DWI Deaths: Is It Murder?

Rice says she is pushing for tough sentences because nothing else is working. In spite of sobriety checkpoints, a recent study by the federal government showed that 15 percent of adult drivers actually admitted to driving under the influence at least once in the past year.

And when it comes to recent high school graduates, a study from Duke University says that ten percent of them admitted to drinking and driving within two weeks of being questioned.

"Do you think that charging someone who's driving drunk and kills someone with murder is a deterrent?" Simon asks.

"Anything that makes someone think before they make the bad decision to drink and get behind the wheel of the car, that's gonna be a deterrent," Rice argues.

Rice says people drink and drive because they're not afraid of the law, that they think they can get away with it. And until recently, the penalties were not all that severe, even when fatalities were involved. It's been less than a decade since some maverick prosecutors have pushed for serious prison time. Even today, the sentences vary wildly from state to state, from probation to life in prison.

Right in Nassau County, Police Officer Danielle Baymack was drunk when she went driving with a friend. She crashed her car. Her friend, Marlene Rivera, a fellow police officer, was killed. Baymack plea-bargained with the judge, bypassing Kathleen Rice altogether. She got just one year.

In Los Angeles, actor Lane Garrison, one of the stars of the TV show "Prison Break," took three teenagers for a drunken ride in Beverly Hills. He smashed into a tree, killing 17-year-old Vahagn Setian and injuring two high school girls. His case went to trial.

Garrison served 18 months in prison. The prosecutor was angry that Garrison didn't get more time.

Katie Flynn's family is angry about all the light sentences being handed out. Her grandfather Chris Tangney, who was in the car that night, almost died in the crash. "They asked me if I would like last rites and the priest, that priest gave me last rites, and ironically, six months later, he was killed by a drunk driver in the Hamptons walking on the sidewalk. A woman, 44 years old. She mowed down this priest. I mean, they're killing us."

The priest was Monsignor William Costello. Karen Fisher, a repeat offender, was charged with manslaughter and is serving four to 12 years in prison.

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[fightforit1984]

Is it true that Kathleen Rice has been escorted home on more then one action by the town of old brookvill police because she was drinking and driving and well over the limit? and if so did she get in trouble for it?

[dtrains]

In addition, anyone that kills someone by running a red light at 50+mph to get somewhere 1 minute faster, text messaging while driving, or excessively speeding should be tried for murder.

Few people realize that a minority of traffic fatalities are caused by drunk driving. I agree that there is no excuse for drunk driving and it should be punished severely. I just think that there is mentalitly that if a traffic fatality does not involve alcohol, it was just a terrible "accident". They are no better or worse than DUI fatalities in my opinion.

[cototita]

My son, a senior in high school dream was to play college football, serve his country and became a military man... About a year ago he was struck by Drunk Driver who was fleeing the scene of another crime about 70 mph, leaving my son severely injured and handicap for the rest of his life, the Drunk Driver had a choice, my son didn't and his dreams fade away.It is been a year of physical and emotional agony, the Drunk Drivers has not pay any penalty so far, I wish we have a Kathleen Rice in Westchester County to.

[arleaning]

All the banter over the years about tough talk and tough laws. Perhaps what should be looked into is Japan's "Social Responsibility" Laws regarding alcohol and motor vehicles. Everyone needs to get involved and take a stand. The life spared may be someone you love.

[blondelady]

Oh Yes it is Murder!!! These individuals choose to drink and drive, knowing the consequences...they made a choice to be irresponsible ...if they kill under the influence...they should be charged with murder. It was no accident, they drank on purpose...
All states should put laws to the Legislature making tough sentences for murder under the influence. Linda ...In Texas...where we are #1 in DWI deaths...something to be really proud of....sad but true....

[chrishazzoo]

No one should operate a vehicle (boats included) after drinking too much. They should also be punished if they take a life as a result of their drinking and driving. However, I would be pissed off if the penalties in these cases are greater than the penalties given to people who intentionally kill another person. Also, penalizing a first time offender as harsh as a person with a DUI history wouldn't seem appropriate. The level of intoxication should also be a factor. I have heard of ambitious prosecuters attempting to severely punish drivers who have been at .079, just below the limit. That would mean anyone who had 1 drink at dinner and was involved in an accident could be penalized severely when more than likely the drink didn't cause the accident. Lastly, what about people who drive when they have had little to no sleep in 30 hours? Stats show they are just as bad or worse at driving than those intoxicated. Intent is huge in my book when it comes to punishing someone...someone who has been in trouble time and time again for driving while intoxicated starts to form intent when getting behind the wheel. They KNOW since they have been in trouble that they could kill someone, but yet they still do it. This issue is huge and cannot be addressed simply by throwing these people in jail for life with hardened criminals, child rapists, child killers etc.

[emald]

Imo, people who make a habit of DUI may have a false sense of confidence, i.e., if they've avoided accidents before, they assume they can avoid them again and again. I think that's also true of drivers who are sleepy, use cell phones, or text messages. It's risky, but there's a difference between false confidence and depraved indifference.

[chrishazzoo]

What is the difference between false confidence and depraved indifference? The guy who killed Angels pitcher Adenhart, I am assuming he would fall under depraved indifference. He had many warnings, and was even warned by his partner of the day not to drive. He didn't leave the bar thinking "I am going to run in to a car full of passengers and leave them dead, instead he left the bar thinking "i just hope I can get home without the cops pulling me over" or, he was so blasted he thought "I am just fine to drive, I feel just fine".So many warnings and the kid would not take preventative measures. He didn't even ponder the though that he may kill someone. His sentence should be harsh. Yes he made a mistake, but he had many serious warning demanding he change his behaviour. He chose to keep drinking, then driving. He needs years in prison to think through this one.

[mahdui]

When someone chooses to drink they need to choose NOT to drive. It's a choice that is made and a bad one if they choose to drink and drive. It's no different than buying a gun and shooting it in the air and having the bullet fall to the earth and kill someone. It's Russian Roulette with an automobile. As much as we hear about DUI, everyone who drives should know that drinking and driving kills. If they choose to drink and drive then they know they will go to jail for the rest of their lives if they kill someone, then just maybe it will deter the crime. I applaud Kathleen Rice. I am so angry that there are repeat, chronic, habitual drunk drivers that time and time again get arrested for it and get off with a slap on the hand that I could just scream. Look into the eyes of a mother who has lost her child due to someone's irresponsible actions, feelings of entitlement, and feelings of invincibility to drink and drive and tell me they shouldn't be prosecuted. I say put them under the jail and make it safer for the rest of us on the roads.

[gilio76]

Besides being Albany Family Court Judge, Maney has also been acting Supreme Court Justice since 1991, Judge of Family Treatment Court since 2002 and Judge of Juvenile Drug Court since 2006.

Maney was the focus of national attention in 2000 when Jill and Michael Carroll of Berne took their son off of Ritalin and were charged with neglect. The Carroll's had become concerned about the side effects of the drug prescribed for their son who had ADHD. Judge Maney sided with Child Protective Services, without hold a fact finding hearing according to the New York State law journal.

A September 29, 2006 Times-Union article claimed that Judge Maney had seen 23 men and women successfully complete drug and alcohol treatment in his court.

In 2001, the Third Division of the New York State Appellate Court overturned a ruling of Judge Maney's that had terminated a father's visiting rights. According to the New York Law Journal, the court ruled that Maney had expressed hostility toward the father and his attorney and thwarted the father's efforts to visit his son. The case was then turned over to a different judge.

There are currently no plans to remove Judge Gerard E. Maney from the bench while he awaits the outcome of the charges against him.

Where is the justice for our tax payers DWI is a felony

[The_Christian_Prophet]

This case, however tragic, and the prosecuter Kathleen Rice, only serve to illustrate the bankruptcy of our nation's criminal justice system. Not that the system was ever perfect, but where were the 'Judge' and jury during this fiasco - were they too asleep at the wheel of justice?

This case is hardly unique, but this arbitrary sentence is. This case is a moral outrage. One can only fear for a country who's people are blind to such madness.

To compare an automobile fatality, whether the result of driver fatigue, a mother looking over the back of her shoulder at her children while driving, or a driver playing with the radio, a cell-phone, a text-message, a computer, or as in this case the decision made by a young man to drive after he was too impaired to make rational decision can only be compared to murder in the land of Oz.

[billb3672]

I live in Arizona and as a former police officer I wish we had a Prosecutor like Kathleen Rice! With her and Sheriff Joe Arpio working together in our county we would have less issues with Drunk Drivers. I am sure the ovrall crime rate would drop even more.
Kathleen- Thanks for standing up for the victims of these drunks that seem to stay in the system and are only slapped on the wrist when arrested for DUI and when they kill someone they get off with probation.
Keep up the good work and hopefully we will se you in Arizona