Vehicular Manslaughter?

[moburkes]

What are you saying killed the passenger? Had he not run the stop sign, would the passenger be living?

It WAS an accident. It WAS his fault. He ignored the stop sign. Now, he probably didn't understand the repurcussions, and just thought that it was a stupid stop sign. Some lessons are hard to learn, and some mistakes cannot be fixed.

 

[Shay-Pari'e]

I agree with you. It happened and we have to accept it. I was only posting the situation because I have no clue what to expect, nor does my family. I just want to be informed...
I thought this was a forum for free "advice".

It was determined by the investigators that he was not going over 40 mph. The impact of the crash did not kill the passenger.

What killed the passenger?

 

[Sugaliz]

Shay-Pari'e -

You seem to be taking this very personally. And I do believe that the family that is receiving money is my business. Every part of this is my business...it is my brother and my family we are talking about.

I am not trying to "play down" the seriousness. I know the seriousness of the situation. I simply wanted to know if anyone had been in this situation before and if they had any advice. I did not come here to argue with you or anyone else.

If you were driving down a road at an acceptable speed and ran a stop sign because it was covered by trees, you would not consider that an accident? How can it be your fault if you did not know it was there? It was not on purpose, so the only thing it can be is an accident.

Just because he is a 17 year old kid does not mean he ran it on purpose, or was not paying attention, or was speeding, or was under the influence.

 

[Shay-Pari'e]

First of all, I don't buy the whole "Covered by a tree". Had it been proven through the investigation that the sign was covered, the DA would not be charging him with three felonies.

Answer the question about the passenger, how DID they die again?

 

[Sugaliz]

moburkes - he did not ignore the stop sign. It was covered by trees. You have to understand that we live in a very rural area, and that the trimming of trees is not always kept up, especially out in the middle of no where. He was driving on an unfamiliar road and had no idea that there was a stop sign there.

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From what I was told, the impact of the crash did not kill the passenger because the car was not hit hard enough. I am not completely aware of what did kill the passenger. It does not make much sense to me either because it seems as if it would have been caused by the impact.

 

[Silverplum]

I stand by every word I wrote.

Sugaliz, on the other hand, changes her story with each posting.

 

[moburkes]

Why wasn't he driving slower, if he was unfamiliar with the area. 40 MPH is not slow.

 

[Sugaliz]

Silverplum...

What is your deal? I do not change my story, new information is revealed.

I simply came here to get some advice, not to be badgered by the usuals. Don't you have anything else better to do? I feel sorry for people who come to this website looking for legitimate advice but instead get attacked personally, just as I did.

 

[Silverplum]

Further, unless you are lying some more (which I'll bet you are), YOU don't need help. Your brother does. Further, your posting DID change. More than once. I remain unimpressed.

Silverplum...

What is your deal? I do not change my story, new information is revealed.

I simply came here to get some advice, not to be badgered by the usuals. Don't you have anything else better to do? I feel sorry for people who come to this website looking for legitimate advice but instead get attacked personally, just as I did.

 

[Shay-Pari'e]

moburkes - he did not ignore the stop sign. It was covered by trees. You have to understand that we live in a very rural area, and that the trimming of trees is not always kept up, especially out in the middle of no where. He was driving on an unfamiliar road and had no idea that there was a stop sign there.

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From what I was told, the impact of the crash did not kill the passenger because the car was not hit hard enough. I am not completely aware of what did kill the passenger. It does not make much sense to me either because it seems as if it would have been caused by the impact.

Unbelievable! So the passenger just died for the heck of it? He is obviously being charged with killing the passenger, so in other words you just can't keep your facts straight. He hit the car hard enough for he, himself to be seriously injured.

And again! It is NONE of your business how much money that family received.

 

[Sugaliz]

You all need to get a life. I am sure that you are getting off in your pants because you have someone to pick on. I will no longer be a part of your sick games. I will find a message board that has people on it intelligent enough to give me the advice and input that I asked for.

 

[Silverplum]

Why not hire an attorney? Or anther mb.

Either way, BYE!

You all need to get a life. I am sure that you are getting off in your pants because you have someone to pick on. I will no longer be a part of your sick games. I will find a message board that has people on it intelligent enough to give me the advice and input that I asked for.

 

[moburkes]

State - Kansas

My brother, who is 17 years old, was in a car accident in October. He was driving on a dirt road and ran a stop sign, hitting a car. There were no drugs or alcohol involved for either party. The driver of the car, that was hit, was injured and the passenger died.

My parents were recently served with papers and my brother is being charged by the county prosecutors. The charges are 2 counts of felony aggravated battery and 1 count of felony vehicular manslaughter.

I would like to know what we should do, and what we should expect. Will he be charged with all 3 counts or is there a possibility that the charges will be taken down to misdemeanors? Also, if he is charged with a felony will he go to prison? If he is charged with a misdemeanor will he go to jail or just have to pay a fine?

Please help!

As I stated in my very first post, he should get an attorney. We don't know if the charges will be reduced. He is likely facing jail time.

 

[ecmst12]

You all need to get a life. I am sure that you are getting off in your pants because you have someone to pick on. I will no longer be a part of your sick games. I will find a message board that has people on it intelligent enough to give me the advice and input that I asked for.

Regardless of whether such a place exists (which I doubt), you're not going to get any more/better advice then what you got here. Your brother has an attorney and that's the best person to go to for advice.

 

[FlyingRon]

My brother did not "kill" anyone...

He caused their death. If he is convicted of another crime involved, the manslaughter charge rides along.

As far as his accident goes, yes, he did run a stop sign, but it was determined that he did so because he did not know it was there. There were trees covering the sign.

This might mitigate the responsibility.

The truth of the matter was told to you.

Your brother is in deep criminal law trouble. You need a lawyer that specializes in this sort of thing. Your family is going to be in deep financial trouble as well. None of the other issues you bring up changes these fundamental truths.