INJUSTICE: if the state refuses to prosecute the offenders of the law, is there truly justice?
Lets talk about justice and equality for a moment. I don't want to talk about how the US has changed to an entitled society where the rich and famous can literally get away with murder (until they attempt to hide their seized assets from the law)... lets instead focus on the people who need to be represented by the law who can't speak for themselves.
Recently in the news I saw where a former astronaut was charged with DUI and murder due to a DUI accident and I needed to vent a little about the situation because of the lack of prosecution for the responsible parties. Now, I am in no way attempting to vindicate or take blame away from Halsell for his actions because they are indefensible.
Halsell chose to take alcohol and pills and it impaired his driving causing the accident where the two minor girls were killed. This direct action was the cause of the accident and this is why DUI is illegal. The fact that a former astronaut was so irresponsible considering the education and training he has received in life speaks to culpability and thus guilt. This man deserves to be charged and thrown under the bus, so to speak.
http://www.nbcnews.com/news/us-news/ex-astronaut-james-halsell-jr-charged-murder-alabama-n588056
HOWEVER - and this is where I took exception to the state of Alabama and their prosecution team -the one thing I did notice is that there weren't any pending charges, per the article, for the father of the girls!
Who will speak out for the girls?
That is the injustice I want to talk about today. The refusal of the state of Alabama for standing up for the rights of two deceased girls who were minors and under the theoretical supervision of the father as both parent and driver operator of the vehicle they were in. The refusal of the state of Alabama to represent those who cannot represent themselves: THE MINOR VICTIMS
Lets take a look at some key points made in the article. I will quote some parts then segregate the relevant points that should be creating a shit-storm of fury for the public:
Ok, so now lets take out some key points and look at them:
Does anyone see my point here? Perhaps I should add some relevant data:
http://www.dmv.org/al-alabama/safety-laws.php
This is the reason I am totally pissed off and stand incredulous in the face of this event. I have been searching since the accident and I have yet to find where the father is being charged with anything! Not a single charge found by me yet!
THE FATHER IS NOT AN INNOCENT VICTIM IN THIS ACCIDENT
Lets talk about culpability under the law. Considering the father was in direct violation of Alabama state safety law and seat belt law, why isn't he being charged? This is not just the father of the girls saddled with responsibility of their safety but also the licensed driver of the vehicle who's safe operation is considered a serious responsibility. This is not about picking on a poor man either but the simple facts: would those girls have survived the crash if they would have been utilizing the safety equipment supplied by the car manufacturer?
Would those girls have been ejected is likely the easiest question to answer: the likelihood of ejection if you are wearing a seat belt is considerably lower than if you are not. I am not claiming that it is impossible, just that it is very, very improbable. So there is a huge problem and definite responsibility for death against the father can be demonstrated. I will follow up with more below, per Alabama state law.
Now, this doesn't mean in any way that the astronaut should be let off easy. Especially considering this point:
Halsell had an option and was already in the right spot: a motel. He should have slept it off and been responsible. There are no excuses for his actions. If there was a need for movement outside the hotel requiring driving there should have been a hired driver not under the influence. Considering my former life scraping people off the road because of jackasses like this, I say throw the man under the jail and lose the key. The state of Alabama has done the right thing prosecuting this man.
So who will defend the minor girls who were in the car now?
We know the father is not a responsible adult capable of following basic safety precautions.
There is no potential for litigation on the fathers part for the failure of safety equipment because it wasn't used, so the vehicle manufacturer is not responsible.
We know there were no recalls or failure to notice events to blame the manufacturer or seller, dealer or salespeople in this case because, again, the equipment was not even used.
So who will speak out for the deceased minor girls?
There is a definite responsibility for the girls death here that not only lies with the charged DUI Halsell, but also with the father: Driver Pernell Deon James
Why am I so pissed off about this?
lets look at another article:
http://www.tuscaloosanews.com/article/20160606/NEWS/160609828/0/living?p=2&tc=pg
I've searched that paper (and elsewhere) and I can't find any notifications that Pernell James was served with a ticket let alone a summons.
Why not?
At least 50% of the responsibility for the death of those girls lies straight upon the shoulders of the father! This is evident because all the belted passengers in the vehicle survived. The injuries might be serious, but Cutts is stable, so it stands to reason that had the minor girls in the care of the father been belted in they would also be, at the minimum, serious but stable!
This doesn't indicate a fact because even belted minors could get injured or killed in an accident, but considering the logic there is a far, far, far better probability that both girls would have survived but been injured, not killed, had they been utilizing their safety equipment... especially if they were sleeping or unconscious during the crash (this is logically extrapolated from DUI or sleep related accidents studied).
At the very least this is Child endangerment or neglect causing death, but the way I see it this is that this is Negligent Homicide (blatantly spelled out under Alabama state law) or Accessory to Murder.
What is negligent homicide in Alabama?
so what do you need to establish criminal negligence:
The father had the duty by law to insure the safety of his girls, as well as all occupants of the vehicle, so we have that evidence.
The father had a breach of duty when he failed to insure his girls were strapped into seat belts, so we have that evidence too
The father can be argued to be directly the cause for the DEATH because there is a statistical probability considering the crash and the fact that it's other occupants, all belted, survived, albeit with injuries, so we have that evidence.
The fathers failure to belt the children was a direct cause of the death, regardless of the cause of the accident. The accident could have been self caused and likely would have had the same result, so the father is culpable there. This is the only iffy part, but considering the modern safety equipment, the response of medical and other parties, and the simple fact that all belted occupants survived indicates that the statistical probability of the survival of the girls is highly probable if not guaranteed.
The damages part is a given: the girls are dead.
So why isn't the father being charged?
Who will defend those girls?
Don't the GIRLS deserve a voice in this? ... because they sure as hell aren't being represented by the state of Alabama!
Recently in the news I saw where a former astronaut was charged with DUI and murder due to a DUI accident and I needed to vent a little about the situation because of the lack of prosecution for the responsible parties. Now, I am in no way attempting to vindicate or take blame away from Halsell for his actions because they are indefensible.
Halsell chose to take alcohol and pills and it impaired his driving causing the accident where the two minor girls were killed. This direct action was the cause of the accident and this is why DUI is illegal. The fact that a former astronaut was so irresponsible considering the education and training he has received in life speaks to culpability and thus guilt. This man deserves to be charged and thrown under the bus, so to speak.
http://www.nbcnews.com/news/us-news/ex-astronaut-james-halsell-jr-charged-murder-alabama-n588056
HOWEVER - and this is where I took exception to the state of Alabama and their prosecution team -the one thing I did notice is that there weren't any pending charges, per the article, for the father of the girls!
Who will speak out for the girls?
That is the injustice I want to talk about today. The refusal of the state of Alabama for standing up for the rights of two deceased girls who were minors and under the theoretical supervision of the father as both parent and driver operator of the vehicle they were in. The refusal of the state of Alabama to represent those who cannot represent themselves: THE MINOR VICTIMS
Lets take a look at some key points made in the article. I will quote some parts then segregate the relevant points that should be creating a shit-storm of fury for the public:
Troopers said a vehicle driven by Halsell collided about 2:50 a.m. with a Ford Fiesta in which 11-year-old Niomi Deona James and 13-year-old Jayla Latrick Parler were riding. The girls were thrown from the car and died. Neither was wearing a seat belt.
The girls' father, Pernell James, 37, had driven to Texas to pick them up at their mother's home in Houston for a summer-long visit to Alabama, said Dennis Stripling, mayor of the town of Brent.
"It's very tragic, a sad thing that has happened," Stripling said. "They were like 20 minutes from home when this accident happened."
The father was expected to be released from a hospital Tuesday. A woman in his car, Shontel Latriva Cutts, 25, was listed in fair condition.
The crash happened in a remote, wooded area on the edge of Tuscaloosa County with no highway lampposts. A set of swerving skid marks could be seen, along with a patch of blackened pavement and grass on the tree-lined shoulder of the highway.
Ok, so now lets take out some key points and look at them:
The crash happened in a remote, wooded area on the edge of Tuscaloosa County
11-year-old Niomi Deona James and 13-year-old Jayla Latrick Parler were riding
Neither was wearing a seat belt.
Does anyone see my point here? Perhaps I should add some relevant data:
Alabama Seat Belt Laws and Fines
If you are in the front seat of a running vehicle, you must wear a safety belt or risk a fine of up to $25 from the Alabama Department of Public Safety (DPS). If you are seated in the back seat you are NOT required to wear a seat belt unless you are under 15 years old.
http://www.dmv.org/al-alabama/safety-laws.php
This is the reason I am totally pissed off and stand incredulous in the face of this event. I have been searching since the accident and I have yet to find where the father is being charged with anything! Not a single charge found by me yet!
THE FATHER IS NOT AN INNOCENT VICTIM IN THIS ACCIDENT
Lets talk about culpability under the law. Considering the father was in direct violation of Alabama state safety law and seat belt law, why isn't he being charged? This is not just the father of the girls saddled with responsibility of their safety but also the licensed driver of the vehicle who's safe operation is considered a serious responsibility. This is not about picking on a poor man either but the simple facts: would those girls have survived the crash if they would have been utilizing the safety equipment supplied by the car manufacturer?
Would those girls have been ejected is likely the easiest question to answer: the likelihood of ejection if you are wearing a seat belt is considerably lower than if you are not. I am not claiming that it is impossible, just that it is very, very improbable. So there is a huge problem and definite responsibility for death against the father can be demonstrated. I will follow up with more below, per Alabama state law.
Now, this doesn't mean in any way that the astronaut should be let off easy. Especially considering this point:
State police said alcohol and speed may have been factors in the incident. The Tuscaloosa News reported that court documents showed troopers said they found an empty package of sleeping pills and an empty wine bottle in a motel room where Halsell had stayed before the crash.
Halsell had an option and was already in the right spot: a motel. He should have slept it off and been responsible. There are no excuses for his actions. If there was a need for movement outside the hotel requiring driving there should have been a hired driver not under the influence. Considering my former life scraping people off the road because of jackasses like this, I say throw the man under the jail and lose the key. The state of Alabama has done the right thing prosecuting this man.
So who will defend the minor girls who were in the car now?
We know the father is not a responsible adult capable of following basic safety precautions.
There is no potential for litigation on the fathers part for the failure of safety equipment because it wasn't used, so the vehicle manufacturer is not responsible.
We know there were no recalls or failure to notice events to blame the manufacturer or seller, dealer or salespeople in this case because, again, the equipment was not even used.
So who will speak out for the deceased minor girls?
There is a definite responsibility for the girls death here that not only lies with the charged DUI Halsell, but also with the father: Driver Pernell Deon James
Why am I so pissed off about this?
lets look at another article:
Driver Pernell Deon James, 37, and another passenger, Shontel Latriva Cutts, 25, were treated for injuries at DCH Regional Medical Center.
James was released Tuesday and Cutts was in fair condition, according to a DCH spokesman.
http://www.tuscaloosanews.com/article/20160606/NEWS/160609828/0/living?p=2&tc=pg
I've searched that paper (and elsewhere) and I can't find any notifications that Pernell James was served with a ticket let alone a summons.
Why not?
At least 50% of the responsibility for the death of those girls lies straight upon the shoulders of the father! This is evident because all the belted passengers in the vehicle survived. The injuries might be serious, but Cutts is stable, so it stands to reason that had the minor girls in the care of the father been belted in they would also be, at the minimum, serious but stable!
This doesn't indicate a fact because even belted minors could get injured or killed in an accident, but considering the logic there is a far, far, far better probability that both girls would have survived but been injured, not killed, had they been utilizing their safety equipment... especially if they were sleeping or unconscious during the crash (this is logically extrapolated from DUI or sleep related accidents studied).
At the very least this is Child endangerment or neglect causing death, but the way I see it this is that this is Negligent Homicide (blatantly spelled out under Alabama state law) or Accessory to Murder.
What is negligent homicide in Alabama?
Section 13A-6-4 - Criminally negligent homicide.
(a) A person commits the crime of criminally negligent homicide if he or she causes the death of another person by criminal negligence.
(b) The jury may consider statutes and ordinances regulating the actor's conduct in determining whether the actor is culpably negligent under subsection (a).
(c) Criminally negligent homicide is a Class A misdemeanor, except in cases in which the criminally negligent homicide is caused by the driver or operator of a vehicle or vessel who is driving or operating the vehicle or vessel in violation of Section 32-5A-191 or 32-5A-191.3; in these cases, criminally negligent homicide is a Class C felony.
(Acts 1977, No. 607, p. 812, §2015; Acts 1979, No. 79-664, p. 1163, §1; Acts 1988, 1st Sp. Sess., No. 88-916, p. 510, §1; Act 2014-427, §1.)
so what do you need to establish criminal negligence:
there are several elements of a negligence case you must prove in order for the claim to be successful:http://statelaws.findlaw.com/alabama-law/alabama-negligence-laws.html
Duty: the other party owed you a duty of care;
Breach of Duty: the other party failed to meet that duty;
Cause in Fact: but for the other party’s failure, you would not have been injured;
Proximate Cause: the other party’s failure (and not something else) caused your injury; and
Damages: you have actually been injured and suffered some loss.
The father had the duty by law to insure the safety of his girls, as well as all occupants of the vehicle, so we have that evidence.
The father had a breach of duty when he failed to insure his girls were strapped into seat belts, so we have that evidence too
The father can be argued to be directly the cause for the DEATH because there is a statistical probability considering the crash and the fact that it's other occupants, all belted, survived, albeit with injuries, so we have that evidence.
The fathers failure to belt the children was a direct cause of the death, regardless of the cause of the accident. The accident could have been self caused and likely would have had the same result, so the father is culpable there. This is the only iffy part, but considering the modern safety equipment, the response of medical and other parties, and the simple fact that all belted occupants survived indicates that the statistical probability of the survival of the girls is highly probable if not guaranteed.
The damages part is a given: the girls are dead.
So why isn't the father being charged?
Who will defend those girls?
Don't the GIRLS deserve a voice in this? ... because they sure as hell aren't being represented by the state of Alabama!
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