Deputy kills 2, 1 in critical cond.

[PscyclePath]

The word now is that the deputy in question was arrested for drunken drivng a couple years ago, but was allowed to plea bargain into a charge for taking part in a speed exihibition on the highway, whatever that is.

I feel a little for the guy, but at least he is alive and able to maybe feel some remorse. Two law-abiding innocents are dead and cold in their graves, and another is probably maimed for life.

They haven't made enough buses yet to throw this dude under.

[trinena]

For those of you in the area there is a memorial ride for Matt and Kristy on Sat. afternoon details in below link.

http://rememberingmatt.blogspot.com/

I would feel more optimistic about a fair investigation if deputy Council were to speak to CHP investigators but his lawyer has advised him not to. He left the scene with another deputy (stated because he was distraught and he was rambling) before they got there and he still has not spoken to them. I'm wondering if that's how things usually proceed?

I agree with Invsblwmn "... anytime someone gets hurt consequences need to be a little heavier than guilt and a traffic ticket." For the sake of Matt and Kristy's families and friends I hope it's resolved soon.

[OakLeaf]

Whether or not the victim is in another vehicle, a bike or a pedestrian doesn't make any legal difference. It often makes a difference in the amount of sympathy the victim draws from the prosecutor (who decides what charges to file), and the judge and/or jury (who decide guilt or innocence and sentence).

What is wrong with the law, in every state I'm aware of, is the mens rea (mental element for those one or two non-lawyers in this thread ) required for vehicular homicide. Any other traffic offense is strict liability. That means if you're speeding, it doesn't matter if your speedo was broken and you didn't know it. If you're drunk, it doesn't matter whether or not you'd tested your BAC or whether you had any idea that one drink might interact with some legal meds you were on. If you run a red light, it doesn't matter whether you saw it or not.

Kill somebody and all that goes out the window. All of a sudden the state has another element to prove: what was in your head, and what might have been in the head of a hypothetical "reasonable person." The more serious the consequences, the MORE the state has to prove. THAT's what's wrong with the law.

[Geonz]

Amen.

It's not easy to solve, though, because so many people simply can't imagine depriving somebody of the privilege of driving. Our culture is so dependent on it. If we can create a culture where you *can* exist with dignity without a car (I'm fortunate enough to be able to arrange my life so I can, but for others it *would* be, basically, impossible to perform the functions life demands without one), then we could hold people more responsible for being able to wield one safely.

[spindizzy]

A line from the old Police song "Fragile" is playing in my head as I read this thread about this tragedy...

"How fragile we are, how fragile we are."

I was thinking today when the sun was shining on the dirt on my windshield, how difficult it was to see..that I might have difficulty seeing anyone..you know when the sun is at that certain angle and you're squinting even though you have your sunglasses and the visor is down...like Veronica said we are all guilty of putting ourselves and others in dangerous situations...

lives forever altered in a blink of an eye...

[trinena]

Here is a link to Kristy's memorial blog. I posted Matt's link earlier.

http://www.rememberingkristygough.blogspot.com/


I like how it says "Let us remember Kristy not as a victim, but as the young woman who lived an outstanding life."

It also states that "In lieu of flowers, Kristy's family suggests that donations be made in Kristy's name to her favorite charity organization, PETA."

[Trek420]

Amen.

It's not easy to solve, though, because so many people simply can't imagine depriving somebody of the privilege of driving. Our culture is so dependent on it. If we can create a culture where you *can* exist with dignity without a car (I'm fortunate enough to be able to arrange my life so I can, but for others it *would* be, basically, impossible to perform the functions life demands without one), then we could hold people more responsible for being able to wield one safely.

Realizing rural areas and so on, this is not always possible but .... I was at a presentation with an advocate for the disabled and brought up something that was going on with our local transit agency. And Sharon (the advocate) said " how'd you know about that?"
"I'm a cyclist"
"huh?"
"it's the same issue"
"ooooooh"

None of us are promised one more day of health. Whether age, accident, medical condition or even just a one time thing (I'm too tired, drunk ... I should not drive) we all can loose the ability to drive.

So these drivers with a DUI and then they hit or kill someone ... there are plenty of transit options out there.

[ttaylor508]

here is another write up on this tragic accident

http://www.sfgate.com/cgi-bin/articl.../BAEVVIOS9.DTL