No one should ever benefit from committing a crime. Way too often people who injure and kill leave the scene of the carnage they caused. Many turn themselves in after the alcohol has left their system. Others don't even do that and are only found after painstaking investigations. When they are prosecuted they face a class E felony if they have killed or Class A misdemeanor if they have injured. If intoxicated when they killed or injured, the penalty would have been much greater. They benefit by committing the crime of leaving the scene. They also show the world what matters to them and it is not the poor injured of deceased person they left on the roadside. Their fellow human beings are nothing to them. They exhibit by their actions what they value.
In the Sevierville newspaper a story is told about two young men who allegedly ran into a woman on a horse with their cars. The woman suffered injuries. The horse died. The young men kept going. The young men are presumed innocent. Eventually the Courts will sort out any culpability issues. In the meantime we should remember our great responsibility to care for one another in times of need. Never accept that leaving a crash scene is anything less than immoral and horrible!
Read about the case at:
http://www.themountainpress.com/view/full_story/14966091/article--2-arrested-in-connection-with-hit-and-run--of-horse--rider-?instance=most_recommended
Tuesday, August 9, 2011
Friday, August 5, 2011
George Washington gets 25 years for aggravated vehicular homicide
The Court of Criminal Appeals has affirmed a 25 year sentence in State v Washington. The crash occurred in May 2004. Washington went to turn left and turned directly in front of a motorcycle killing the driver. Washington had 6 prior DUI's and nothing previously ordered stopped him from driving with a BAC over .30.
Thursday, August 4, 2011
Naked and tased
A Florida deputy was sent to look for a reckless driver and found him, naked and drunk in a Dodge Intrepid on the shoulder of the highway.. The naked man, Kelly Bachmeier, 43, refused to get out. The man refused to raise his hands and what followed from the taser had to sting. Bachmeier had a blood alcohol content over .30.
Bachmeier had an expired North Dakota license. The story makes no mention of any sunburn.
Read about this judgment impaired individual at:
http://www.gainesville.com/article/20110803/ARTICLES/110809839/-1/entertainment?Title=Naked-motorist-in-Levy-charged-with-DUI
Bachmeier had an expired North Dakota license. The story makes no mention of any sunburn.
Read about this judgment impaired individual at:
http://www.gainesville.com/article/20110803/ARTICLES/110809839/-1/entertainment?Title=Naked-motorist-in-Levy-charged-with-DUI
Vehicular Homicide gets 15 years
In Lawrenceburg Tennessee Terry Michael Gibson, 24, has pled guilty in the tragic case in which he killed his passengers. He was driving intoxicated and crashed. Two of his passengers, Misty McWorter, 17, and Devin Prince, 15, died due to crash injuries. Two more Blake Clem, 15, and Sarah Burkes, 21, were injured.
Please keep the victims and their families and friends in your thoughts and prayers.
Read more at:
http://www.timesdaily.com/article/20110803/NEWS/110809959?Title=Man-pleads-guilty-to-vehicular-homicide
Please keep the victims and their families and friends in your thoughts and prayers.
Read more at:
http://www.timesdaily.com/article/20110803/NEWS/110809959?Title=Man-pleads-guilty-to-vehicular-homicide
Slow wheels of justice revisited
In speaking of the slow wheels of justice, which included a reference to 10 month old DUI's in Sessions Court in Nashville, I did not mean to criticize the Nashville DA's office in any way. That office like the office in Memphis, Knoxville and Chattanooga diligently handles thousands of DUI cases per year. So far this year the Nashville office has closed 2, 262 DUI cases.
We don't win them all. Things happen. For instance one former Nashville DUI officer is facing felony charges and he will not be called as a witness in cases in which he made the arrest.
My point was and is that one aspect of our efforts as prosecutors must be to do what we can to prevent unneccessary delay. In Hamilton County more than one lawyer took pride in trying to make cases last two or three years. One lawyer would tell his client they would have to plead guilty, but he would tell them when. Then if an officer was killed, retired or got fired, he would strut into court to collect his dismissal. Delay benefits the defense. We simply have to monitor it and try to prevent it.
I believe prosecutors know that. I don't know how many other people realize it. Some things posted here are for the benefit of people who have never been prosecutors. There are way too many DUI crimes committed and prosecutors have the burden of trying to convict the guilty to protect the public. It is a hard job and we should always honor all who perform this mission on a daily basis.
We don't win them all. Things happen. For instance one former Nashville DUI officer is facing felony charges and he will not be called as a witness in cases in which he made the arrest.
My point was and is that one aspect of our efforts as prosecutors must be to do what we can to prevent unneccessary delay. In Hamilton County more than one lawyer took pride in trying to make cases last two or three years. One lawyer would tell his client they would have to plead guilty, but he would tell them when. Then if an officer was killed, retired or got fired, he would strut into court to collect his dismissal. Delay benefits the defense. We simply have to monitor it and try to prevent it.
I believe prosecutors know that. I don't know how many other people realize it. Some things posted here are for the benefit of people who have never been prosecutors. There are way too many DUI crimes committed and prosecutors have the burden of trying to convict the guilty to protect the public. It is a hard job and we should always honor all who perform this mission on a daily basis.
Wednesday, August 3, 2011
Tennessean focuses on DUI after tragedy
I was asked to submit a guest opinion in the Tennessean newspaper and was happy to do so. Laura Dial, the Tennessee MADD executive director did the same and Dwight Lewis wrote a very nice editorial. Read all three at:
Tuesday, August 2, 2011
Slowly the wheels of justice turn
On October 1, 2010 fifteen people were arrested in Nashville for DUI crimes. Since then, nine of the cases were finished in the Sessions Court. Six were found guilty. Three were dismissed with two of the three pleading to a reckless driving charge.
Meanwhile four cases were bound over and sent to the grand jury.
Two have been delayed more than 10 months and have court dates set later this year.
The wheels turn slowly. Delay is the defendant's best friend. We'll keep watching and see how the cases delayed by a year turn out. In the meantime I hope our prosecutors will try to eliminate unneccessary delay, so that the guilty are convicted and those not guilty are not.
Meanwhile four cases were bound over and sent to the grand jury.
Two have been delayed more than 10 months and have court dates set later this year.
The wheels turn slowly. Delay is the defendant's best friend. We'll keep watching and see how the cases delayed by a year turn out. In the meantime I hope our prosecutors will try to eliminate unneccessary delay, so that the guilty are convicted and those not guilty are not.
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