GUILTY CA - Faith Tsarnas & Kiya Kitchen, Both 14, Die In Hit & Run, Fortuna, 12 July 2016

[fred&edna]

I can't begin to imagine what a person could think that justifies leaving two children dying in the middle of the street. And I can't imagine what a mother would think that allows her to leave her own daughter dying in the street. Dear God, what kind of person is she?

RSBM

Exactly. Anyone with a conscience wonders exactly this.

 

[Lilibet]

Lilibet, thanks for continuing to cover and report on this case! I hope Faith's parents file a wrongful death lawsuit against Kitchen and wipe her out financially. IMO she is the lowest of the low. From your first link:



I can't begin to imagine what a person could think that justifies leaving two children dying in the middle of the street. And I can't imagine what a mother would think that allows her to leave her own daughter dying in the street. Dear God, what kind of person is she?

BBM

I think drugs, including alcohol abuse, can obliterate conscience and parental instinct. Look at Michelle Martens who solicited men to rape her 10 yo daughter while she watched...her child was murdered and dismembered...I have no words. I'm honestly shocked that MK's horrendous actions have not received national attention. Where is the outrage!!??

 

[Lilibet]

I have been sending links of everything I can find to Crime Watch Daily TV show. I HOPE they start covering this story. It might help to see that justice is done.

THANK YOU for trying to get this publicized! I'm surprised there has been no national coverage.

 

[SassyMsCupcake]

BBM

I think drugs, including alcohol abuse, can obliterate conscience and parental instinct. Look at Michelle Martens who solicited men to rape her 10 yo daughter while she watched...her child was murdered and dismembered...I have no words. I'm honestly shocked that MK's horrendous actions have not received national attention. Where is the outrage!!??

Exactly. I mean, I couldn't even accidentally hit an animal without bawling my eyes out while I STOPPED to see if they could be helped! Let alone a human being of any age! If I were drunk my (just speaking of myself) my emotional state would be even worse! I'd go straight to jail with mascara smeared looking like Tammy Faye Baker before I left someone that I hit on the side of the road & not help! J MO

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[Knox]

Exactly. I mean, I couldn't even accidentally hit an animal without bawling my eyes out while I STOPPED to see if they could be helped! Let alone a human being of any age! If I were drunk my (just speaking of myself) my emotional state would be even worse! I'd go straight to jail with mascara smeared looking like Tammy Faye Baker before I left someone that I hit on the side of the road & not help! J MO

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Thank you, I feel bad when I hit a squirrel.

Never heard of a Ramey Warrant, or an Intervention. Does anyone think her Attorney will try and structure a plea deal? MK doesn't want to be seen in public, thinking she may want to avoid appearing in court.

I watched the video of the courtroom exit. I might have it all wrong, but her body language didn't read like someone who is in utter pain, after killing her own daughter and friend. I think Lilibet is right, "obliterated conscience and parental instincts". JMO ...

 

[Lilibet]

Thank you, I feel bad when I hit a squirrel.

Never heard of a Ramey Warrant, or an Intervention. Does anyone think her Attorney will try and structure a plea deal? MK doesn't want to be seen in public, thinking she may want to avoid appearing in court.

I watched the video of the courtroom exit. I might have it all wrong, but her body language didn't read like someone who is in utter pain, after killing her own daughter and friend. I think Lilibet is right, "obliterated conscience and parental instincts". JMO ...

I can't imagine how devastated I would feel to have killed someone with my vehicle, even if it was totally their fault. I would be traumatized for a long time.

I tried to find out what the intervention is, but it doesn't seem to fit the charges. I guess we'll get an explanation from Chiv when it happens.

This attorney has a record of getting reduced or no sentences in cases like this, so I can't imagine him going for a plea deal unless it involves reducing the charges and minimal jail time. I doubt the D.A. will go for that.

To me MK's body language seemed like someone just trying to get through the unpleasantry of the press being in her face. That may be her public personna. But wanting to take JP's little girl on a trip to Santa Cruz three weeks after killing her daughter strikes me as someone who doesn't "get it" or feel it, so I doubt she's devastated in private.
JMO

 

[DatelineFan]

I'm so mad I didn't save the link! Get your kleenex. I just read an article from Washington state. A teenage girl hit an 11 year old girl with her car. She was sober, and the sun blinded both girls. The 11 year old is in a coma. But her mom gave an interview and said she loves the driver, and she knows it was an accident. My heart breaks for all of them! But it made me think of this terrible case. This grown *advertiser censored* woman can't be bothered to take responsibility for her actions!

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[Lilibet]

I'm so mad I didn't save the link! Get your kleenex. I just read an article from Washington state. A teenage girl hit an 11 year old girl with her car. She was sober, and the sun blinded both girls. The 11 year old is in a coma. But her mom gave an interview and said she loves the driver, and she knows it was an accident. My heart breaks for all of them! But it made me think of this terrible case. This grown *advertiser censored* woman can't be bothered to take responsibility for her actions!

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Thank you for sharing this. Here's a link I found. The families are neighbors and friends and the family and the teen driver have been at the hospital with the victim's family. Tragic and beautiful at the same time.

MK on the other hand has hidden out since her daughter died and done everything she can to avoid responsibility. Tragic and ugly.

http://komonews.com/news/local/mom-teen-driver-who-hit-11-year-old-girl-is-dear-friend-neighbor

 

[DatelineFan]

Thank you for sharing this. Here's a link I found. The families are neighbors and friends and the family and the teen driver have been at the hospital with the victim's family. Tragic and beautiful at the same time.

MK on the other hand has hidden out since her daughter died and done everything she can to avoid responsibility. Tragic and ugly.

http://komonews.com/news/local/mom-teen-driver-who-hit-11-year-old-girl-is-dear-friend-neighbor

Oh, thank you, Lilibet! I got this notification as I was heading over to Google.

Can you imagine being the teenager? Obviously everyone involved is in pain, of course. But I'm from the NW, and I know of many streets where you don't want to drive around sunset. You are completely blind. It's scary, and I could have been that teenager many times. There's nothing you can do but slow down to a near stop, and roll until you can see. An inexperienced driver may not slow down fast enough. Horrible situation. Sorry for the off topic. My thoughts are with all of these families.

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[Lilibet]

Oh, thank you, Lilibet! I got this notification as I was heading over to Google.

Can you imagine being the teenager? Obviously everyone involved is in pain, of course. But I'm from the NW, and I know of many streets where you don't want to drive around sunset. You are completely blind. It's scary, and I could have been that teenager many times. There's nothing you can do but slow down to a near stop, and roll until you can see. An inexperienced driver may not slow down fast enough. Horrible situation. Sorry for the off topic. My thoughts are with all of these families.

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OT--This tragedy will change this teen's life, even if the little girl fully recovers. My heart aches for all of them. I know what you mean about the sun. The main street through my town runs approximately east-west, so sunrise or sunset can be blinding. It's amazing there aren't more accidents.

And then there's MK...impaired and speeding. Totally irresponsible. No excuse.

 

[Cricket99]

I am just flabbergasted at the way this case is being handled. I hope this so called mother died not get off with just one charge!!

 

[Lilibet]

I am just flabbergasted at the way this case is being handled. I hope this so called mother died not get off with just one charge!!

The initial article made it look that way, but further articles posted above list the charges. Here is John Chiv's summary:

Count 1 Vehicular manslaughter without gross negligence; Jane Doe # 1 and Jane Doe #2 with special allegation that she fled the scene and a second special allegation that she caused great bodily injury to Jane Doe #2.

Count 2 Driving Under the Influence of an alcoholic beverage causing injury with special allegation of great bodily injury to Jane Doe #1. It is alleged in the complaint filed that the brain injury caused Jane Doe #1 to become comatose and suffer paralysis. Second special allegation that is alleged is that Kitchen caused great bodily injury or death to Jane Doe #2.

http://johnchiv.blogspot.com/2016/09/marci-kitchen-walks-in-courtroom-before.html

It appears that they have charged everything they can prove.

 

[Cricket99]

Thanks do much Lillebet for all the very helpful info. I have becomes addicted to live trials do have had little timeto keep up.

 

[1&2&3]

This story is so dreadful in how a mother could even think of leaving her severly injured daughter lying along the roadside! Let alone how long it has taken the officials to arrest the mother when a known witness was in the car with her. Why was the witness in the car not proof enough to allow LE to arrest Marcie immediately?

Other people who commit vehicular manslaughter are given very long prison sentences. Add to the circumstances of hit and run after stopping to check the scene out which was also observed by a witness, and it would seem this would add additional time to a crueless, heartless woman. Since her condition of being under the influence was not proven, she will get by with this unless LE can find witnesses , friends, who were at the event she attended willing to testify.

The old story rings true again, it's who you know in high places and how much money you have, as to how you will be treated by the law!

 

[Lilibet]

This story is so dreadful in how a mother could even think of leaving her severly injured daughter lying along the roadside! Let alone how long it has taken the officials to arrest the mother when a known witness was in the car with her. Why was the witness in the car not proof enough to allow LE to arrest Marcie immediately?

Other people who commit vehicular manslaughter are given very long prison sentences. Add to the circumstances of hit and run after stopping to check the scene out which was also observed by a witness, and it would seem this would add additional time to a crueless, heartless woman. Since her condition of being under the influence was not proven, she will get by with this unless LE can find witnesses , friends, who were at the event she attended willing to testify.

The old story rings true again, it's who you know in high places and how much money you have, as to how you will be treated by the law!

BBM

Yes, MK does have influential friends and lots of money, but I don't believe that the length of the investigation has anything to do with who MK knows or how much money she has. I have no problem with LE taking a little over two months to investigate and arrest MK. Their job is to be thorough and I respect their diligence. They did not have access to MK. It can take time to gather evidence like phone records, as well as interview people. Do we want the case to fall apart in court because LE rushed the investigation and arrested MK prematurely? Believe me, they are well aware of the kind of attorneys they are dealing with and their record of getting their clients off on serous hit-and-run charges.

We don't know if the witness alleged to be in the car was even willing to speak to the CHP. And even if the alleged witness did speak to LE, they have to gather more information to make a case that will hold up in court before they arrest MK. That one witness, who might have been intoxicated, would be easily discredited by her attorneys. I'm sure people who saw her drinking have been interviewed. They've posted comments on SM.

The charges are much more than were initially reported by Kym Kemp, and they are very serious. However, they appear to me to be no more than what can be proven in court. But I do expect her defense attorneys to use everything at their disposal to get charges reduced or dropped or create reasonable doubt at trial. That's their job, even though it disgusts me. I hope the case is airtight enough because of the evidence slowly and carefully gathered by LE to prevent a miscarriage of justice. Kiya and Faith deserve justice and I am confident that LE feels that way too.
JMO, MOO, etc.

 

[cvaldez1975]

when I worked at a county jail, we had a woman who had been driving drunk with her two friends. she wrecked, killed both her friends and lost her leg. she was given two, 365 day sentences in county jail, one for each friend, consecutive. she left daily to physical therapy due to her injuries. she had no previous record. I don't think she fled the scene though.

4 to 10 years? That's it??

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[cvaldez1975]

my husband's old neighbor killed a person that way.

Oh, thank you, Lilibet! I got this notification as I was heading over to Google.

Can you imagine being the teenager? Obviously everyone involved is in pain, of course. But I'm from the NW, and I know of many streets where you don't want to drive around sunset. You are completely blind. It's scary, and I could have been that teenager many times. There's nothing you can do but slow down to a near stop, and roll until you can see. An inexperienced driver may not slow down fast enough. Horrible situation. Sorry for the off topic. My thoughts are with all of these families.

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[burblestein]

Let's hope for a superseding indictment with more serious charges. Like Murder Two.

 

[Knox]

Has there been any resolution in the dispute over Kiya's ashes? Maybe it was privately resolved, hoping anyway.

 

[Lilibet]

Let's hope for a superseding indictment with more serious charges. Like Murder Two.

BBM

Probably the "malice aforethought" rule for charging murder in either degree will keep that from happening, unfortunately. I think the D.A. has charged as much as can be proven at trial beyond a reasonable doubt. Personally, I would not be surprised if MK did indeed have malice in the moment when she ran the girls down. I don't say that lightly, and I hope that isn't what happened, but the instant cover-up makes me wonder. It's such an unnatural thing for a mother to do.

It could have played out this way: IF there had been an earlier argument, as often happens with teens, and IF in skateboarding on the road they were rebelling against MK's explicit instructions, not for the first time, as often happens with teens, I can imagine an alcohol-fueled blind rage causing a deliberate, intentional, malicious collision with the two girls. But that would be impossible to prove without solid evidence or a confession. So, lacking proof of malice, manslaughter is the only charge available.

Murder requires proof of "malice aforethought," which refers to the defendant's intent or state of mind. In a murder case, California state laws require the prosecutor to prove that the defendant exhibited express or implied malice. Express malice means that the defendant deliberately chose to commit murder. Alternatively, the prosecutor may show implied malice in the defendant's conduct that reflects an "abandoned and malignant heart." Implied malice may arise if the defendant meant to create the circumstances that resulted in the killing of another person. When a criminal case lacks malice, the prosecutor will likely need to pursue manslaughter charges instead of murder charges.

http://statelaws.findlaw.com/california-law/california-second-degree-murder-laws.html