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Killer gets no jail, has no insurance, has no consequences

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Killer gets no jail, has no insurance, has no consequences

Old 01-29-11, 08:42 AM
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Killer gets no jail, has no insurance, has no consequences

This story really gets me. The cyclist is participating in an organized ride, and going through an intersection closed by the police to let the riders through. Moron pickup truck driver self-repaired one brake line but not the other, and his brakes fail at the intersection. He hits and kills a cyclist. He's charged with a second degree misdemeanor, and the prosecutor is not asking for jail. He didn't have any insurance, so the cyclist's family is compensated only because the cyclist had UM coverage on her own car. Probably the only thing that costs ol' Bubba anything is fixing the dent in his hood.

Ohio needs to change some laws.
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Old 01-29-11, 09:15 AM
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As an Ohioan, I completely agree.
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Old 01-29-11, 09:30 AM
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I find it incredible how little respect a cyclist gets from law enforcement all over the country.
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Old 01-29-11, 10:17 AM
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Originally Posted by dpeters11
As an Ohioan, I completely agree.
also in ohio I was riding through a city called richfield when an old man in a K-car pulled out in front of me and stopped so next thing i know im flying over the top of his car followed by my bike... so the police show up and they take the guys statement trying to calm him down (the old man was mad at me) but they are not talking to me they kept saying the sergeant was coming to take my report himself ....so 20 minutes later the sergeant finally shows and what does he have on the back of his squad car ...his police mt bike ...JUSTICE
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Old 01-29-11, 10:59 AM
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You see, they've just given up any pretense of trying.

Unfortunately, understanding on behalf of the police is too far in between... Most people stopped riding bicycles if they ever did, decades ago and just don't relate to such a situation as being hit.
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Old 01-29-11, 03:05 PM
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What would you charge him with?
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Old 01-29-11, 03:22 PM
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It really is time to start putting drivers without insurance in jail for a couple of weekends.

Those that cause damage or injury should also lose 3 times the value in personal property for the damage and injury they cause.
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Old 01-29-11, 03:26 PM
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Originally Posted by dobber
What would you charge him with?
Something, anything steeper than a second degree misdemeanor. They charged the concorde mechanic with manslaughter.
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Old 01-29-11, 03:30 PM
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Originally Posted by dobber
What would you charge him with?
That's what I was wondering. I don't think brake failure can fall under vehicular homicide.

When I lived in Tampa there seemed to be a lot of bikers that died. There are really long, open stretches of road that is easy to go fast on. But if a motorist "fails to yield the right of way" or "disobeys a traffic sign" and as a result someone dies... those drivers don't get charged with homicide. Unless they showed intent or were under the influence. It's unfortunate but the result of an accident doesn't always elevate the seriousness of the drivers mistake. You t-bone someone from running a red light and someone gets killed... it's usually just a moving violation for the driver.

From my experience anyway.
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Old 01-29-11, 03:30 PM
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Originally Posted by electrik
Something, anything steeper than a second degree misdemeanor. They charged the concorde mechanic with manslaughter.
Criminal charges are a result of intent.
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Old 01-29-11, 04:41 PM
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Criminal charges are a result of intent.
So...are you suggesting that if a dude was cleaning his Smith & Wesson and it went off and blew his neighbor's head off, there would not be criminal charges?

Or...you are leaving a gas station and as you drive across the sidewalk there is small kid walking and you inadvertently run over the kid so there is no criminal charges?
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Old 01-29-11, 05:35 PM
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Originally Posted by 009jim
So...are you suggesting that if a dude was cleaning his Smith & Wesson and it went off and blew his neighbor's head off, there would not be criminal charges?

Or...you are leaving a gas station and as you drive across the sidewalk there is small kid walking and you inadvertently run over the kid so there is no criminal charges?
those are pretty bad examples if your car brakes stop working you cant stop I am sure they checked out bubbas story which is probably why he was not charged with worse but for your examples the guy cleaning his gun would get at least discharging his weapon but running over someone on a sidewalk would be manslaughter because YOU failed to look both ways before driving on the sidewalk ...now let me ask this ... if you were driving down the road during the winter and hit a chuckhole which blew out your tire causing your car to spin out of control into a van full of nuns ...what do you think you should be charged with ???
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Old 01-29-11, 05:49 PM
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Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.
It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death.
I.e. put titanium bolts in a plane where they don't belong and hundred die or you fail to maintain your automobiles braking system and kill somebody.
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Old 01-29-11, 06:11 PM
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It's criminal gross negligence and you can be charged with a felony.
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Old 01-29-11, 06:37 PM
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After reading the story it looks like the guy is getting charged with manslaughter. But people want more?
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Old 01-29-11, 06:39 PM
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Originally Posted by twobadfish
After reading the story it looks like the guy is getting charged with manslaughter. But people want more?
Wrong, he is being charged with vehicular manslaughter... that is the lesser charge 90 days in prison, maximum.
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Old 01-30-11, 08:07 AM
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Originally Posted by fordmanvt
It's criminal gross negligence and you can be charged with a felony.
https://en.wikipedia.org/wiki/Criminal_negligence

But criminal negligence is a 'misfeasance or 'nonfeasance' (see omission), where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest.
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