kristi Oates kisses her daughter Alexis. Kristi is the mother of Danny Oates who was hit and killed while riding his bicycle by Jeffrey Woods.



Jeffrey Woods was convicted Nov. 2 for killing Danny Oates and sat expressionless during the sentencing. He faced 10 years in prison but Kelly refused to impose the maximum sentence in part because Woods did not have a criminal history before the Aug. 29, 2007, crash.

That they knew of, he could have been out there breaking laws and never got caught before.



Defense attorney Scott Well had asked for parole but Woods' father Bob Woods told the judge that his son "deserved prison time" because he needed to be held accountable for his actions.

That's pretty mature of his father.


Bob Woods also extended his sympathies to the Oates family, saying: "We haven't gone an hour without thinking of you guys."

What about the son who committed the crime?


The dead boy's father Paul Oates said he would have preferred the maximum penalty for Jeffrey Woods but respected the court's decision. He also said that his family had turned a page since the conviction.

I think that it's safe to presume that most if not all of us here would have liked to have seen him get the max.


"That night was the first night we slept well," he said.

Of that I am sure.


A jury convicted Jeffrey Woods of one felony count of vehicular manslaughter with gross negligence while intoxicated. The case was the Orange County District Attorney's Office first prosecution of a felony manslaughter jury trial that involved text messaging.
During the four-week trial, the prosecution argued that Jeffrey Woods was under the influence of Xanax and Vicodin and sending text messages when he killed Danny Oates.
Well argued that Jeffrey Woods had a seizure during the crash and was later diagnosed with epilepsy.
Deputy District Attorney Susan Price had called the seizure defense "bogus," and Kelly later said he did not believe Jeffrey Woods had had a seizure that day.

It does seem a little too convinet doesn't it?


Friends and family on both sides spent more then two hours during the sentencing telling the judge how Danny Oates' death has rocked their communities.
Mother Kristi Oates said Huntington Beach police officers picked her up from work the day of the crash and she had called her husband from the back of the police car. When she was told that her son had died, her first instinct was the hang up the phone.
"What else was there to say?" she said of her reaction.
When she arrived home, she could hear Danny Oates' younger brother and sister screaming inside from the news.
"My house was so happy," she said. "How can this be my life, my family that I've worked so hard to cherish?"
Relatives and friends talked about the broad shouldered, athletic teen who was a vegetarian and liked to be rubbed on the forehead.
"He did make our hearts grow and the other kids learned from his example," said Morrie Rowan of her oldest grandchild.
Jeffrey Woods' neighbors, friends and former teacher said he was a kind man who helped others.

Yes, we all make mistakes, but for someone who is "a kind man who helped others" that is a very gross mistake.


"There is not a malicious bone in Jeff's body," said Jenny Bradish. "He is truly one of the most compassionate and caring kids I have ever known."
Ron Ferree said the family had four children and that Jeffrey Woods was not a criminal.

Hmm, let's see:


Driving under the influence of not just one but two narcotics
Driving while texting


Those seem like criminal acts to me. Was the DA able to prove if he had a legal script for those two drugs? If not, isn't that another criminal act?


"The whole family is the most loving, warm family you would ever want to know," he said.
Kelly said that he believes Jeffrey Woods was genuinely remorseful for his actions.
Woods was also sentenced to three years parole, he had his driver's license was revoked for three years and he needs to pay $28,000 in restitution to the Oates family.

I presume that the three years suspension of his license starts after he gets out.