Legal question from General

[scalvert]

http://www.bayarearidersforum.com/forums/showthread.php?p=3742541#post3742541

Opinions on mine and Razel's comments? I don't know the law to know if what he's saying is really accurate, I just know it NEVER works that way.

[Razel]

Where I got it from:
http://law.onecle.com/california/penal/192.html

[scalvert]

Hmm, interesting, the code section does seem to make a moving violation resulting in death suitable for a manslaughter charge via condition 2. Any thoughts from the assembled LEO's on why this is simply never done?

[Razel]

It happened with Gary Kunich, who was killed by Nicole Moore out on Vasco road something like 5 years ago. That's what she was cited for, (192PC) as she was driving along the shoulder of the road to get around stopped traffic. Gary had moved over to the right of the lane as it was foggy and the road was backed up due to the lanes going from two each way to one each way. Nichole ran him over.

So, not necessarily "never".

She did get 60 days in county jail, 30 suspended, and was allowed to take the time on weekends so she could continue to work and support her single-parent child. She also was to pay Gary's wife some restitution for the financial loss as Gary was the sole source of income.

According to the judge, nothing further would be gained by imposing a harsher sentence, as he firmly believed she would never do it again.

[mud]

Proof. People are charged with vehicular manslaughter, but the DA would have to prove that whatever the defendant did fits the description set forth in PC 192(c)(2). Depending on the facts of the case, proving vehicular manslaughter may or may not be straight-forward.

Hmm, interesting, the code section does seem to make a moving violation resulting in death suitable for a manslaughter charge via condition 2. Any thoughts from the assembled LEO's on why this is simply never done?

[masameet]

I gave a call to the Alameda Co. D.A.'s office, and supposedly no case is currently pending against the SUV driver. It could be that the OPD has not yet completed its investigation. Someone else can make that follow-up call. PM me for the report number.

Still does anybody know, in the absence of criminal charges, whether the military punishes active duty personnel for causing vehicular deaths?

[afm199]

I gave a call to the Alameda Co. D.A.'s office, and supposedly no case is currently pending against the SUV driver. It could be that the OPD has not yet completed its investigation. Someone else can make that follow-up call. PM me for the report number.

Still does anybody know, in the absence of criminal charges, whether the military punishes active duty personnel for causing vehicular deaths?



If it happens on base, yes. If it happens off base, it is civilian.