Jan. 4, 2009
DWI Deaths: Is It Murder?
Bob Simon On One Prosecutor's Efforts To Increase Penalties For Drunk Drivers Who Kill
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The Case For Murder
A growing number of U.S. prosecutors are pursuing harsher penalties for drunk drivers, including long prison terms for those who caused fatalities. Bob Simon reports.
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Kathleen Rice, district attorney of Nassau County, NY. (CBS)
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Some prosecutors have started taking a different approach to the problem, getting so tough on drunk drivers who kill people that the penalties they exact were unheard of in the past.
As correspondent Bob Simon reports, one of these pioneers is Kathleen Rice, district attorney of Nassau County, New York. She believes that if you want to stop drunk driving, you have to treat it as a serious crime with serious jail time. Our story begins, however, not in a courtroom but at a wedding in Nassau County - a wedding and the tragic loss of a 7-year-old girl.
Her name was Katie. She and her little sister - the Flynn girls - were flower girls at their aunt's wedding on July 1, 2005. It was a glorious day for the Flynn family, including Katie's parents Jennifer and Neil.
"It was a great day. It was a beautiful wedding. It was a fun time all day long and it couldn't have turned out worse," Neil remembers.
The family had hired a limo to take them home from the wedding so they could dance and party with no worries. But as they were being driven home on a parkway on Long Island, a pickup truck came barreling straight at them in the wrong direction. Chris and Denise Tangney, Katie's grandparents, saw the truck coming from the back of the limo.
"I saw this light come towards me. And I had to think for a second of what that was, 'cause that, it was just out of place," Denise remembers. "I watched this single light come toward me and all of a sudden it went from a single light to a double light. It happened so quickly I remember saying, 'Oh my God, we're gonna get hit.'"
They got hit with incredible force. Both cars were totally destroyed, but that was the least of it. Stanley Rabinowitz, the limo driver, was killed instantly. The limousine was so mangled that members of the Flynn family had to be cut out of the wreckage. Virtually everyone suffered severe, life-threatening injuries, and then there was Katie.
"The first thing I heard was my wife screaming, 'Neil, Katie’s dead,'" Katie father's Neil remembers. "And I kept saying, 'No she can't be dead. She's just gotta be hurt real bad.' But I didn't know what Jen was looking at, what Jen saw."
"I reached for Kate and she was on the floor. And all that was left of Kate Marie was her head, that I was able to take," she remembers.
Martin Heidgen, a 24-year-old insurance salesman, was driving the pickup truck. He suffered minor injuries. He had a blood alcohol content over three times the legal limit. On the night of the Flynns' wedding, Heidgen was drinking at a friend's party in a house on Long Island. His friends told him not to drive. He did anyway, driving for about three miles the wrong way on the parkway before slamming into the Flynns' limousine and tearing their lives apart.
"The sadness and despair that is with me every day, I can't even put into words," Jennifer says.
"I relive the crash. I think about it every day. I have nightmares about it every night. And I live my life without my daughter because of it," Neil adds.
Produced by Catherine Olian
© MMIX, CBS Interactive Inc. All Rights Reserved.
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See all 550 CommentsYes it is.......
Clear and simple.
Drunkenness and irresponsibility is no excuse. Hopefully there will be other prosecutors throughout the country that follow this lead.
Posted by Raymo853 at 07:19 PM : Jan 04, 2009
Because to drive intoxicated is worse than wreckless. A drunk will never figure out that he/she is on the wrong side of the road. The driver that kills while sober but by accident may have had a momentary distraction (a Hornet stinging one in the face can certainly cause one to drive ''wrecklessly'')
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Posted by Raymo853 at 07:19 PM : Jan 04, 2009
In my hometown, a drunk individual (with repeat reckless driving and a revoked license) killed two young men on an angry rampage. This loaded gun is in prison now and charged with two murders, justice that is bitter for the grieving parents.
Is this kind of justice just for the rich? Why not make a federal law that states that if you cause the death of another threw any kind of drunk driving, cell phone use or any other deliberate distractions that you should spend the rest of your life in prison?
Drunk drivers are the worst and should be punished as so.
Posted by Speakinup21 at 07:29 PM : Jan 04, 2009
Both Dems and Repubs get drunk the same way, stay drunk for the same reasons and drive drunk because neither one has a lick of sense when they are drunk (on the job or off it). (most of both sides come to work drunk or get that way on the job)
I lost my son Jan. 17, 2006, one month before his 21st birthday, Philip was a passanger, riding with a freind who had been drinking, they were hit head on, on the passagners side of the car and in a split second I lost my only child, I lost my life when he died that night. I live in Baker County Florida and although the driver was not charged with muder but v. homicide he was sentenced to 10 years to be served on top on the 5 years for violation of his probation. The thing that really gets me is the driver had 2 dui accidents with bodliy injuries before. This driver knew without a dought what will happen while driving drunk. These deadly accidents should be charged with murder due to it being just that MURDER. THANK YOU, I hope this nation wakes up and will begin to see these deaths for what they are: MURDER!!!
Cheryl Johns
Karen G., Tampa
No one wants to tackle the problem. It is easier to bash Bush, and everyone else than to face the problem.
Surprises me no one has blamed Bush for this also, wait, I hear the Fat Lady Singing, oh yes, Bush did it!!!!:):)
Posted by connie9713 at 07:34 PM : Jan 04, 2009
Well said and absolutely true!!!!
The reason why it is so-called drunk drivers is that the standard is no longer that the "driver" is "drunk", but that anyone involved in the accident has had any alcohol. Again, this means ANY alcohol, whether it is .01 BAC or .20 BAC. This is called "alcohol related".
In reality, only around 700 deaths a year are caused by "drunk" drivers where alcohol is the PRIMARY cause.
Is that enough to deprive tens of millions of Americans of a pleasure and a right?
And the real knee in the curve is at .15 BAC, not .08. No one is drunk at .08 BAC.
Ms. Rice and those of her kind are power mad liars. Ms. Rice has gross and depraved indifference to freedom.
On the other hand, I agree that nobody should drive drunk, and that it''s totally irresponsible, but before considering such a tough law, care should be taken on the possible ways that driving drunk could have not been prevented.
Another issue is that when someone is drunk, his/her abilities, including the one to judge as doing something against the law, are diminished, in other words, the drunk driver is in a temporary mentally challenged state, and we all know how mentally challenged people many times are not prosecuted. Please, correct me if I''m wrong, since I''m not an expert on these issues.
The reason why it is so-called drunk drivers is that the standard is no longer that the "driver" is "drunk", but that anyone involved in the accident has had any alcohol. Again, this means ANY alcohol, whether it is .01 BAC or .20 BAC. This is called "alcohol related". So if a drunk pedestrian falls off a sidewalk into traffic, viola, the "drunk driving" statistics get incremented.
In reality, only around 700 deaths a year are caused by "drunk" drivers where alcohol is the PRIMARY cause.
Is that enough to deprive tens of millions of Americans of a pleasure and a right?
And the real knee in the curve is at .15 BAC, not .08. No one is drunk at .08 BAC.
Ms. Rice and those of her kind are power mad liars. Ms. Rice has gross and depraved indifference to freedom. I feel bad for the people that are killed, but decisions should be made rationally, not based on emotion and revenge.
Many valet attendants hand a started car over to very intoxicated people who probably never intended to get drunk. Greed...? Nobody gets a name to become a politician from something that may cost a little more money? Ban parking lots at Nightclubs and Bars that server alcohol- All valets- need to do a breathalizer... period---- party holders don''t ask a drunk not to drive- take the key or call the police?
Alcohol is legal and encouraged by commercials- the industry has to address the problem or it will dry up with a political solution, and I will be left drinking my homebrew at home - Hey - I do that already.
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Posted by notmadd at 07:41 PM
Are you saying it''s a pleasure and a right to drink and drive?
"What are CDC%u2019s research and program activities in this area?
Actions to decrease alcohol-related fatal crashes involving young drivers have been effective
Over the past 20 years, alcohol-related fatal crash rates have decreased by 60 percent for drivers ages 16 to 17 years and 55 percent for drivers ages 18 to 20 years, according to a study from the Centers for Disease Control and Prevention (CDC). However, this progress has stalled in the past few years. To further decrease alcohol-related fatal crashes among young drivers, communities need to implement and enforce strategies that are known to be effective, such as minimum legal drinking age laws and "zero tolerance" laws for drivers under 21 years of age."
NO MORE HERD MENTALITY.
People demand harsh rules, people advocate for anti-DUI blah blah blah, then they go out and get arrested for...a DUI.
I would ask these people demanding blood how they would feel about their 19 yo 4.00 GPA, volunteering for soup kitchens son or daughter if they should make ONE LOUSY MISTAKE and kill someone under the influence of alcohol, and have their potential be shutdown for the rest of their life. A mistake as bad as this, does not turn two wrongs into a right by locking them up and throwing away the key.
This is what some of you are demanding. Compassion and forgiveness heals; mob mentality that took just as much enjoyment at seeing black folk hanged does not.
Kathleen Rice fired many long term ecxcellent ADAs and placed her family in many high paying positions.
When she was running for office, she had no agenda, yet asked for my support simply because we are both female Touro Alumni. I guess it was fortuitous that the accident happened on the Meadowbrook Parkway so that she had a reason to promote herself on national television.
Her predecessor was equally, if not more so, proactive against driving while intoxicated. As is the ADA in Suffolk County and the ADAs in almost every county in the state. doubt that there many, if any, citizens in Nassau County, or anywhere else, who support it.
And as for the legislation promoted in the 60 minutes piece, it was the Flynn family who was most instrumental in having legislation enacted making vehicular homocide a crime in NY.
DWI, driving under the influence of drugs, just as boating, driving a train, piloting an aircraft, and engaging in many other activities while intoxicated or under the influence of drugs, can have serious consequences for society. But this self serving narcissist''s solution of throwing everyone in jail for life isn''t the solution.
Ms. Rice, heaven help us if the citizens of Nassau County elect you for another term.
Breathylizer and/or alcohol detectors in ALL vehicles.
All new vehicles installed by manufacturer,
Existing retro fitted prior to tag renewal.
24 months +/- to complete
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