Car Accident Case involving death and paralysis - what would you do?

[Mark Ducati]

Last summer, we had a horrific accident in our county... here's the story:

A 16 year old boy doing 75mph in a 45mph highway, rammed the back end of a vacationing family's mini-van that was stopped at a red light. A 6 year old girl in the van was killed, and her 3 year old brother is now a quadrapalegic.

I've been following this story in the local paper for a while now... it's now come out that the 16 year old boy wasn't drinking, he was "huffing" difluoroethane (computer keyboard compressed air cleaner).

The 16 year old boy is going to be tried in superior court as an adult and the most he could get it 75 years in prison.

There was a big full page ad in the paper yesterday written by his attorney pleading for the case to be kicked back to juvenille court where the most he'll get is 2 years. The statement from the attorney/boy/family said that if he goes to prison for 75 years it serves no one... but if he gets out in 2, goes to college, he can get a a career and earn money to help support this family.

Courts have a lot of power in their rulings... We live in North Georgia, and this vacationing family is from Florida.

Here are my thoughts as a father... I'd hate it if my 5 or 8 year old were killed or paralyzed because of some idiot huffing dope and driving. Yet, kids sometimes make bad choices and I would equally hate it if my child turned 16 and did something stupid like that too.

This is a situation where no body wins, both families lose...

As a father, I don't think that this kid serving 75 years would be in the best interest of the community, the victims, or the 16 year old boy.

This is what would satisfy me... kid gets convicted in juvenile court, does his 2 years with no probation (he gets out at 18 and can work on his GED in jail). He's smart, has good grades (as reported in the paper), he goes to college, and whatever career/job he has... HALF of everything he earns goes to support this family for the rest of his life AND he is mandated to visit the victim's family every 6 months as a reminder to how they have to live because of what he chose to do that night.

What do you guys think?

[Richard Simmons]

I tend to agree that locking him up for 75 years isn't really accomplishing anything though in all fairness what's the actual amount of time he is likely to serve before making parole, 5 years, 8 years, maybe 10?

Was he insured, probably under his parents policy? If so and that is covering or going to cover the hospitalization and furture care of the son then I see no reason for the 16 years old to pay them half of his earnings for the next 5 or 6 decades.

The children, as tragic as it is weren't providing any income to the family so as long as insurance covers the medical why burden the 16 YO with something for the rest of his life if the intention is to allow him a second chance and to make something of himself?

[1 Patriot-of-many]

I would think more along the lines you mentioned Mark would be the way to go. I don't see how you could legally mandate someone go to college ect though.....In a perfect world....

I was 16 once, never hurt anyone, but I don't know about you all, It sure coulda happened if fate was different.

[O.S.O.K.]

This is a tough one. It would have been easier on everyone if the kid (16 yo) had just died in the crash.

I think he should be tried as an adult and sentenced with manslauter - which would be reduced sentence.

[mriddick]

If it was my kids or grandkids I'd campaign to get him out in 2 years then kill him myself.

If society can get along without the 2 already killed and injuried one more out of the picture isn't going to stop the world.

[Mark Ducati]

I hear you about the college thing.... no, it was the paper that stated the boy expressed a desire to go to college and it was his wish to earn money to help support the family.

I don't know about insurance settlements, but those have limits as to how much they will pay. Its going to be a huge cost to take care of the 3 year old quadrapalegic... I don't know how long people like that tend to live (Although steven hawkins is an exception, I think most have shortened life spans) and this is a horrible thought, but I think it'd almost have been better if the 3 year old were killed too. Its heart breaking to follow this family's story on face book and hear what they're dealing with, it takes the mother 90 minutes just to get the son up and prepared in the morning and he's so frustrated and doesn't understand why he cant move, he's just now at this age acquire verbal skills to begin with and this makes communicating even harder.

Maybe half of this guy's income is a bit much to ask for... okay, I'd maybe settle for 25-30% of whatever he makes. This is not only compensation to the family but a punishment/reminder of what he did and a trade off for not going to prison for 75 years. I would also like him to visit minimally once a year to actually see how the 3 year old is progressing or not and what his daily suffering has been like. This is what would satisfy ME. What you want, if this were your family, may be totally different.... I've heard both sides from folks in town, and there some who have said everything from giving him the full 75 years with no parole to the death sentence because this was an intentional act to huff and drive.

As I said, this is a very harsh case because it involves children on both sides.

And riding to coat tails of patriot... I too was 16, and I'm lucky to be alive on many accounts and also lucky to have not killed anyone else myself.

[LAGC]

What's he actually being charged with? Murder?

Sounds like Vehicular Manslaughter at best, but a quick search showed that Georgia doesn't have a statute for that. The closest thing seems to be Involuntary Manslaughter, which carries a prison term of 1 to 10 years.

2 years in juvy seems like a pretty light sentence for taking someone's life. At least if he was prosecuted in adult court he could be put on probation for awhile, to at least help support the crippled kid through restitution until he turns 18.

I mean, insurance probably paid for the immediate hospital expenses, but its going to cost a lot of time and money to care for a quadriplegic, even if he gets on Social Security Disability. The 16-year-old should help pay back the Social Security Trust fund if nothing else.

But he shouldn't have to forfeit his whole life due to a stupid mistake. We all did dumb things as teenagers.

[mriddick]

What's he actually being charged with? Murder?

Sounds like Vehicular Manslaughter at best, but a quick search showed that Georgia doesn't have a statute for that. The closest thing seems to be Involuntary Manslaughter, which carries a prison term of 1 to 10 years.

2 years in juvy seems like a pretty light sentence for taking someone's life. At least if he was prosecuted in adult court he could be put on probation for awhile, to at least help support the crippled kid through restitution until he turns 18.

I mean, insurance probably paid for the immediate hospital expenses, but its going to cost a lot of time and money to care for a quadriplegic, even if he gets on Social Security Disability. The 16-year-old should help pay back the Social Security Trust fund if nothing else.

But he shouldn't have to forfeit his whole life due to a stupid mistake. We all did dumb things as teenagers.

Use of drugs probably bumps it up to murder, doing the drugs then getting behind the wheel of a car and killing/injuring 2 people is IMO more then just a stupid mistake.

[Warthogg]

A 6 year old girl in the van was killed, and her 3 year old brother is now a quadrapalegic.

My 6 year old dead and my 3 year old a quadriplegic.....I would want him tried as a juvenile so I could kill him in two years.


Wart

[Ezra Coli]

Mark, you are talking restitution instead of punitive justice. Restitution is my preferred justice (its the Biblcal normative form) and means that instead of punishment without any form of 'making right', the perpetrator of a crime is required to pay back or restore or make right what he has wronged/stolen/destroyed. This is the basis of our nation's capital punishment, it is actually the only form of restitution generally practiced that remains. While a judge may require a criminal to pay restitution, it is usually not part of the law anymore. Capital punishment is restitution only from a moral justice perspective, obviously you can't restore or make right a capital offense like murder.

[Ruskiegunlover]

I think it should be VOLUNTARY manslaughter. The kid NEW he was taking a huge risk with his behavior, but he CHOSE to do it. Unless he did it under duress, which he obviously did not, he CHOSE to do it. And for every choice in life there is a consequence. I just do not understand people......he KILLED a child, and he might as well have killed the second one. The paralized one....what kind of life will they have now given this dumb shit kids decision? The paralized kid will never make love to a spouse, likely never have kids, never run at night with a spouse, never walk a dog, not get to walk a daughter down the isle, NEVER GET TO LIVE LIFE. Personally, I'd rather be dead than paralized. And this kid DID THIS BY CHOICE. HE PURPOSFULLY ENDANGERED THE LIVES OF OTHERS. And you guys think he deserves a break......I don't give a damn if he wants to cure cancer: he should sacrifice what he took from them as his punishment, which means put him to death.

I lost a friend who was closer to me than my own older brother to a drunk. Charles was 20 years old. I, along with MANY other people have gone through hell with the loss, and its been 8.5 years. Thankfully, the drunk died in the accident. But the drunk made a DECISION TO DRINK AND GET DRUNK. He made a CONSCIENCE DECISION to get drunk, and gamble on the lives of others. Just like this 16 year old. And why make him pay? JESUS help our country......thats right, he KILLED two kids (basically), and you guys want him out in 2 years, and not even forced to pay ANY monetary restitution? So should there be ANY punishment for his crime? Shit, why not just let him out......

[tank_monkey]

Use of drugs probably bumps it up to murder, doing the drugs then getting behind the wheel of a car and killing/injuring 2 people is IMO more then just a stupid mistake.

Huh? I don't think we up charges based on what type of impairment. He would have done the same if DRUNK on liquor. But I don't Liquor induced crashes bumped up to Murder because liquor was involved.

[N/A]

I'd have the lawyer hauled into court and have the judge keelhaul him for trying to influence the workings of the court by taking out the ad. Then I'd try the kid as an adult.

[Ruskiegunlover]

Drnking and driving, doing narcotics and driving are no different then playing russian ruelette. You KNOW there is a strong possibility that you could hurt someone. And if you pull the trigger, you are taking a chance with the life of others. Just the fact that the kid knowingly took the lives of others in his hands and did what he did should be a crime in this case. Really upsets me...People are loosing site of the ONLY TRUE VICTIMS IN THIS CASE, THE FAMILY HE HIT. THE KID IS NOT A VICTIM. HE IS A PERPETRATOR, HE IS THE CRIMINAL WHO HURT OTHERS. Again, think of the damage he did. Think of the paralized child, whose life has ended before it even began. That kid will never backpack south central utah, never join the boyscouts or girlscouts, never get to experience LIFE as everyone else knows it. THE KID, HIS SIBLING, AND THE PARENTS ARE THE VICTIMS. WHY BE LENIENT ON THE 16 YEAR OLD? BECAUSE HE DESERVES IT?

[Ruskiegunlover]

I hate to say this Mark, but I think your attitude here is a bit leaning towards the left. REAL sad the kids made a catastrophic mistake that hurt numerous other people, REAL sad he made a bad decision, so he shouldn't REALLY be punished for it. We are all supposed to keep HIM in our minds and hearts, and feel sorry for him, and try not to ruin HIS life. Like society is responsible for his decisions.....like WE (society) are ruining his life and 'serving no one' by punishing him. NO. He has ruined the lives of many people now, and on the side ruined his. No one but him is responsible for this. And he should pay for it.

[mriddick]

Huh? I don't think we up charges based on what type of impairment. He would have done the same if DRUNK on liquor. But I don't Liquor induced crashes bumped up to Murder because liquor was involved.

Actually I think in some places it can, in your state of California killing a person while driving drunk seems to be able to increase the charge to murder. http://www.legalmatch.com/law-librar...i-and-dwi.html

[1 Patriot-of-many]

I have to disagree Ruskie, when you're that young you aren't really thinking, drinking ect. It'd be different if you were throwing a brick at some kids head deliberately As some brit kids a few years ago.. This wasn't a deliberate act to kill someone. Manslaughter IMO and I'm not really the lib I appear to be in this thread. Deliberate acts? Firing squad or better yet a rope. Young stupid kid? Restitution and a good decade or more of lesson.

[1 Patriot-of-many]

I hate to say this Mark, but I think your attitude here is a bit leaning towards the left. REAL sad the kids made a catastrophic mistake that hurt numerous other people, REAL sad he made a bad decision, so he shouldn't REALLY be punished for it. We are all supposed to keep HIM in our minds and hearts, and feel sorry for him, and try not to ruin HIS life. Like society is responsible for his decisions.....like WE (society) are ruining his life and 'serving no one' by punishing him. NO. He has ruined the lives of many people now, and on the side ruined his. No one but him is responsible for this. And he should pay for it.

You can honestly say at 16 you had it all together and thought of every action you took with reverence as we do now older and wiser?
Geez I do sound like a lib........ And I'm not. Far from it.

[Warthogg]

You can honestly say at 16 you had it all together and thought of every action you took with reverence as we do now older and wiser?
Geez I do sound like a lib........ And I'm not. Far from it.

Virtually no one has "it all together" at 16 as the brain is not completely matured. However, he took two lives.......and really the lives of the parents. Society gave him a 'license' to drive so he has the responsibility.

I've already clearly stated my opinion above.

Wart

[mriddick]

My take is a little more basic, if he did that to your all's family I'd be OK with letting the courts decide. But if talking my family it makes it much more personal and I'd rather personally handle it.