Found Deceased CA - Kiely Rodni missing from Party Near Prosser Family Campground in Truckee #10

[ItalyReader]

Thanks for the link. Now we need to see if LE lost key evidence during their vehicle recovery in this case. JMO.

We will have to wait and see if they release that info, yes.

We don’t know what was lost when the car with open/broken windows was flipped underwater, but it’s safe to say that it would have been strange if nothing fell out of the open windows in that process.

And it is also safe to say that it would be incredibly lucky if every object that fell out was recovered by the police.

I recall a nypost article talking about a person (amateur diver perhaps?) who claimed to have collected objects including a laptop that may have been Kiely’s from underwater where the car was found - does anyone know if that was discounted? I don’t believe it was ever confirmed publicly? Anyone know?

 

[RANCH]

CAUTION: THIS NIH ARTICLE HAS GRAPHIC IMAGES

Investigation of Drowning Deaths: A Practical Review, Academy of Forensic Pathology, 3/2018​

"Every effort should be made to determine the location of each victim within the vehicle. It is important to remember that a submerged vehicle with occupants is a crime scene, so diligence must be taken to preserve evidence inside the vehicle. Documentation of interior and exterior evidence, such as damage, should be done prior to removing the vehicle from the water. This is because in many cases the vehicle will be damaged in the recovery process. Having divers close any windows prior to removal from the water will help eliminate evidence loss."

This article, which I posted previously, may also help us learn about the NIH standards for autopsy of drowning deaths.

Thanks. This makes sense. Document things before you hook up air bags or wrap or a tow hook. JMO.

 

[RedHaus]

So you are basing your criticism against LE based on a YouTube video. I haven't watched that video. Link it up and I'll take a look at it.

rs&bbm

Duty Don with Barbara Butcher, YT, 9/8/2022

Duty Don, retired NYPD was joined by two guests on this video:

1. Barbara Butcher, Retired Chief of Staff and Director of Forensic Investigations (Death Investigator) at the NYC Office of Chief Medical Examiner. She obtained her MPH Master of Public Health at Columbia University.

2. Edward Wallace, Retired first grade NYPD Crime Scene Unit Detective

This video was approved by Mods to be posted back then. Not sure where it landed in all our threads, but here is again.

 

[RANCH]

We will have to wait and see if they release that info, yes.

We don’t know what was lost when the car with open/broken windows was flipped underwater, but it’s safe to say that it would have been strange if nothing fell out of the open windows in that process.

And it is also safe to say that it would be incredibly lucky if every object that fell out was recovered by the police.

I recall a nypost article talking about a person (amateur diver perhaps?) who claimed to have collected objects including a laptop that may have been Kiely’s from underwater where the car was found - does anyone know if that was discounted? I don’t believe it was ever confirmed publicly? Anyone know?

So it looks like you feel LE did not recovered all evidence from Kiely's car.

Do you feel this means the conclusion LE made that this was an accidental death and there is no evidence of foul play is incorrect? JMO.

 

[MadMcGoo]

AGREE TO DISAGREE and move on from the bickering.

 

[RANCH]

AGREE TO DISAGREE and move on from the bickering.

I think that's a good idea.

 

[Warwick7]

I don't recall that. JMO.

Sorry, that is some bad auto correct. I wanted to say: "moo that is what the friend allegedly stated."
Wow! Crazy auto correct in my phone. I should have checked it before I sent it.

 

[MamaSleuth5]

Rest in peace, beautiful Kiely. Thank you for sharing your shining light with the world.

May we all shine out extra kindness every day in honor of Kiely Mai.

 

[Vacajoe]

In the state of California selling, giving, or providing alcohol to a minor is a misdemeanor. It is punishable by a mandatory $250 fine and/or 24-32 hours of community service.

Except that in the event of a death resulting from such an illegal action, then a charge of “involuntary manslaughter” can be sought. That’s a felony and can result in serious prison time. It’s been used for drunk driving cases in the past that ended in death, charging bartenders, party hosts, and store managers who provided alcohol illegally.

 

[ItalyReader]

rs&bbm

Duty Don with Barbara Butcher, YT, 9/8/2022

Duty Don, retired NYPD was joined by two guests on this video:

1. Barbara Butcher, Retired Chief of Staff and Director of Forensic Investigations (Death Investigator) at the NYC Office of Chief Medical Examiner. She obtained her MPH Master of Public Health at Columbia University.

2. Edward Wallace, Retired first grade NYPD Crime Scene Unit Detective

This video was approved by Mods to be posted back then. Not sure where it landed in all our threads, but here is again.

Thank you for sharing this and for helping clarify that this is allowed here.
I have found this video and also some others of Duty Ron / Ed Wallace extremely educational, for an amateur inexpert but curious person like me!

 

[RedHaus]

Thank you for sharing this and for helping clarify that this is allowed here.
I have found this video and also some others of Duty Ron / Ed Wallace extremely educational, for an amateur inexpert but curious person like me!

I agree.

But to be clear, AFAIK only this 9/8 Duty Ron video has been approved by Mods.

 

[R.U.Kidding!]

So not finding Kiely sooner was because the local LE agencies don't have the funding for training and the specialized equipment needed.

I'm not sure what potential evidence was proven to be dumped out of the CR-V and where does damage to Kiely herself happen.

Are you saying LE purposely ignored evidence? I'm not seeing that. JMO

Hi Ranch,
Respectfully disagree-The car was found in an hour 1/2 exactly where the last phone ping was and that was Prosser lake, in 14 ft of water , not far from shore. With 19,000 man hours used in this case WTH were they looking? Furthermore LE distinctly said Procsser was already searched, so they were there at some point. There just is no excuse for wasting all these man hours and money. LE blew it!
"I am not sure what potential evidence was proven to be dumped out of the CRV" either since they never went back to look after the car was turned over. Did they even take photos of the car before uprighting it. What a mess, JMO

 

[R.U.Kidding!]

I agree.

But to be clear, AFAIK only this 9/8 Duty Ron video has been approved by Mods.

Duty Ron and Ed wallace are retired police detectives. Ed Wallace is 1st grade detective with the crime scene unit. Their knowledge of such things is imeasurable.

 

[R.U.Kidding!]

Can you give us the evidence that supports this being a homicide or that foul play is involved?

I have no reason to distrust the conclusions made by LE that this was an accidental death and that there was no evidence of foul play. JMO.

All cases should be treated as homicides until proven otherwise. This is so all evidence will be accounted for and able to be examined. If after all this is completed, there is no evidence of foul play then COD can be determined to be something else.

 

[RANCH]

Except that in the event of a death resulting from such an illegal action, then a charge of “involuntary manslaughter” can be sought. That’s a felony and can result in serious prison time. It’s been used for drunk driving cases in the past that ended in death, charging bartenders, party hosts, and store managers who provided alcohol illegally.

I wonder how hard it would be to prove who gave Kiely alcohol or marijuana? Was there only a single source for those things at this party?

Could a possible defense be that the ethanol in her system was from decomposition and not from consuming alcoholic drinks? Could a lawyer tell a jury that the THC was from prior use and not from the party? Reasonable doubt?

 

[RANCH]

All cases should be treated as homicides until proven otherwise. This is so all evidence will be accounted for and able to be examined. If after all this is completed, there is no evidence of foul play then COD can be determined to be something else.

I have no reason to believe that LE didn't investigate this case properly. This is the last I will say on this as a Mod has said to move on. JMO.

 

[SMK777]

California Highway Patrol still investigating Kiely Rodni case:

“How she ended up in the water is under investigation by the California Highway Patrol’s major accident investigation team.”

Coroner: No foul play in death of Truckee’s Keily Rodni

TRUCKEE, Calif. — There was no foul play in the death of a 16-year-old whose disappearance sparked a weeks-long search effort before her body was found in her car submerged in a Northern California reservoir,...

www.tahoedailytribune.com

 

[evilwise]

Except that in the event of a death resulting from such an illegal action, then a charge of “involuntary manslaughter” can be sought. That’s a felony and can result in serious prison time. It’s been used for drunk driving cases in the past that ended in death, charging bartenders, party hosts, and store managers who provided alcohol illegally.

I am not an attorney in the state of California but from my quick review of California Criminal Code section 192 (California Code, Penal Code - PEN § 192 | FindLaw) the responsibility for death resulting from choosing to drive while intoxicated is specifically attributed to the driver. If you can find a precedent in California where even a shopkeeper or bartender was convicted of negligent manslaughter in a drunk driving accident, I would be interested to read it to see if the legal process laid out could even apply to someone who brought alcohol to a party.

 

[steeltowngirl]

I am not an attorney in the state of California but from my quick review of California Criminal Code section 192 (California Code, Penal Code - PEN § 192 | FindLaw) the responsibility for death resulting from choosing to drive while intoxicated is specifically attributed to the driver. If you can find a precedent in California where even a shopkeeper or bartender was convicted of negligent manslaughter in a drunk driving accident, I would be interested to read it to see if the legal process laid out could even apply to someone who brought alcohol to a party.

Maybe if they can locate a licensed establishment that sold alcohol?

Section 25602.1 Business and Professions Code (Supplying of alcoholic beverage to intoxicated minor):

Notwithstanding subdivision (b) of Section 25602, a cause of action may be brought by or on behalf of any person who has suffered injury or death against any person licensed, or required to be licensed, pursuant to Section 23300, or any person authorized by the federal government to sell alcoholic beverages on a military base or other federal enclave, who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage, and any other person who sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person.

Section 25658(a) Business and Professions Code (Sale to a Minor):

Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor.

Section 25602.1 - Cause of action against person who sells, furnishes, or gives alcoholic beverage to obviously intoxicated minor, Cal. Bus. & Prof. Code § 25602.1 | Casetext Search + Citator

Read Section 25602.1 - Cause of action against person who sells, furnishes, or gives alcoholic beverage to obviously intoxicated minor, Cal. Bus. & Prof. Code § 25602.1, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

 

[IDK]

I am not an attorney in the state of California but from my quick review of California Criminal Code section 192 (California Code, Penal Code - PEN § 192 | FindLaw) the responsibility for death resulting from choosing to drive while intoxicated is specifically attributed to the driver. If you can find a precedent in California where even a shopkeeper or bartender was convicted of negligent manslaughter in a drunk driving accident, I would be interested to read it to see if the legal process laid out could even apply to someone who brought alcohol to a party.

Just curious if this applies when the victim is not of legal age? ( in regards to responsibility being attributed to the driver only) Being under 18 yo, wouldn’t there be a higher level of responsibility to those who provided alcohol or marijuana in case of a fatal accident? I can look for this info later, just thought I’d throw it out there in case anyone knows.