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COP WHO KILLED GRANDMOTHER GETS CASE DISMISSED AFTER FELLOW OFFICER MISSES TRIAL
#1
Quote:The Florida Highway Patrol is under heavy fire after a state trooper was found responsible for the death of a grandmother in a crash at over 100 miles per hour, but saw the case dismissed after the officer who wrote his citation failed to show up to trial.

Worse yet, the officers and the judge in the courtroom were seen laughing about the dismissal on video.

http://www.theblaze.com/stories/2013/02/...ses-trial/

Quote:FHP found the trooper, Detrick McClellan, at fault in the horrific crash, fired him, and cited him with three traffic violations.

But when his case came up in court, the trooper who issued the citations wasn’t there. Another trooper in attendance said that though he couldn’t represent the agency, he would not object to dismissing the tickets, and the judge did just that.

McClellan walked out with no consequences, and even got handshakes from his fellow law enforcement officers.

The trooper who issued the citations has been exonerated — FHP found he had a legitimate reason to miss court — but seven other troopers remain under investigation for their conduct in the hearing. FHP is still trying to sort out what happened in the courtroom.

Video at link.
Ladies of the Second Amendment

"I regard giving as necessary to right the balance" Hu Chung

http://appleseedusa.org/



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#2
If that "Stuck in the Middle with You" scene from Reservoir Dogs ever happens in real life, I hope it's to cops like this--the one who got away with it, and the ones who are celebrating that he did.
Vampire pig man since September 2012
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#3
A lot of hubbub about nothing. The judge has no choice. The cop didn't show up, that's the end of the road. Speedy trial and all.. These aren't murder charges, probably just traffic citations.

Since an investigation shows the trooper that didn't show up had a legitimate excuse I don't get the issue. I thought anyone in the room would laugh at a candid camera comment with regards to rather or not the defender wants a continuance or a dismissal? I mean he'd be an idiot if he wanted a continuance.. There's nothing wrong here other than the state of florida not being in the court room to prosecute this guy. The real issue wasn't that anyway, the real issue is rather or not he was charged with some BS traffic violation when he might have been better charged with a serious criminal offence. My guess is the accident was just that and while he got canned he probably didn't intend to kill anyone.

One more point, its not like this cop was responding to someone jay walking, he was responding to people throwing objects off a bridge into oncoming traffic. Wannta bowling ball going through your windshield and killing your wife on a highway? He should have been speeding like a bat out of hell.


http://www.nytimes.com/1994/02/10/nyregi...-ball.html

Quote:Youth Is Held In Death From Bowling Ball
By CLIFFORD J. LEVY
Published: February 10, 1994
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A teen-ager enrolled in a residential program for young people with emotional problems was charged today with dropping a 16-pound bowling ball off an overpass here that crashed through the windshield of a car below, killing a baby girl in the back seat.

The suspect, Calvin J. Settle, 18, was arrested early this morning on a homicide charge. He was accused of pushing the black Brunswick ball over a concrete barrier near the Holland Tunnel on Sunday night. The attack turned a routine ride home for a Brooklyn family into a violent ordeal of shattered glass and sudden death.



http://www.liveleak.com/view?i=e17_1188386236
Quote:Truck driver got hit in the face by bowling ball thrown from overpass
August 29, 2007
Fairmont, Minnesota
The State Patrol is seeking information from the public that might lead investigators to whoever dropped a bowling ball off a bridge over Interstate 90 that smashed through the windshield of a truck, seriously injuring the driver.

Ted Maki, 54, of Missoula, Mont., was eastbound at 70 mph, hauling mail from Seattle to Philadelphia, when the bowling ball hit him in the face around 12:15 a.m. Sunday near Fairmont.
In the front of the cab, just to the right of the driver's seat, was a bowling ball.

http://www.newson6.com/Global/story.asp?S=13500017


Quote:Checotah Family Has Close Call After Bowling Ball Thrown From Overpass


Posted: Nov 14, 2010 2:21 PM EST
Updated: Nov 14, 2010 7:40 PM EST



A bowling ball thrown from an overpass came close to hitting a 4-year-old boy.


Odom's son said the impact of the ball hitting the truck gave him quite a surprise.


The bowling ball crashed into the windshield.


Glass from the windshield exploded everywhere right where 4-year-old Clyde was sitting.
Lacie Lowry, News On 6
CHECOTAH, Oklahoma -- A Checotah man said he was scared for his son's life after someone threw a bowling ball at the family's truck.

Greg Odom and his 4-year-old son were riding around on Veteran's Day when someone threw the bowling ball off an overpass on I-40 and it hit the roof and windshield of the truck.
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#4
The problem isn't what he was responding to, the problem is that he was responding improperly. He wasn't using his emergency lights and he attempted to negotiate a curve at approximately 100mph when the suggested speed was 35mph. If you or I had done something similar we'd have been charged with vehicular homicide, not just given traffic tickets. The resulting trial would have been a much more serious affair and the officer that was required to be there, would have been there.

All of this smacks of collusion on the part of the officers, and I assume that's why there's so many officers currently under investigation. In the OP's article it states that FHP has caused 320 accidents and 19 deaths. I wonder how many of those the officers were prosecuted to the fullest extent of the law the way you or I would be.
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#5
He was definitely going too fast and was reckless but I don't know if I see vehicular manslaughter, I'm just trying to be reasonably fair. The citations are sort of worthless, i mean a $1000 series of fines ain't really much of a condolence to the loved ones.. Sending him to jail might be but in reality it should be a huge check with at least 8 zeros (million+) in it. I'm happy with him being canned. I wouldn't take my s2000 around a 35mph curve at 100 mph let alone whatever this guy was driving. Why he didn't or if he even had lights/sirens doesn't matter much. The accident would have probably happened anyway at those speeds. He's negligent, he responsible, but I sort of don't give two shits about the tickets so long as the officer that issued them truly was indisposed for legitimate reasons. It happens. and we all pray that they don't show up when its our time Smile What I'm wondering is if he was the only case for that officer that day..

streaker69;81636 Wrote:The problem isn't what he was responding to, the problem is that he was responding improperly. He wasn't using his emergency lights and he attempted to negotiate a curve at approximately 100mph when the suggested speed was 35mph. If you or I had done something similar we'd have been charged with vehicular homicide, not just given traffic tickets. The resulting trial would have been a much more serious affair and the officer that was required to be there, would have been there.

All of this smacks of collusion on the part of the officers, and I assume that's why there's so many officers currently under investigation. In the OP's article it states that FHP has caused 320 accidents and 19 deaths. I wonder how many of those the officers were prosecuted to the fullest extent of the law the way you or I would be.
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#6
Quote:Yarborough cited McClellan for careless driving, speeding, and failure to use his emergency lights — non-criminal traffic infractions typically punishable by fines.

A hearing was set for Nov. 5 before Gadsden County Judge Kathy Garner. Two hours before it started, Garner's assistant got a call saying Yarborough wouldn't be there, the judge announced at the hearing.

Yarborough had a "medical emergency" and notified his supervisor, Sgt. Aaron Stephens, that morning, said Rasmussen, the FHP spokeswoman. But Stephens failed to send someone else or request the hearing be rescheduled, she said.

The above is from the linked article in the OP. Rather convenient that one of those "medical emergencies" came up 2 hours before the hearing. Since it's "medical" in nature, nothing has to be revealed about it because that would violate medical confidentiality laws. The police may not know the laws that they're enforcing, but they sure do know how to play the system to their advantage.

Quote:He was definitely going to fast and was reckless but I don't know if I see vehicular manslaughter, I'm just trying to be reasonably fair. The citations are sort of worthless, i mean a $1000 series of fines ain't really much of a condolence to the loved ones.. Sending him to jail might be but in reality it should be a huge check with at least 8 zeros (million+) in it. I'm happy with him being canned.

If you crossed the center line after losing control of your vehicle at 60mph in a posted 35pmh and killed someone, do you honestly believe you wouldn't be charged with vehicular manslaughter?

I realize this is a Wiki, but...

Quote:Vehicular homicide (also known as vehicular manslaughter) in most states in the United States, is a crime. In general, it involves death that results from the negligent operation of a vehicle, or more so a result from driving while committing an unlawful act that does not amount to a felony. In the Model Penal Code there is no separate category of vehicular homicide, and vehicular homicides that involve negligence. Both are included in the overall category of negligent homicide.[1][2] It can be compared to the offense of dangerous driving causing death in other countries.

It sounds as though the cop was negligent in failing to use his emergency lights and driving too fast for the road he was on. He should have been charged.

Here's a close example of a "normal" person getting charged.

Quote:Car accident

On September 29, 2003, Dany Heatley was driving a Ferrari 360 Modena and Dan Snyder was in the passenger seat.[36] Heatley, who was driving between 55-82 MPH in a 35 MPH zone,[37] lost control and skidded into a brick pillar and iron fence.[36] Six days later, Snyder died from his injuries. Heatley was charged with vehicular homicide as a result of the crash. He pleaded guilty to second-degree vehicular homicide, driving too fast for conditions, failure to maintain a lane, and speeding. He was sentenced to three years probation and ordered to give 150 speeches on the dangers of speeding, and pay $25,000 to Fulton County for the cost of investigating the crash.[37]

Driving too fast for the posted road, lost control and killed his passenger.
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#7
Well cops can drive 60 mph in an emergency situation. Lights or no, I can't but I do Smile.. I don't know if I would be charged, I tend to think vehicular manslaughter charges tend to only be given in severe circumstances. Regardless, I do wonder if they charged him with traffic citations in order to save him from getting charged with homicide. The funky thing here is a good lawyer would have told him to pay the fines that very second to use double jeopardy defense in case they tried to charge him with VM later.

Quote:Car accident

On September 29, 2003, Dany Heatley was driving a Ferrari 360 Modena and Dan Snyder was in the passenger seat.[36] Heatley, who was driving between 55-82 MPH in a 35 MPH zone,[37] lost control and skidded into a brick pillar and iron fence.[36] Six days later, Snyder died from his injuries. Heatley was charged with vehicular homicide as a result of the crash. He pleaded guilty to second-degree vehicular homicide, driving too fast for conditions, failure to maintain a lane, and speeding. He was sentenced to three years probation and ordered to give 150 speeches on the dangers of speeding, and pay $25,000 to Fulton County for the cost of investigating the crash.[37]

unless there was ice, snow or rain if you lose control of a ferrari going 90 in a 35 you're a moron.
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#8
Quote:McClellan walked out with no consequences, and even got handshakes from his fellow law enforcement officers....

I wonder if any family members of the deceased Grandmother were present in the Courtroom?



And just a side note:

Quote:According to the Sun Sentinel, speeding officers have caused at least 320 accidents involving 19 deaths across the state since 2004.
Ladies of the Second Amendment

"I regard giving as necessary to right the balance" Hu Chung

http://appleseedusa.org/



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#9
I'd be interested in the stat for how many innocent people are killed a year by police car crash, that aren't being pursued.

Looks like those numbers might be more than the number of officers killed on duty each year which says to me their cars are armored for impact in such a way that we should consider it for passenger cars.
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#10
With all the recent articles coming out, the LAPD shooting up random trucks, Bucks cops killing a 90yr old woman in her home in a hail of bullets, stories like this, I've been giving a lot of thought about police in general. I'm sure I'm not alone here that growing up thought about coming a cop. I think most little boys do think about it, and one of my kids talks about it all the time. Just reflecting on all these cases, I could never be a cop, there's no way I could work with people that apparently have no regard for the citizens that they're supposed to serve.
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