A Cedar Hills man, 80, has been charged with manslaughter and accused of hitting and killing a 9-year-old boy riding his bicycle in Pleasant Grove in April.
presumable you mean, “charged with nothing harsher than manslaughter.” What charge do you think is appropriate for an unintentional homicide while doing non-criminal activities?
Friend, read the article.
Prosecutors say at least two witnesses “were honking, yelling, and waving” at Hunter to get him to stop. Instead, Hunter allegedly “began to pick up speed and left the scene.”
Dalton was dragged about 50 feet before becoming dislodged from the vehicle.
Not only is manslaughter inappropriate for a hit-and-run, but him dragging the body without intention to stop suggests he may have killed this boy as he was trying to run away.
If an upgraded charge can’t be done in this case, then we need to make a new charge for future hit-and-run drivers.
Having a friend who’s life was derailed for years after being dragged under a van for a block, I’m guessing he didn’t even notice. Just straight-up oblivious. The driver who right hooked my buddy and dragged him, as far as anyone could tell, was completely unaware of what had happened. And an Ecoline is both smaller than and has better visibility that one of these modern bloater trucks.
I’m guessing he didn’t even notice. Just straight-up oblivious. The driver who right hooked my buddy and dragged him, as far as anyone could tell, was completely unaware of what had happened.
As terrible as that must have been, the driver could very well argue ignorance (they should still be in deep shit for it, though).
But in this case, the driver was being hailed by multiple witnesses who were trying to stop him from leaving the scene, and he fled faster!
He might claim negligence for the initial hit, but not for the rest of it.
Right but my point is that in that raised climate controlled soundproofed cab he might legitimately not heard shit. Not that it should be an excuse, but an American judge would probably disagree with me on that. Old fart’s got his culpable deniability.
So, fleeing from the scene, failing to render aid, etc etc etc, but it doesn’t turn an unintentional act into premeditated homicide. You can agree to that, right?
That’s why I said there should be a new, elevated charge available in these cases.
FWIW, there are circumstances where a charge is automatically elevated, even if not premeditated, so we know that laws can have flexibility.
For example:
While planning and deliberation is the key [for a 1st degree murder charge], there are circumstances where it is not necessary for a conviction. For example, a man was charged with first-degree murder in 2011 after a police officer was run over and killed by a stolen snowplow. While there was no proof that there was a plan to use the plow to kill someone, the death occurred while the police officer was performing his duties, thus leading to a first-degree charge. SOURCE
I’m not saying drivers who do hit-and-runs should get 1st degree murder, but they should get something more than that.
If this happened in Canada, the driver could get life in prison. But Florida looks at hit-and-run as a third-degree felony, which is equal to something like forgery or theft over $750. 🫤
Friend, read the article.
Not only is manslaughter inappropriate for a hit-and-run, but him dragging the body without intention to stop suggests he may have killed this boy as he was trying to run away.
If an upgraded charge can’t be done in this case, then we need to make a new charge for future hit-and-run drivers.
Having a friend who’s life was derailed for years after being dragged under a van for a block, I’m guessing he didn’t even notice. Just straight-up oblivious. The driver who right hooked my buddy and dragged him, as far as anyone could tell, was completely unaware of what had happened. And an Ecoline is both smaller than and has better visibility that one of these modern bloater trucks.
As terrible as that must have been, the driver could very well argue ignorance (they should still be in deep shit for it, though).
But in this case, the driver was being hailed by multiple witnesses who were trying to stop him from leaving the scene, and he fled faster!
He might claim negligence for the initial hit, but not for the rest of it.
Right but my point is that in that raised climate controlled soundproofed cab he might legitimately not heard shit. Not that it should be an excuse, but an American judge would probably disagree with me on that. Old fart’s got his culpable deniability.
That’s what licencing is for.
You assume that licence drivers understand the limitations and risks of the vehicle they are in.
You assume that they would drive slowly and/or with a window down if they can’t see/hear well enough to avoid hitting things in a residential area.
Not this
lol no I don’t assume any of that and it’s kinda weird how often people on lemmy are telling me what I assume
Still DEFINITELY not that
Insane attitude to have, maybe worse to verbalise
You lost me mate
If he heard it or not, hitting something and not stopping is crazy.
So, fleeing from the scene, failing to render aid, etc etc etc, but it doesn’t turn an unintentional act into premeditated homicide. You can agree to that, right?
That’s why I said there should be a new, elevated charge available in these cases.
FWIW, there are circumstances where a charge is automatically elevated, even if not premeditated, so we know that laws can have flexibility.
For example:
I’m not saying drivers who do hit-and-runs should get 1st degree murder, but they should get something more than that.
If this happened in Canada, the driver could get life in prison. But Florida looks at hit-and-run as a third-degree felony, which is equal to something like forgery or theft over $750. 🫤