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Posted: Thu Jun 07, 2012 1:13 pm
http://news.bostonherald.com/news/regional/view/20220607found_guiltyteen_to_serveyear_in_fatal_texting_crash/Quote: A landmark texting verdict yesterday sent shockwaves through the smartphone set with a sentence that will lock up an 18-year-old for a year and strip him of his driver’s license for 15 more years. “The message here is, the commonwealth is not going to tolerate any violations of this law,” Boston criminal defense lawyer William D. Kickham said. “It’s extremely dangerous to text and drive at the same time, and the jury’s verdict and the judge’s sentencing reflects that.” A Haverhill District Court jury found Aaron Deveau of Haverhill guilty of motor vehicle homicide and texting while driving causing injury. Judge Stephen Abany sentenced him to 21⁄2 years in the House of Correction on the motor vehicle homicide charge and two years on the texting count. Deveau was ordered to serve one year concurrently on both charges, and the balance of both charges are suspended for five years, and his license will be suspended for 15 years. Massachusetts State Police applauded the sentence. “This was an important case that made very clear the consequences of distracted driving and the resolve and ability of police and prosecutors to hold accountable people who do it,” state police spokesman Dave Procopio said. Prosecutors said Deveau sent or received 193 text messages in the hours before his Chevy Malibu collided with Donald Bowley’s car. Bowley, a father of three, was killed, and his passenger Luz Selena Roman was disabled. “There are no winners today,” Essex District Attorney Jonathan Blodgett said. “A beloved grandfather is dead. A once active woman can no longer work and is still racked with pain from her injuries and a young man is going to jail.” Massachusetts, which has prohibited drivers from sending and reading text messages since 2010, is one of 39 states with such bans. Five more ban young drivers from texting while driving, the Insurance Institute for Highway Safety reports. “It’s a fast-moving piece of highway safety legislation,” institute spokesman Russ Rader said, “because texting while driving is such an obvious risk.” “Maybe this will be the final wake-up call,” said James Lewis of Kyrus Mobile, a Concord company whose device blocks drivers from sending texts and surfing the Web. “Studies show that distracted drivers are 23 times more likely to crash,” he said, “and distracted driving is still eight times worse in terms of reaction times than drunk driving.” Too severe? This this will make one it a of a difference? This is an article, that was posted in another site(not Gaia), in which I got into a debate with people over(I am sure some of them hate me now...) So I want to your thoughts and is this kid a murderer, for taking his eyes off the road for a split second? I say no, it was an accident, one that could have been prevented... but still just an accident. Yes, he should be prosecuted for it, and yes he should face his consequences. But, a murderer..... stare ... please So many said yes, because he chose to text and drive and it is as, if not more, dangerous than drunk driving.
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Posted: Thu Jun 07, 2012 1:20 pm
Oh, and before anyone remotely thinks I make my stand because I too have a cell phone.... I don't, but I fail to see the difference between using it and looked down and changed the radio station? Your eyes are off the road, for a split second, that is all that is needed for something bad to happen. And don't remotly think you don't, turn your gaze to see a beautiful lady jogging, read a street sign, or billboard sign, even glance over at your passanger as you two have a conversation about the weather or something stupid....
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Posted: Thu Jun 07, 2012 5:11 pm
Vehicular homicide is a form of manslaughter. Manslaughter means that you are responsible for someone's death but were not intending to kill the person. It's basically the lowest "degree" of murder. One year of prison and 15 years no driver's license seems pretty reasonable considering that you can go to jail for much longer for a vehicular homicide with drunk driving.
I don't think he's going to be the one that "sets the example" but the sentencing seems fair. Would you please explain why you don't think it's fair? Maybe I'm missing something.
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Posted: Thu Jun 07, 2012 5:25 pm
glitterboypilot Oh, and before anyone remotely thinks I make my stand because I too have a cell phone.... I don't, but I fail to see the difference between using it and looked down and changed the radio station? Your eyes are off the road, for a split second, that is all that is needed for something bad to happen. And don't remotly think you don't, turn your gaze to see a beautiful lady jogging, read a street sign, or billboard sign, even glance over at your passanger as you two have a conversation about the weather or something stupid.... It's really not any different. If a death does result from these distractions, they too end up with a vehicular homicide charges. The difference from what I understand is that the number of crashes for texting and driving is starting to equal similar numbers of crashes caused by drunk driving.
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Posted: Thu Jun 07, 2012 5:47 pm
rmcdra Vehicular homicide is a form of manslaughter. Manslaughter means that you are responsible for someone's death but were not intending to kill the person. It's basically the lowest "degree" of murder. One year of prison and 15 years no driver's license seems pretty reasonable considering that you can go to jail for much longer for a vehicular homicide with drunk driving. I don't think he's going to be the one that "sets the example" but the sentencing seems fair. Would you please explain why you don't think it's fair? Maybe I'm missing something. I never said unfair... Just by definition, Murder: the intentional act of killing someone I don't see what he did as being intentional.... It would be the same as if someone looked back at their children for a split second and didn't see the jay walker who just stepped in front of them. Are they to be called a murderer for the rest of their natural life? To me it seems more like an accidental death, one that could have been prevented.... but still... Maybe it is just me... how I was taught was, murder means to go out plan, grab weapon and track down you target. He didn't do any of those... to me it just seems like bad luck and they are making an example of him. Expecially with publicizing it
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Posted: Thu Jun 07, 2012 7:21 pm
Murder can be performed in a number of ways. To name three types there is unintentional (manslaughter), intentional with reasonable cause (crime of passion, usually), and intentional without reasonable cause.
Manslaughter is unintentional. Point is if the victim dies it is a form of murder and whoever caused it is to blame. The family isn't going to say "Oh, that was an accident, we won't press charges." They're going to be crying at a funeral and they will demand justice.
Murder with reasonable cause is a case where emotions or morals run so high that a person may be excused from committing the crime. For example, say you catch your spouse and someone else together romantically and discover your spouse was cheating on you. Your emotions run so high that you "black out," lose control, and when you come to your senses the "other someone" is dead. Pleading crime of passion or even temporary insanity in some cases can either get you excused or completely off the hook if the judge agrees. This is NOT the case when the person shows up dead one week after the discovery. You had time to cool off and calm down before the encounter and so you should have. Other cases include self defense (the morals mentioned previously; defending self and/or others) as well as someone hurting your family (close friend/relative got raped, you knew who did it, without thinking you killed the criminal).
Murder without reasonable cause is almost never excused. This includes matters of greed, envy, jealousy, etc. These are things we as adults are expected to deal with maturely. While certain things are considered reasonable motive for murder, they are not good enough to get you off the hook. I think one of the only ways it could be excused is if the "victim" happens to be a wanted criminal with a reward stating "dead or alive."
The bottom line is if someone dies and the blame can be placed on an individual or group of individuals, somebody is going to have to take the blame. Whether it is manslaughter or first degree murder, everyone is punished for this in some way. The people who get "off the hook" for pleading temporary insanity or crime of passion will still most likely go through some program or another to help ensure it doesn't happen again.
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Lord Alucard Ere Casanova
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Posted: Thu Jun 07, 2012 7:53 pm
glitterboypilot rmcdra Vehicular homicide is a form of manslaughter. Manslaughter means that you are responsible for someone's death but were not intending to kill the person. It's basically the lowest "degree" of murder. One year of prison and 15 years no driver's license seems pretty reasonable considering that you can go to jail for much longer for a vehicular homicide with drunk driving. I don't think he's going to be the one that "sets the example" but the sentencing seems fair. Would you please explain why you don't think it's fair? Maybe I'm missing something. I never said unfair... Just by definition, Murder: the intentional act of killing someone I don't see what he did as being intentional.... It would be the same as if someone looked back at their children for a split second and didn't see the jay walker who just stepped in front of them. Are they to be called a murderer for the rest of their natural life? To me it seems more like an accidental death, one that could have been prevented.... but still... Maybe it is just me... how I was taught was, murder means to go out plan, grab weapon and track down you target. He didn't do any of those... to me it just seems like bad luck and they are making an example of him. Expecially with publicizing it Vehicular homicideYes it was unintentional. That's why it's classified as manslaugher and not murder. He's still a murderer since his actions were responsible for someone's death but it was not intentional. That's why his sentence was mild, one year in prison and 15 years of no driver's license. My only question regarding the sentence is will it lead to reform so he doesn't do it again, or is this a "civilized" form of vengeance?
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Posted: Sat Jun 09, 2012 7:22 am
I'm confused... is he going to jail for a year or 21 years?
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Posted: Sat Jun 09, 2012 8:01 am
Sunshine Peach-Heart I'm confused... is he going to jail for a year or 21 years? The article says 1 year.
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