How drunk was he?
Hard to tell because there is so much they haven’t released yet. They’ve got him nailed on leaving the scene of a fatal accident, which is a class D felony. Even that gets interesting because he did turn himself in to APD less than two hours after the crash.
The drinking part is going to be really hard to prove unless he was really drunk. He refused to consent to a breath or blood test so it was well over two hours before APD got a court order and got the blood drawn. That’s a lot of time to let your body process alcohol so who know what number that test will come back with. The guy got a lawyer and is not cooperating with the investigation at all. Shitty as a human being who carelessly took the life of an 18 year old girl, but the smart thing for him to do at this point.
So if they can’t prove he was drunk forget vehicular homicide. At least NY smartened up back in 05 and changed the law to make leaving the scene of a fatal accident a class D felony, same as vehicular homicide, closing the loophole that made it legally beneficial to flee the scene if you were drunk. I’m pretty sure a WNY case was used to push that change through.
The max for a class D is 7 years and that’s probably not going to happen.
I guess I can understand why he fled the scene. Spending all that time and money on education, building a practice, becoming a reputable (from the sounds of it) doctor, and to throw it all away. Even if he gets a slap on the wrist, his reputation is tarnished forever. Now I am in no way saying that what he did was right, or I agree with it…He should have stopped and actually shouldn’t have been driving anyway.
I can’t believe you can kill someone with a ton and a half of motorized steel and get a max of 7 years. How does that make sense?
It’s just the opposite actually. He took an oath and violated it by leaving the scene. He’ll never practice again.
OP, your initial link went down.
Bullshit. regardless of this guy occupation. Your telling me this girl who was 18 and had a chance to live another 60+ years gets her life ended short, and all this guy can get as a very max would be 7 years. How do you put a time on someones life spent in jail after he killed another person, let alone a teenager.
Even more so, he probably wont even spend that much time due to “good behavior.” Fucking bullshit. This guy can be free in 4 years if it even is that long and the family of this girl is left with the rest of their life to remember there little girl got killed by a drunk driver who is now able to roam the streets again free after committing a murder.
edit: he should be charged jail time for drunk driving, more jail time for killing someone, and more jail time for leaving a scene of an accident/hit and run with a pedestrian/ and leaving a scene as an injured person as a medical professional that caused the crime. (I know thats not a punishable offense so I believe)
^Well I guess we don’t need a fair trial. LOL
What do you need, 1. Proven he was drunk 2. He hit a person with a vehicle 3. That person died from his actions 4. as a doctor and having the chance of being first on the scene, he could have possibly, not likely… but prevented it from being a casualty 5. He left the scene of a hit and run
Sorry but I already know his fair trial will not be fair due to his occupation and money and politics in the town of Amherst. Yeah, the man will probably be put in jail, but its up to the judge on the time spent, which well I’m guessing he has ins with someone in the court system.
lol @ yeamabu
he did something wrong! TAKE AWAY HIS RIGHTS!!!
I understand the leaving the scene being 2.5 to 7. People panic and leave the scene when they’re not even at fault. It doesn’t make it right but I can see why it doesn’t carry the same sentence as murdering someone in cold blood. What I don’t agree with is even if they prove he was drunk and they prove vehicular homicide it’s still only 2.5 to 7. When you make a conscious decision to break the law and it leads to someone’s death the punishment should be far more severe than 7 years max.
You’re logic is severely flawed. Speeding is the perfect example. You can easily kill someone by doing 40 in a 35mph zone. So you broke the law and it lead to someone’s death. You saying I should get 7 years for that?
No I agree, the police and the local media should be the judge and jury because what ever a cop tells Channel 2 is better than our stupid court system.
Sorry I dont care for channel 2
No, I was thinking specifically cases where vehicular homicide applies. No one gets vehicular homicide for a crash where they’re 5 over the speed limit.
Either act “civil” or you should be cast out of “civilization”. Disregarding another persons right to life, or taking another life in your hands with a stupid decision is not civil IMO.
yea, if it falls within the realm of vehicular homicide…I’ve seen DWI cases where the driver is charged with 2nd degree murder, so that’s an option for the DA to go if they want to take a chance on the conviction and hit them hard.
no conviction in this case, but it’s actually similar to the case here. He was a Dr. and he actually did stop and tried to help. Stopping to help is probably the only reason he wasn’t convicted on 2nd degree murder. http://www.newsobserver.com/2011/03/02/1023363/cook-gets-3-years-but-no-murder.html#ixzz1FU3mFrrU
editing now.
her funeral is this morning.
It all varies by state. I’ve read the NY penal code cover to cover but have never looked at NC so I can’t really comment on that case. Here DWI resulting in a fatality can’t be charged as 2nd degree murder. It’s vehicular homicide, 1st or 2nd degree. 1st degree is a class C felony (max 15 years) but you need one of the following otherwise it’s 2nd degree:
.18 or higher BAC
Operate the vehicle with a known suspended license
Have a prior DWI
Kill multiple people in the accident
Have a child of 15 or younger in the vehicle at the time and caused the death of that child.
Sources:
NY Penal Code, Part 3, Title H, Article 125
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN125.13$$@TXPEN0125.13+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=51283176+&TARGET=VIEW
NY Penal code, part 2, Title E, Article 70
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN70.00$$@TXPEN070.00+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=51283176+&TARGET=VIEW
My uncle once told me (he’s a town super), that if you get in an accident as such and you’re drunk, if you run over to a bar and order some drinks… any blood test/breathalyzer the police take is unable to be used against you.
and with the 90 minute lapse in time, plus if i recall he didn’t submit to the test so they had to get a court order… He could have said he started drinking afterward or went to a bar after or whatever the shit he wants to say.
Then the test is invalid… Yes/No?
and why the fuck is it (this very much annoys me), that if you shoot someone dead, or stab someone you get life in prison… But if you kill them when you’re drunk you only get a couple years?
So the lesson to me would be, if you want to kill someone… get drunk and run them over. Probably doesn’t even matter if they’re in their house, just drive right in! yay legal system?
edit;
obviously this guy is going to have the best lawyers possible…
so i revise my earlier statement of 3-4 years, down to 1-3 years.
ahhh yeah, forgot it probably varied by state
good info, thanks