GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #13

[Nali87]

I'm not sure why folks are focused on the word unintentional in my post. That's what the OP was talking about .... forgetting -- which is, by definition, unintentional.

Well then what is your question? Even if you run through a red right unintentionally and kill someone, be that your child or a stranger, chances are you could still be charged with involuntary manslaughter. Because you should have been driving your car a certain way that stopping in time should have been possible. So again, even forgetting could result in a sentence. Murdercharges is not the only option. No DP of course, but jailtime is possible.

 

[Baznme]

And that's what the defense with try and show. That JRH acts where unintentional. JMO.

Yes, I realize that Ranch but I don't think it's going to work. The defense would be remiss if they didn't try it.

 

[Karmady]

Well then what is your question? Even if you run through a red right unintentionally and kill someone, be that your child or a stranger, chances are you could still be charged with involuntary manslaughter. Because you should have been driving your car a certain way that stopping in time should have been possible. So again, even forgetting could result in a sentence. Murdercharges is not the only option. No DP of course, but jailtime is possible.

I think if the charge were involuntary manslaughter in this case, we'd have a very short thread here...maybe...and certainly not a featured case. jmo

 

[RANCH]

I don't know anyone who has inadvertently driven through a red light. I know a couple people that have blown through the yellow/red lights on purpose or ran a red light even.

I've inadvertently driven thru a red light. In fact I was hit by another car when I did it. I was a young driver and was used to the timing of the lights on a stretch of road I frequently traveled. I didn't know that the timing of the lights would change at 4:00pm and would go out of sync. Went right thru a red light and got hit.

I've also been a passenger when the driver has inadvertently gone thru a red light.

 

[gngr~snap]

Police Sgt. Phil Stoddard testified that the department’s preliminary investigation had revealed Harris had committed the computer-based crime of sexual exploitation of a minor. When asked if Harris had also committed two misdemeanor violations of illegal contact with a minor, sexually — Stoddard agreed he had.

“We have reached out to Cobb County and will coordinate with them on anything actionable,” Duncan said. But at this point Woodstock Police say they don’t have an active investigation."


Interesting, looks like there are 3 more charges to come.



http://wtkr.com/2014/07/11/paypal-to-refund-donations-sent-to-family-of-toddler-who-died-in-hot-car/

 

[RANCH]

I think if the charge were involuntary manslaughter in this case, we'd have a very short thread here...maybe...and certainly not a featured case. jmo

There would be a lot less media coverage also.

 

[Tawny]

I don't know anyone who has inadvertently driven through a red light. I know a couple people that have blown through the yellow/red lights on purpose or ran a red light even.

It happens to everyone, I'm sure. Even the best of drivers have lapses in attention.

 

[Sincerely]

There is a map with the 2013 link showing all of the 2013 child car deaths and has an article with each separately explaining what happened...it is interesting to see that August 1, 2013 Alabama initiated the Amiyah White Motor Vehicle Act, states that if a child dies from being left inside a car the person responsible is guilty of a Class B felony.

http://www.ggweather.com/heat/25_2013.htm

 

[Baznme]

BBM

which was per testimony is on the passenger seat, which is to the right, which he claims that he all of a sudden remembered Cooper when he looked to his right. It all defies common sense, which is why he was charged and is currently sitting in a jail cell.

Especially when you consider he made 7 right hand turns just to get to his parking space going into work that morning!!

 

[Sincerely]

I know that is irrelevant in this case as this occurred in Georgia...I was putting information out there from the website I linked above.

 

[Karmady]

I've inadvertently driven thru a red light. In fact I was hit by another car when I did it. I was a young driver and was used to the timing of the lights on a stretch of road I frequently traveled. I didn't know that the timing of the lights would change at 4:00pm and would go out of sync. Went right thru a red light and got hit.

I've also been a passenger when the driver has inadvertently gone thru a red light.

yes, ime anyway, it happens quite a lot. Another thing I've heard of people doing is treating the red light like a stop sign -- not on purpose, just not making the mental distinction between stopping for a light and stopping briefly for a stop sign. At least in that scenario they look both ways, though (hopefully!)

 

[NancyA]

bbm~ practically everyone I know has inadvertently driven through a red light, including myself. It's kind of a good analogy, actually, imo. What if one of them had their child in the car and the child was killed in an accident caused by mom/dad unintentionally blowing through a red light? Life in prison or the DP? Idk.

Well, we'd be in a world of hurt if courts start accepting 'inadvertent' as an excuse for driving through a red light and endangering other road users regardless of whether or not someone gets hurt or killed.
"I'm sorry it was inadvertent, judge."
"Oh, well, that's ok then, on your way, don't let it happen again."

It may happen to a lot of people but that just means that those people are NOT concentrating on the road ie they are driving without due care and attention, inadvertent is no more a defense than forgetting and especially when you (general) have passengers you're also endangering - in that case it's fricking inexcusable.

 

[Karmady]

There is a map with the 2013 link showing all of the 2013 child car deaths and has an article with each separately explaining what happened...it is interesting to see that August 1, 2013 Alabama initiated the Amiyah White Motor Vehicle Act, states that if a child dies from being left inside a car the person responsible is guilty of a Class B felony.

http://www.ggweather.com/heat/25_2013.htm

So in Alabama, you would be sentenced to "not more than 20 years or less than 2 years."

http://law.onecle.com/alabama/criminal-code/13A-5-6.html

I wonder if any state has as harsh a penalty for this type of crime as GA does.

 

[Karmady]

Well, we'd be in a world of hurt if courts start accepting 'inadvertent' as an excuse for driving through a red light and endangering other road users regardless of whether or not someone gets hurt or killed.
"I'm sorry it was inadvertent, judge."
"Oh, well, that's ok then, on your way, don't let it happen again."

It may happen to a lot of people but that just means that those people are NOT concentrating on the road ie they are driving without due care and attention, inadvertent is no more a defense than forgetting and especially when you (general) have passengers you're also endangering - in that case it's fricking inexcusable.

Huh?...my question was should the sentence involve life or the DP

 

[gngr~snap]

I don't know anyone who has inadvertently driven through a red light. I know a couple people that have blown through the yellow/red lights on purpose or ran a red light even.

Guilty! I did once. Only once.
I was 16, At the red light stopped and the left turn signal came on. The car beside me started moving, so I did too. Drove right through the red light, but I had only been driving maybe 2 months.
I realized I needed to pay closer attention to what I was doing. Other than me and the driver next to me no one else was at the intersection.

 

[Baznme]

Huh?...my question was should the sentence involve life or the DP

Just out of curiosity, what do you think it should be?

 

[Karmady]

There would be a lot less media coverage also.

He would plea to something, go quietly to jail and it would be a non-event, imo

 

[Karmady]

Just out of curiosity, what do you think it should be?

I honestly don't know. I'm conflicted about it, I guess.

 

[NancyA]

It happens to everyone, I'm sure. Even the best of drivers have lapses in attention.

Yeah, we all do I'm sure, but we're also realistic enough not to think having a lapse in attention absolves us of responsibility and certainly not that it would provide an adequate defense in court.

 

[NancyA]

It happens to everyone, I'm sure. Even the best of drivers have lapses in attention.

Yeah, we all do I'm sure, but we're also realistic enough not to think having a lapse in attention absolves us of responsibility and certainly not that it would provide an adequate defense in court.