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Yep, Second Degree Murder

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Yep, Second Degree Murder

Old 06-24-14, 11:28 AM
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Yep, Second Degree Murder

Announced today, the guy who killed the cyclist on her way to work in Healy, AK has been charged with Second Degree Murder. The initial charge was Manslaughter but the Grand Jury upgraded that to Second Degree Murder. He is still in jail and probably will remain there until trial and well after.

There is one person who won't get another bite at the apple.

It can be done!
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Old 06-24-14, 11:49 AM
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What are the details on this?
Drunk?
Intentional?
Drugged ?
Hit and Run?
Was the victim politically connected-wealthy family?
Accused-does he have some sort of record?
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Old 06-24-14, 11:59 AM
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Earlier report on the incident says they were impaired.

Bicyclist killed in Healy hit-and-run, driver arrested | KTVA CBS 11
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Old 06-24-14, 12:00 PM
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rpk79 just posted the exact link. I'm seconds away from looking stupid...
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Old 06-24-14, 12:01 PM
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Originally Posted by phoebeisis View Post
What are the details on this?
Drunk? Yes

Intentional? No or it would have been First Degree Murder

Drugged ? Alcohol

Hit and Run? Yes

Was the victim politically connected-wealthy family? Nope, just a local who worked seasonal jobs. Currently driving tour busses.

Accused-does he have some sort of record? Don't Know. But most likely.
What is interesting is that this is pretty routine treatment for this type of crime. Second Degree Murder is when the person acts with reckless endangerment and disregard to the safety of others. Killing someone while driving impaired fits that definition.

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Old 06-24-14, 12:01 PM
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Here's what Google found:

Healy woman killed in apparent hit and run - Fairbanks Daily News-Miner: Local News

No indication if alcohol was a factor in this incident, but the driver plead no contest to a DUI 7 years ago. They didn't catch up to him for 5 hours so they probably wouldn't be able to prove alcohol use anyway.
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Old 06-24-14, 12:09 PM
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Originally Posted by ItsJustMe View Post
Here's what Google found:

Healy woman killed in apparent hit and run - Fairbanks Daily News-Miner: Local News

No indication if alcohol was a factor in this incident, but the driver plead no contest to a DUI 7 years ago. They didn't catch up to him for 5 hours so they probably wouldn't be able to prove alcohol use anyway.
Maybe. He still had a pretty high BAC. They can backtrack on that and the courts will accept the results.

But, even without the impairment leaving the scene of an injury collision is a big no-no, a big no-no.s
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Old 06-24-14, 12:27 PM
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Originally Posted by HawkOwl View Post
Maybe. He still had a pretty high BAC. They can backtrack on that and the courts will accept the results.

But, even without the impairment leaving the scene of an injury collision is a big no-no, a big no-no.s
One issue that I have is that in many states, penalties for DUI, especially repeat DUI are much more stringent than they are for hit and run. As a result, if you have a DUI on your record and you hit someone, your best bet is to drive home, and pour yourself a drink. If they do catch you, the worst that happens is that you are charged with hit and run, which is less bad than DUI. The result is that the victim is less likely to get timely treatment for any injuries. Penalties for hit and run should be more severe than any other infraction that the driver may be avoiding by not staying at the scene.
In California maximum penalty for H&R is a $1000 fine and 6 mos in jail. Max penalty for a repeat DUI is a $5000 fine, 16 months in jail and forfeiture of the vehicle, so if you are a repeat DUI offender and you hit someone, you are much better off taking a H&R rap.
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Old 06-24-14, 12:33 PM
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It's funny because if the person had claimed to have no knowledge of the incident, it'd all go away... laws are stupidly implemented.
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Old 06-24-14, 12:34 PM
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Originally Posted by HawkOwl View Post
Maybe. He still had a pretty high BAC. They can backtrack on that and the courts will accept the results.

But, even without the impairment leaving the scene of an injury collision is a big no-no, a big no-no.s
Nope. He'll claim he was drinking heavily in the 5 hours between the incident and when the police arrived at his door. If he's smart, he answered the door while taking a swig from a half empty bottle of scotch - thus rendering any BAC backtracking to the time of the collision irrelevant. G

He's cooked on failing to remain at the scene, but given that there were no witnesses to the incident, it may well be difficult to prove any other crime at all, much less second degree murder.
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Old 06-24-14, 12:50 PM
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Originally Posted by Jaeger99 View Post
Nope. He'll claim he was drinking heavily in the 5 hours between the incident and when the police arrived at his door. If he's smart, he answered the door while taking a swig from a half empty bottle of scotch - thus rendering any BAC backtracking to the time of the collision irrelevant. G

He's cooked on failing to remain at the scene, but given that there were no witnesses to the incident, it may well be difficult to prove any other crime at all, much less second degree murder.
Leaving the scene of an injury collision where the person dies is enough for second degree murder Since a piece of his truck was at the scene there is no doubt it and since he and witnesses put him in the truck that should be a slam dunk. In addition he reportedly confessed. Assuming the Troopers properly advised him of his rights, and they very seldom screw that up, he is toast on that charge.

What may or may not have been wise in his case doesn't matter. If reports are correct his BAC can be back tracked. Small, rural communities have an amazing amount of verifiable information about people like this. That will all come to play.

My disappointment is that very seldom, in any city or state, does someone get behind the wheel impaired without someone or someones knowing about it. Way too often citizens fall down on their duty to their fellow humans in letting an impaired person drive. People driving on prescription medications, alcohol, recreational drugs all are involved, sometimes with the same person. People in that person's community know it but do nothing until a disaster occurs. Then they wring their hands and complain.

When citizens are willing to step up to the plate and prevent impaired people from doing things that can harm others most impaired driving will go away.

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Old 06-24-14, 01:02 PM
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Originally Posted by HawkOwl View Post
Leaving the scene of an injury collision where the person dies is enough for second degree murder Since a piece of his truck was at the scene there is no doubt it and since he and witnesses put him in the truck that should be a slam dunk. In addition he reportedly confessed. Assuming the Troopers properly advised him of his rights, and they very seldom screw that up, he is toast on that charge.

What may or may not have been wise in his case doesn't matter. If reports are correct his BAC can be back tracked. Small, rural communities have an amazing amount of verifiable information about people like this. That will all come to play.

My disappointment is that very seldom, in any city or state, does someone get behind the wheel impaired without someone or someones knowing about it. Way too often citizens fall down on their duty to their fellow humans in letting an impaired person drive. People driving on prescription medications, alcohol, recreational drugs all are involved, sometimes with the same person. People in that person's community know it but do nothing until a disaster occurs. Then they wring their hands and complain.
I very much doubt leaving the scene is enough - by itself - to support a conviction for second degree murder but it's a big crazy world with some crazy laws.

I only read the first link, so I'm not sure of the additional information you are referring to. I didn't see where witnesses placed him in the truck at the time and place of the collision. The fact that he owns the truck is likely not in dispute.

His BAC at the time of the collision cannot be backtracked if he was drinking over several hours between the collision and his arrest. Of that I am fairly sure.

Yes, they can likely connect his truck to the scene and him to the truck, but not every collision is a crime, much less a murder. If there were no witnesses to the incident then it will be hard to prove much beyond the fact of the collision itself.

Of course if he confessed, that changes everything.
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Old 06-24-14, 01:40 PM
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Originally Posted by Jaeger99 View Post
If he's smart
I don't think we have to worry about that.
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Old 06-24-14, 01:40 PM
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Originally Posted by sauerwald View Post
One issue that I have is that in many states, penalties for DUI, especially repeat DUI are much more stringent than they are for hit and run. As a result, if you have a DUI on your record and you hit someone, your best bet is to drive home, and pour yourself a drink. If they do catch you, the worst that happens is that you are charged with hit and run, which is less bad than DUI. The result is that the victim is less likely to get timely treatment for any injuries. Penalties for hit and run should be more severe than any other infraction that the driver may be avoiding by not staying at the scene.
In California maximum penalty for H&R is a $1000 fine and 6 mos in jail. Max penalty for a repeat DUI is a $5000 fine, 16 months in jail and forfeiture of the vehicle, so if you are a repeat DUI offender and you hit someone, you are much better off taking a H&R rap.
PA is in the middle of changing that. The law is named after a little local boy who was run down by a drunk who took off but came forward afterwards.

If I have my cases right, he's currently contesting his sentences as it's too 'harsh'. I'm not sure though. There are too many drunks and too many hit-n-runs round here.
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Old 06-24-14, 02:37 PM
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RPK ITSJUSTME
Thanks for the links.
So he left her there to die
and since he DUI 7 years ago-safe bet he was DUI this time too.

If he had stayed on the scene(like a decent human being)-perhaps putting her in his truck and hauling her to the local hospital/doc- he might not have been charged with anything (assuming he wasn't drunk-which seems vanishingly unlikely)
There might have been no way to prove "who was at fault"-exactly where contact was made
Fault-evil indifference-pretty obvious now
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Old 06-24-14, 08:43 PM
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Originally Posted by phoebeisis View Post
RPK ITSJUSTME
Thanks for the links.
So he left her there to die
and since he DUI 7 years ago-safe bet he was DUI this time too.

If he had stayed on the scene(like a decent human being)-perhaps putting her in his truck and hauling her to the local hospital/doc- he might not have been charged with anything (assuming he wasn't drunk-which seems vanishingly unlikely)
There might have been no way to prove "who was at fault"-exactly where contact was made
Fault-evil indifference-pretty obvious now

Stayed on scene and rendered aid he certainly wouldn't be in the situation he is now. Whether she died or not would have a significant bearing on the charge. Assuming a trial it would have a huge impact on the jury. As it is the elements are there for reckless endangerment which is one of the keys for his charge.

On scene investigation details have not been widely released. But, they have been given to the grand jury that indicted him for second degree murder. A proper investigation could pretty clearly show where contact occurred and other details which would indicate fault. Since the early 80's law enforcement has gotten pretty good at that.
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Old 06-24-14, 09:28 PM
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Originally Posted by HawkOwl View Post
But, even without the impairment leaving the scene of an injury collision is a big no-no, a big no-no.s
Hell, this is also a state that prosecutes people for failing to provide winter survival aid to fellow road users that are stranded on the road side.
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Old 06-25-14, 12:46 AM
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