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(Sun Sentinel)   Driving recklessly at 100mph, crashing into a Mitsubishi Galant, killing one woman, injuring another, and sending a child through a windshield? You better believe that's a prison sentence--wait, you're a state trooper? Charges dismissed   (sun-sentinel.com) divider line 298
    More: Florida, Mitsubishi Galant, Mitsubishi, prison sentences, two-lane road, Scott McClellan, windshields, John Jay College, county road  
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19142 clicks; posted to Main » on 17 Feb 2013 at 12:00 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-02-17 01:03:04 PM

Zarquon's Flat Tire: Speeding cop almost took out my sister in '99 or so.  He ran a red light from the left turn lane doing 65, nailed my car right in driver's side tire.


So uh, you got a flat tire?
 
2013-02-17 01:03:12 PM

ZAZ: We handle it differently in Massachusetts. When city cops tried to press drunk driving charges against a state trooper the magistrate made the case go away. No need to be conveniently absent. Just let the court do its thing. "Continued without a finding" is the standard disposition when public employees get in trouble. That's called "diversion" in some states. Basically it means don't get caught in the next year and it's like you were never in trouble. No disqualifying conviction on your record, no loss of pension for official misconduct.

But when his case came up in court, the trooper who issued the citations wasn't there. Another trooper in attendance said that though he couldn't represent the agency, he would not object to dismissing the tickets, and the judge did just that.

The Romans, and they who shall not be named, had a way to deal with this: collective punishment. Fire 10% of the officers in each of the involved forces.


My grandfather had the same sort of punishment, except that he lined all up and shot every tenth one....

/always wondered where grandpa got that idea
//then he said, we'll meet again next week same place, and time
 
2013-02-17 01:06:39 PM

Mrtraveler01: I was upset with this story until I read this:


FHP Cpl. C. Brooks Yarborough investigated the crash and found McClellan responsible. Prosecutors declined to file criminal charges, determining that the trooper's driving did not rise to the level of vehicular homicide.

"He responded to [the call] rapidly because that's a dangerous thing, rocks hitting cars," Willie Meggs, state attorney for the circuit that includes Gadsden County, told the Sun Sentinel. "We made the conclusion that there was a life lost, but he was trying to save a life."

Then I just got really pissed.

Give me a farking break. Unless they're throwing boulders off the overpass, that is no justification for going 102 mph without even putting your lights and siren on!




Yeah but someone might have been killed with those rocks.
 
2013-02-17 01:08:04 PM
He probably figured it was OK since Miami PD does it.
https://www.youtube.com/watch?v=lFwhw6BRHDo


For some reason, I find the cadence/tone of her voice funny.
 
2013-02-17 01:08:44 PM
When justice fails, what mil_tia is there to enforce the laws?
None, because they are missing an i.
(I'm not going to do anything about it.)

/Was there a husband?

pxlboy: Kiwimann: I can't believe there are people in this thread defending the officer.
What he did was criminally negligent.  He deserves some amount of jail time (and the cops covering up for him deserve a LOT of jail time).
Except that nothing will change and we all know that. Short of an American "Bastille Day" or some equivalent large-scale rioting, nothing short of the bankers, cops, politicians, etc swinging from overpasses and lamp posts would change anything.

-=-
etc... The Koch Brothers, Sorros, Rupert Murdock and associations, the main figures of last two administrations and Congress who passed and upheld the atrocities of The Patriot Act, Karl Rove and party, controlling stock holders of GE, Exxon, AIG, Goldman and Sachs,....

You mean those etc's?
You know they are recording this, right? (They are looking for the i's.)
 
2013-02-17 01:09:05 PM

Farkage: KStDrew: AcneVulgaris: The My Little Pony Killer: liam76: The My Little Pony Killer: A baby that is properly restrained does not get "sent through the windshield" fyi.

She was 12.

My point stands.  A properly restrained ANYTHING doesn't go flying out the car.

Depends on how hard the car gets hit.  Hit it hard enough and EVERYTHING goes flying out of the car.

Didn't read TFA but if the collision was head on, and given the patrol car was doing 100 mph and the Mitsubishi 55 mph, it's like hitting a concrete wall at 155 mph. At that speed, you'll fly out out of the car together with your seat and seat belt.

/ got rear ended at 50 mph. My seat came loose...

Physics fail.  The speeds aren't additive.  2 cars colliding at 50mph each head on is the same as hitting a brick wall at 50mph.
Either way, I don't want to hit anything at speed...


Ignoring the previous posters improper relation of speed to force, you aren't entirely correct either. The mass of each vehicle could make quite the difference in impact force.
 
2013-02-17 01:09:16 PM
What a 100 mph crash might look like....

http://youtu.be/XFkn37BDvTw?t=1m10s


Yeah, this cop should not go to jail or get tickets; he should farking fry! His pension/401K should go to the family of the woman he killed and the child.
 
2013-02-17 01:09:53 PM

Fark Rye For Many Whores: Zarquon's Flat Tire: Speeding cop almost took out my sister in '99 or so.  He ran a red light from the left turn lane doing 65, nailed my car right in driver's side tire.

So uh, you got a flat tire?


Nice one, but even though the steel belts inside the tire popped, the tire didn't rupture.  It did strip every tooth off of the power steering gear.  Bastard killed my car.
 
2013-02-17 01:10:27 PM
same thing applied to all lawyers, BTW.
 
2013-02-17 01:10:44 PM

Popcorn Johnny: Police officers drive at high rates of speed as a part of their job, unfortunately that means that you're always going to have accidents, some fatal, because of the job they're doing.


Eh, if you're going to tack back to reality I'll bite: This I can agree with, but that's not what happened here.
 
2013-02-17 01:12:29 PM

StoPPeRmobile: Yeah but someone might have been killed with those rocks.


Exactly
 
2013-02-17 01:13:06 PM

ucfknightryan: As part of their job they need to put their damn lights on when driving at high rates of speed.  As far as I'm concerned failure to do so should be regarded as criminally negligent.  Also, if the officer in question is too stupid to figure out that there is no way he's going to make a corner with an advised speed of 35mph at 100mph he's too fricking stupid to have a job that can involve operating a car at a high rate of speed.


With this I agree. I don't understand why the prosecutor wouldn't accept charges of vehicular homicide in this case. His driving behavior was clearly a willful and wanton disregard for the safety of others, and he caused a death. The investigating trooper was left with the ability to only file a few misdemeanor charges.

At least the agency is taking the proper actions. The trooper that caused the wreck was fired, the troop commander was fired, and it looks like the sergeant that failed to send a replacement to court will be demoted.
 
2013-02-17 01:13:27 PM

stappawho: zabadu: liam76: The My Little Pony Killer: liam76: The My Little Pony Killer: A baby that is properly restrained does not get "sent through the windshield" fyi.

She was 12.

My point stands.  A properly restrained ANYTHING doesn't go flying out the car.

Seat belts aren't really designed for your average 12 yr old. There is a chance she was wearing one, regardless of her wearing one he still killed the driver and deserves to go to jail.

Oh please. Not designed for an average 12 year old.  Poor argument.

Cop is at fault for accident.  Parents at fault for unrestrained kid.

People just can't comprehend that point.


Do we know for a fact that she wasn't wearing a seat-belt? We're just making that guess regardless of the fact the police car hit the other car HEAD ON AT 102 MPH!!!
 
2013-02-17 01:14:08 PM

clane: and yall keep voting Democrat...


Congradulations to Judge Kathy Garner
[bloximages.newyork1.vip.townnews.com image 570x760]


"congratulations" to you as well on cashing in those AOL hours, hillbilly.
 
2013-02-17 01:16:01 PM

TheHappyCanadian: clane: and yall keep voting Democrat...


Congradulations to Judge Kathy Garner
[bloximages.newyork1.vip.townnews.com image 570x760]

"congratulations" to you as well on cashing in those AOL hours, hillbilly.


Those of use for whom English is our first language know that the first letter of each sentence should be capitalized.
 
2013-02-17 01:18:05 PM

untaken_name: TheHappyCanadian: clane: and yall keep voting Democrat...


Congradulations to Judge Kathy Garner
[bloximages.newyork1.vip.townnews.com image 570x760]

"congratulations" to you as well on cashing in those AOL hours, hillbilly.

Those of use for whom English is our first language know that the first letter of each sentence should be capitalized.


Congradulations.
 
2013-02-17 01:18:41 PM

Popcorn Johnny: Farkage: He killed somebody you assh*le.  This isn't "getting tickets dismissed".

Great, I'm dealing with a name caller.

This was about some traffic citations, not the person who was killed. There was an investigation and no charges were filed. The officer was doing his farking job and there was a tragic accident and he fact that somebody died is irreverent to these tickets being dismissed.

Continue your immature rant against cops now.


Yes, he was doing his job, but in such a wantonly reckless fashion that he killed people.
There is no practical difference between this and cops kicking in the door of the wrong house and shooting the occupant because the suspect was described as armed and dangerous.
 
2013-02-17 01:19:11 PM

Fark Rye For Many Whores: This I can agree with, but that's not what happened here.


That's exactly what happened here, the officer was driving at a high rate of speed responding to a call of a potentially fatal crime in progress. He was terminated for not following proper procedure, but wasn't found negligent in the death of the woman.
 
2013-02-17 01:19:19 PM

jeffowl: jeffowl:

Unfortunately in many states (can't speak for Florida) damages in lawsuits against the state are statutorily limited, in some cases to as little as one million.  The idea being that the taxpayers weren't at fault.  And I don't think a suit against the trooper personally would be allowed to proceed.

Oh, and when they say the commander was fired, they usually mean transferred to another law enforcement organization after an appropriate cooling off period.

It is actually worse than I thought in Florida...  Title XLV chapter 768.28
"Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000. However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $200,000 or $300,000, as the case may be; and that portion of the judgment that exceeds these amounts may be reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature. "

So liability is limited to $200k per person or $300K per incident unless the legislature grows a conscience and decides to pay the extra.


In more than a few jurisdictions, blanket immunity takes politicians, cops, city workers, etc. off the hook for any all liability.  So, at least Florida is doing a teensy bit better.
 
2013-02-17 01:19:41 PM
The Galant was clearly at fault for obstruction of justice for impeding an officer of the law.  If she hadn't died, I'm sure the cops would have arrested her after a nice tasering.
 
2013-02-17 01:19:50 PM

p51d007: I've been a law & order person all my life, worked as a dispatcher off & on for almost 20 years.
THIS kind of crap ticks me off.  I see officers doing stuff like this all the time & you just want to
slap em up side the head.


Have you reported their behavior? No?  Then you're the problem.  You are equally complicit.  Any officer who allows any fellow officer to get away with committing crimes is an accomplice.The thin blue line, that implicit acknowledgement that you'll cover for your fellow officers so that they do get in trouble is why things like this happen.
 
2013-02-17 01:19:59 PM

Koodz: Mrtraveler01: Koodz: I think firing him is just about enough in this case.

A lot of murderers have that same sentiment.

Killing people while driving fast or firing weapons is an occupational risk food have that you don't. Oversimplifying this as "murder" is just incorrect.


It is when it's caused by the driver being incredibly negligent.
 
2013-02-17 01:23:17 PM

TheHappyCanadian: untaken_name: TheHappyCanadian: clane: and yall keep voting Democrat...


Congradulations to Judge Kathy Garner
[bloximages.newyork1.vip.townnews.com image 570x760]

"congratulations" to you as well on cashing in those AOL hours, hillbilly.

Those of use for whom English is our first language know that the first letter of each sentence should be capitalized.

Congradulations. Confabulations.


/sorry
/pet peave
 
2013-02-17 01:23:48 PM
Any properly trained police officer will have taken driving classes that result in their being safer than 98% of the other drivers on the road. I really doubt that was the case here.
 
2013-02-17 01:24:23 PM

The My Little Pony Killer: liam76: The My Little Pony Killer: A baby that is properly restrained does not get "sent through the windshield" fyi.

She was 12.

My point stands.  A properly restrained ANYTHING doesn't go flying out the car.


You can break a seat belt loose.  Woman came around a curve and hit me, seat belt snapped loose sending me out the top, bending the steering column (and bending my leg the wrong way, breaking multiple bones) on the way out.  And, she wasn't doing any 102 MPH..

/the seat belt itself held.. the mechanism you slide and click it into broke something inside
 
2013-02-17 01:24:27 PM

give me doughnuts: Yes, he was doing his job, but in such a wantonly reckless fashion that he killed people.


Then I guess your problem needs to be with the prosecutor.
 
2013-02-17 01:27:34 PM

The My Little Pony Killer: A baby that is properly restrained does not get "sent through the windshield" fyi.


Are you f*cking retarded?
 
2013-02-17 01:29:38 PM
This is now a flying babby thread.

images.dpchallenge.com
 
2013-02-17 01:29:52 PM

untaken_name: Popcorn Johnny: Police officers drive at high rates of speed as a part of their job, unfortunately that means that you're always going to have accidents, some fatal, because of the job they're doing.

Police officers can take curves rated for 35mph at 120 because they're above the laws of physics. Amirite? They'll just get that extra momentum thrown out of court.


What part of 'above the law' has confused you? They're not above 1 law or most laws, but ALL laws. This includes the Law of Diminishing Returns, Godwin's law, and Common Law Marriage.

All laws.
 
2013-02-17 01:30:44 PM

Popcorn Johnny: give me doughnuts: Yes, he was doing his job, but in such a wantonly reckless fashion that he killed people.

Then I guess your problem needs to be with the prosecutor.


It needs to be with the prosecutor, the judge, the other troopers involved, and with the reckless bastard that caused the accident.
 
2013-02-17 01:31:53 PM
Overweight St. Paul, Minnesota policeman dies of a heart attack, and it happened while he was on-duty, so the police union wants it to be "died in the line of duty", with financial benefits, flags at half-mast, major funeral with hundreds of cop cars with lights flashing, the works.  More
 
2013-02-17 01:34:40 PM

The My Little Pony Killer: A baby that is properly restrained does not get "sent through the windshield" fyi.


Oh, good point. Clearly the surviving parent should be jailed for child endangerment.
 
2013-02-17 01:35:58 PM

midnite_farker: ZAZ: We handle it differently in Massachusetts. When city cops tried to press drunk driving charges against a state trooper the magistrate made the case go away. No need to be conveniently absent. Just let the court do its thing. "Continued without a finding" is the standard disposition when public employees get in trouble. That's called "diversion" in some states. Basically it means don't get caught in the next year and it's like you were never in trouble. No disqualifying conviction on your record, no loss of pension for official misconduct.

But when his case came up in court, the trooper who issued the citations wasn't there. Another trooper in attendance said that though he couldn't represent the agency, he would not object to dismissing the tickets, and the judge did just that.

The Romans, and they who shall not be named, had a way to deal with this: collective punishment. Fire 10% of the officers in each of the involved forces.

My grandfather had the same sort of punishment, except that he lined all up and shot every tenth one....

/always wondered where grandpa got that idea
//then he said, we'll meet again next week same place, and time


Decimation.
 
2013-02-17 01:36:00 PM
If anyone of those officers did testify they would be ending their jobs. Ask the woman officer who pulled over a speeding officer in palm beach. It a good ole boy culture.
 
2013-02-17 01:36:05 PM
Federal Court - Title VII civil rights violation.

OBTW   The My Little Pony Killer, I hope someone near and dear to you is senselessly murdered in the next week.
 
2013-02-17 01:36:52 PM

planes: Overweight St. Paul, Minnesota policeman dies of a heart attack, and it happened while he was on-duty, so the police union wants it to be "died in the line of duty", with financial benefits, flags at half-mast, major funeral with hundreds of cop cars with lights flashing, the works.  More


Do you even have a point?
 
2013-02-17 01:38:07 PM
OMFG. I seriously hope wrongful death suits have been filed against the guy and the PD.
 
2013-02-17 01:40:50 PM

Glancing Blow: OBTW   The My Little Pony Killer, I hope someone near and dear to you is senselessly murdered in the next week.


Holy shiat dude, you're a farking psychopath.
 
2013-02-17 01:41:10 PM

Pelvic Splanchnic Ganglion: p51d007: I've been a law & order person all my life, worked as a dispatcher off & on for almost 20 years.
THIS kind of crap ticks me off.  I see officers doing stuff like this all the time & you just want to
slap em up side the head.

Have you reported their behavior? No?  Then you're the problem.  You are equally complicit.  Any officer who allows any fellow officer to get away with committing crimes is an accomplice.The thin blue line, that implicit acknowledgement that you'll cover for your fellow officers so that they do get in trouble is why things like this happen.


I've been in a situation like this, while walking my then 2 year old daughter on the sidewalk. An officer took a corner hard enough to lose control of his back tires, subsequently spraying rocks to the point of leaving welts on my back as I sheltered my daughter. No lights, no sirens. Just excessive speed and asshat driving.

I was 2 blocks from the police station, and walked over to file  a formal complaint. After talking to the dispatcher I was sent away with "Sargent isn't here, maybe you should be more careful and keep your daughter off the street."

It took 3 days to file that complaint, and I'm sure it went from my hands to the circular filing cabinet.


Not all cops are evil basts, but correcting the ones that are is NOT a task that can, or should, be done by the general populace.
 
2013-02-17 01:41:32 PM
I'm glad these fine upstanding folks could get together and have a little titter over tea and negligent homicide.  I'm just waiting for cops and judges to go out on weekly shooting sprees of random citizenry because, you know, the law.  Ever wonder what sort of people *want* to be cops and judges?  Watch the video.  The other shoe has dropped and it's sticking in your ass, folks.  Criminal justice is nothing more than another industry that moves money around and their chief perq is you're totally above the law if you get in the club.
 
2013-02-17 01:45:45 PM
markbrewers at 1:11 PM February 17, 2013 Why wasn't the child in a car seat in the back seat?  Why didn't the air bags protect the occupants of the jap car?  Don't people remember Pearl Harbor?  Don't people realize that the japs are sending us unsafe cars that kill us?  The driver of the Crown Victoria walked away, doesn't that tell yous something?  Buying foreign cars is un-american and has consequences.  Now the japs are killing us with their cars.
Someone's stopped taking their Thorazine.
 
2013-02-17 01:46:03 PM
Thank all that is good, that I don't live in USA. Take it from an outsider: you guys live in a police state.
 
2013-02-17 01:46:54 PM
clane:
and yall keep voting Democrat...

Congradulations to Judge Kathy Garner
[bloximages.newyork1.vip.townnews.com image 570x760]


TheHappyCanadian:
"congratulations" to you as well on cashing in those AOL hours, hillbilly.

clane:
Typical Liberal, when they have nothing at all, not one comeback, not a single argument... as a last ditch effort they shoot for Punctuation, Spelling, or Grammar.  it's sad
 
2013-02-17 01:47:14 PM
Just wait, the family of the next person who dies by a speeding FHP officer will file a huge lawsuit against FHP for 'fostering and accepting the attitude amongst officers that excessive speeding is tolerable and subject to little or no appropriate punishment'...and they may have a winnable case considering the statistics.
 
2013-02-17 01:47:42 PM

Popcorn Johnny: Fark Rye For Many Whores: This I can agree with, but that's not what happened here.

That's exactly what happened here, the officer was driving at a high rate of speed responding to a call of a potentially fatal crime in progress. He was terminated for not following proper procedure, but wasn't found negligent in the death of the woman.


Goodbye.
api.ning.com
 
2013-02-17 01:47:49 PM

Popcorn Johnny: Glancing Blow: OBTW   The My Little Pony Killer, I hope someone near and dear to you is senselessly murdered in the next week.

Holy shiat dude, you're a farking psychopath.


Accurate.
 
2013-02-17 01:48:04 PM
Reminds me of a cop I met through other cop friends. This guy was a complete roid freak, bad temper, bad drunk, racist as all get out...you could just tell he had a screw loose in his eyes. A year later I heard from those same cop friends that one night he rented a hotel and got a hooker, with lots of fun uppers and downers and plenty of his roids (all stashed in a fanny pack no less) on hand. Things got out of hand he beat her and passed out, she escaped, called the cops. He got arrested, but got the same slap on the wrist. Temporary suspension for 3 months and was back on the beat in no time (manditory drug screenings though since bloodwork should the plethora HGH (and various other steroids), coke and zanax (obviously not RX prescribed).

...granted this guy was a cop in the worst beat in houston, 3rd/4th ward (gov housing) and alemeda mall area (pretty rough area, lots of shootings and gangs). Maybe the guy was a good cop at one point and the crap areas he had to work just got to him....still though, I doubt any of his arrests got the same pity of nature over nurture (even in adults, if you get treated like shiat and see horrible things day in day out, the ods are good your going to become a piece of shiat).
 
2013-02-17 01:48:43 PM

untaken_name: TheHappyCanadian: untaken_name: TheHappyCanadian: clane: and yall keep voting Democrat...


Congradulations to Judge Kathy Garner
[bloximages.newyork1.vip.townnews.com image 570x760]

"congratulations" to you as well on cashing in those AOL hours, hillbilly.

Those of use for whom English is our first language know that the first letter of each sentence should be capitalized.

Congradulations. Confabulations.

/sorry
/pet peave


I know, liberals just can't help it, they have nothing else to argue.
 
2013-02-17 01:50:59 PM

give me doughnuts: Popcorn Johnny: Farkage: He killed somebody you assh*le.  This isn't "getting tickets dismissed".

Great, I'm dealing with a name caller.

This was about some traffic citations, not the person who was killed. There was an investigation and no charges were filed. The officer was doing his farking job and there was a tragic accident and he fact that somebody died is irreverent to these tickets being dismissed.

Continue your immature rant against cops now.

Yes, he was doing his job, but in such a wantonly reckless fashion that he killed people.
There is no practical difference between this and cops kicking in the door of the wrong house and shooting the occupant because the suspect was described as armed and dangerous.


Actually, Johnny, it's a third-degree felony in Florida if a reckless driving offense results in the serious bodily injury to another person. Penalties include 5 years in prison and $5000 in fines. 102 in a 35 is, by any definition, reckless driving. The fact that he was a policeman is the only reason he was not charged with reckless driving. Any civilian under any circumstances--even under threat of mortal danger--would have been charged and sanctioned appropriately, regardless of the circumstances.

Cruiser twelve even believes there was room for more serious action to be taken. Yes, firing him, his commander, and demoting the sergeant are all good steps. But under the law in Florida, what happened was an actual felony. (http://ntl.bts.gov/lib/30000/30100/30132/810826.pdf page 52, footnote 106) But you just go on and lick those boots clean while living in your fantasy bubble. The rest of us live in the real world, with real laws... that apply to everyone but the FSP.
 
2013-02-17 01:53:12 PM

cherryl taggart: jeffowl: jeffowl:

In more than a few jurisdictions, blanket immunity takes politicians, cops, city workers, etc. off the hook for any all liability.  So, at least Florida is doing a teensy bit better.


It's much better than $0 liability. $200k can pay for a lot of vengeance.
 
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