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(USA Today)   Bystander to fatal accident becomes an accomplice to a hit-and-run homicide in just one sentence   (usatoday.com ) divider line
    More: Strange, accessory after the fact, vehicular homicide, homicides, Legal liability  
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17295 clicks; posted to Main » on 22 May 2013 at 10:02 AM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-05-22 11:43:03 AM  
The prosecutor is probably technically correct( the best kind) but the jury is probably gonna be sympathetic to the guy unless he has a rap sheet a mile long and should have still been in prison instead of bystanding.
 
2013-05-22 11:43:05 AM  
Did they charge the guys that built the car and the street?  What the parents of the  folks that were hit?  Were they not all accessories before the fact?
 
2013-05-22 11:45:51 AM  

that was my nickname in highschool: Yes please: Accessory after the fact, as it says in the article.  May be a difficult conviction to get, but it probably fits.


No, it doesn't.   From the Tennessee Code:

39-11-411.  Accessory after the fact.

(a) A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender:

(1) Harbors or conceals the offender;

(2) Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or

(3) Warns the offender of impending apprehension or discovery.

(b) This section shall have no application to an attorney providing legal services as required or authorized by law.

(c) Accessory after the fact is a Class E felony.


3 he is probably technically guilty of.
 
2013-05-22 11:50:41 AM  

MythDragon: Charge him with being a douchebag or something, but this is stupid.


I thank God daily that being a douchebag isn't illegal.

jeblis: As a bystander you can't leave the scene of an accident, but you can stand there and twiddle your thumbs if you want.


Can I jerk off?
 
2013-05-22 11:53:15 AM  
"It may not make sense to a layperson, but it's the law," he said.

Here's a novel farking concept: Write the laws that DO make sense to the layperson.
 
2013-05-22 11:55:23 AM  

Sin_City_Superhero: MythDragon: Charge him with being a douchebag or something, but this is stupid.

I thank God daily that being a douchebag isn't illegal.

jeblis: As a bystander you can't leave the scene of an accident, but you can stand there and twiddle your thumbs if you want.

Can I jerk off?


Pretty sure jerking off in public would get you charged with indecent exposure at the minimum and on the sex offender registry.
 
2013-05-22 11:55:32 AM  
The bystander gets the charges dismissed.

The girl plea bargains to a really short misdemeanor probation.

The driver does prison time for drunken felony hit-and-run vehicular dual homicide.
 
2013-05-22 12:01:36 PM  

farkstorm: The bystander gets the charges dismissed.

The girl plea bargains to a really short misdemeanor probation.

The driver does prison time for drunken felony hit-and-run vehicular dual homicide.


Sounds bout right
 
2013-05-22 12:04:23 PM  

farkstorm: The bystander gets the charges dismissed.

The girl plea bargains to a really short misdemeanor probation.

The driver does prison time for drunken felony hit-and-run vehicular dual homicide.


And nobody jerks off? Sounds anti-climactic if ya ask me...
 
2013-05-22 12:07:46 PM  
How hot was the drivers girlfriend? Did the guy think that if he made the suggestion to run he might get lucky with her? Mitigating factors people, look at it from every angle.
 
2013-05-22 12:10:07 PM  

Sin_City_Superhero: farkstorm: The bystander gets the charges dismissed.

The girl plea bargains to a really short misdemeanor probation.

The driver does prison time for drunken felony hit-and-run vehicular dual homicide.

And nobody jerks off? Sounds anti-climactic if ya ask me...


Kyle Anderson with the District Attorney's office

is jerking off because he read his name in USA Today.
 
2013-05-22 12:21:43 PM  
www.gannett-cdn.com

Is this guy the bastard son of the singer from Fine Young Cannibals?
 
2013-05-22 12:26:44 PM  
I'm not a lawyer.. but...
I envision a scene where the couple hit the victims, and paused/hesitated, while this guy said "Get outta here before the cops show up!"  Or even "It wasn't your fault, I saw the whole thing, but you're drunk, so you'd better get out of here."

Presumably, his words COULD have inspired the two drunks to leave, which would constitute "aid",  thereby becoming an accessory after the fact :
 who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender through Providing or aiding in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or warns the offender of impending apprehension or discovery.
 .

His "intent" is the critical thing here though.  If he had said "oooh, yer gonna get sent to PMITA Prison" his intent could be to ridicule them or it could have been said to spur them into action, and the "thought police" might never be able to positively identify his intent to jurors.

Also, the wording of the law suggests that he might have to be aware that a felony has been committed.  If he underestimated what damage was done in the accident, or his evaluation was impaired by his public intoxication, it should limit his liability.  However, if he was publically intoxicated, his drunken state doesn't excuse him from rational decisions because he was already breaking the law.  (otherwise drunk driving couldn't be prosecuted).

Personally, I think the passenger shouldn't automatically be an accessory, unless they can be charged with public intoxication.  Again, alcohol stupidity isn't a viable legal excuse, IF the person isn't in a private residence or whatever.  However, considering that they were drinking in such a way that their judgement was impaired, and they were in public, they have no excuse for supporting the drunk driver by riding with them.   Accessory to the accident?  Yes.  Leaving the scene? not automatically, unless they come right out and explain that they were trying to drive away,  or encouraging the driver to leave.  If they testified that they tried to stop the driver.. then that should be enough to clear them of the "leaving the scene" crime.
 
2013-05-22 12:52:10 PM  
oh no.... I give free legal advice on the internets all the FARKING TIME.

/never again
 
2013-05-22 12:55:07 PM  
Does he self identify as black?
 
2013-05-22 12:59:14 PM  
being Black and in Tennessee is a prison life term for your skin flakes littering on the sidewalk.


/Also: passenger: "how da fark was I to know the driver was to drunk to drive? I was shiatfaced myself. And sorry that I didn't report the driver instantly for his hitting those traffic cones that were wearing clothes".
 
2013-05-22 01:12:57 PM  

that was my nickname in highschool: Yes please: Accessory after the fact, as it says in the article.  May be a difficult conviction to get, but it probably fits.


No, it doesn't.   From the Tennessee Code:

39-11-411.  Accessory after the fact.

(a) A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender:

(1) Harbors or conceals the offender;

(2) Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or

(3) Warns the offender of impending apprehension or discovery.

(b) This section shall have no application to an attorney providing legal services as required or authorized by law.

(c) Accessory after the fact is a Class E felony.


Looks like 2 or 3 could fit, depending on what was actually said.

"Dude, the cops are coming; run!" would do for 3.

"If I was you, I'd haul ass!" would do for 2.
 
2013-05-22 01:16:17 PM  

Sin_City_Superhero: "It may not make sense to a layperson, but it's the law," he said.

Here's a novel farking concept: Write the laws that DO make sense to the layperson.


Yeah, that statement jumped out at me, too.  Due process starts with fair notice of what, exactly, is prohibited.  A "layperson" has to be able to figure it out from a plain reading of the law or the law is unconstitutionally vague.
 
2013-05-22 01:18:18 PM  

jeblis: factoryconnection: jaylectricity: Lack of compassion? Or primal fear of authority?

There were victims lying in the street in front of him, and yet there was no action to help them instead of shielding the drunken bozos (strangers, at that) that did the crime.

As a bystander you can't leave the scene of an accident, but you can stand there and twiddle your thumbs if you want.


Where did you get the idea that bystanders can't leave the scene of an accident?  Happens all the time and I've never heard of anyone busted for it.
 
2013-05-22 01:21:27 PM  
weknowmemes.com
 
2013-05-22 01:21:51 PM  

Bendal: So leaving the scene of an accident causing personal injury is a felony in TN?

36 years ago, in 1977, a man was so drunk he had a 14 year old girl (don't know if she was his daughter or not) drive him to get more beer. On the way, she lost control of the car, ran into the ditch, jammed on the accelerator and smashed into the driver's door of my mother's car, who later died on the way to a larger hospital. The drunk and girl both fled the scene; as far as I know neither of them were ever charged with anything.

/have often wondered why they were never charged
//don't know who it was
///wonder if the girl remembers that day
////damn sure I do


That is not a CSB at all! =(

Sorry for your loss - that totally sucks.
 
2013-05-22 02:09:17 PM  
The article says he has to be aware a felony was committed.   A car accident is not automatically a felony in that state.   So the state is going to have to prove he somehow knew what he just saw was more than an accident.

Did he see the victims at all before he said whatever he said?  The article does not make that clear.  He might have been there but not looking, then the accident happens and he turns to look.   At that point if all he sees is a crashed car and tells them to run for it- no crime.   If he saw the people get hit, or if he said to run for it because you ran someone over, that's a crime.
 
2013-05-22 02:17:15 PM  

Birnone: The article says he has to be aware a felony was committed.   A car accident is not automatically a felony in that state.   So the state is going to have to prove he somehow knew what he just saw was more than an accident.

Did he see the victims at all before he said whatever he said?  The article does not make that clear.  He might have been there but not looking, then the accident happens and he turns to look.   At that point if all he sees is a crashed car and tells them to run for it- no crime.   If he saw the people get hit, or if he said to run for it because you ran someone over, that's a crime.



You should read more of TFA:

In Tennessee, fleeing the scene of a property accident is a misdemeanor, and fleeing the scene of a personal injury accident is a felony.
 
2013-05-22 02:32:32 PM  

banandar123: I didn't know anyone outside of lawmakers and the courts used the word "flee" anymore. Run the fark away, maybe...But "FLEE, DUDE, FLEE!!!" just sounds stupid.


Ah hem.

 The correct vernacular is "FLY YOU FOOLS!"
 
2013-05-22 02:38:58 PM  

Bendal: So leaving the scene of an accident causing personal injury is a felony in TN?

36 years ago, in 1977, a man was so drunk he had a 14 year old girl (don't know if she was his daughter or not) drive him to get more beer. On the way, she lost control of the car, ran into the ditch, jammed on the accelerator and smashed into the driver's door of my mother's car, who later died on the way to a larger hospital. The drunk and girl both fled the scene; as far as I know neither of them were ever charged with anything.

/have often wondered why they were never charged
//don't know who it was
///wonder if the girl remembers that day
////damn sure I do



Ummm, of course it's a felony in TN...in fact pretty sure it's a felony everywhere (maybe wasn't in 77?).  You sure they were caught?

They likely couldn't charge the girl as she was a minor.  Maybe, as strange as it sounds, in '77 there was no law actually broken by the father?  Maybe the drunk could have been "somebody"...who knows but it sucks to lose someone like that.

I'm sure the girl remembers, and I'm guessing the lack of sense the adult showed when allowing a kid to drive carried over through the moments after the accident....ultimately it was all the adult's fault, not hers.   I feel almost as bad for her as I do for you as she has had to live with killing someone.
 
2013-05-22 02:42:48 PM  
So the expectation is for a drunk to fix the leaking meat bags over giving shiatty advice?

Really?

Have people never been to a bar? If he helped the dead/dying he would be hit with practicing without a license WHILE drunk. Should he have just sat there and laughed? Probably so, but drunks talk out their ass, a lot. Drunks listen to other drunks talking out their ass, a lot. It was a fight or flight response and well beer won out.

The dude was likely to run regardless of the "legal counsel" the other drunk gave him. Putting this on the dude won't bring back the dead, nor will it deal with the real issue which was the drunk driver.
 
2013-05-22 02:55:15 PM  

2KanZam: Bendal: So leaving the scene of an accident causing personal injury is a felony in TN?

36 years ago, in 1977, a man was so drunk he had a 14 year old girl (don't know if she was his daughter or not) drive him to get more beer. On the way, she lost control of the car, ran into the ditch, jammed on the accelerator and smashed into the driver's door of my mother's car, who later died on the way to a larger hospital. The drunk and girl both fled the scene; as far as I know neither of them were ever charged with anything.

/have often wondered why they were never charged
//don't know who it was
///wonder if the girl remembers that day
////damn sure I do


Ummm, of course it's a felony in TN...in fact pretty sure it's a felony everywhere (maybe wasn't in 77?).  You sure they were caught?

They likely couldn't charge the girl as she was a minor.  Maybe, as strange as it sounds, in '77 there was no law actually broken by the father?  Maybe the drunk could have been "somebody"...who knows but it sucks to lose someone like that.

I'm sure the girl remembers, and I'm guessing the lack of sense the adult showed when allowing a kid to drive carried over through the moments after the accident....ultimately it was all the adult's fault, not hers.   I feel almost as bad for her as I do for you as she has had to live with killing someone.


Oh I don't blame the girl; I assign all the blame to the drunk who had her drive a car she wasn't capable of handling. I just have always wondered if she (and him too I guess) ever did something with their lives as a result of that incident, or what happened to them in general.
 
2013-05-22 02:55:36 PM  

FrancoFile: Birnone: The article says he has to be aware a felony was committed.   A car accident is not automatically a felony in that state.   So the state is going to have to prove he somehow knew what he just saw was more than an accident.

Did he see the victims at all before he said whatever he said?  The article does not make that clear.  He might have been there but not looking, then the accident happens and he turns to look.   At that point if all he sees is a crashed car and tells them to run for it- no crime.   If he saw the people get hit, or if he said to run for it because you ran someone over, that's a crime.


You should read more of TFA:

In Tennessee, fleeing the scene of a property accident is a misdemeanor, and fleeing the scene of a personal injury accident is a felony.


In the article it says for him to get that 6 year sentence then he has to see a FELONY.  A misdemeanor  means nothing in this context.  Nowhere in the article does it say he saw a personal injury accident.  He did see a property accident though, we know that from the fact that he advised the driver to leave the scene of said accident.
 
2013-05-22 03:40:37 PM  

Bendal: Oh I don't blame the girl; I assign all the blame to the drunk who had her drive a car she wasn't capable of handling. I just have always wondered if she (and him too I guess) ever did something with their lives as a result of that incident, or what happened to them in general.



Her tormented mind an drunken father likely drove her to drug abuse and stripping.  She is likely now a 50 year old addition to a "faces of meth" poster.
 
2013-05-22 03:54:03 PM  
What I find interesting is that they are charging the passenger because "she knew he was to drunk to drive".  WTF?

Like someone was saying above, are they going to charge his boss for being mean to him that day causing him to want to drink?
 
2013-05-22 03:58:54 PM  
"The District Attorney's Office commonly charges vehicle owners with driving under the influence for allowing a drunk person to drive their car. "

Wow what a screwed up law.
 
2013-05-22 04:13:33 PM  

Perducci: "...both Bradshaw and Brown are facing charges of vehicular homicide - Brown because prosecutors say she knew or should have known that Bradshaw was in no condition to drive."

This always annoys me.  If she's so drunk that she chooses not to drive, how is she supposed to be clear-thinking enough to consider "Wait a sec. I wonder if my boyfriend is also drunk. Perhaps I should prevent him from driving until such time as he can clearly indicate his sobriety" ?  At least she didn't try to drive herself, which is an improvement over most drunk driving morans.


And not to be sexist or anything Men still usually drive when they go out regardless of who owns the car so he probably already had the keys and it wasn't even discussed.
 
2013-05-22 04:25:46 PM  

Bendal: So leaving the scene of an accident causing personal injury is a felony in TN?

36 years ago, in 1977, a man was so drunk he had a 14 year old girl (don't know if she was his daughter or not) drive him to get more beer. On the way, she lost control of the car, ran into the ditch, jammed on the accelerator and smashed into the driver's door of my mother's car, who later died on the way to a larger hospital. The drunk and girl both fled the scene; as far as I know neither of them were ever charged with anything.

/have often wondered why they were never charged
//don't know who it was
///wonder if the girl remembers that day
////damn sure I do


That's farking horrible man I'm so sorry. Now for the brights side. If the police know who it was You can still have charges pressed as there is no statute of limitations that I know of on homicide. May still be able to seek recourse civilly depending on your state.
 
2013-05-22 04:42:04 PM  

IRQ12: What I find interesting is that they are charging the passenger because "she knew he was to drunk to drive".  WTF?

Like someone was saying above, are they going to charge his boss for being mean to him that day causing him to want to drink?


As mentioned above, she owned the car.  She allowed an intoxicated person to use her property = she's an accessory.

If you come to me shiatfaced to borrow my chainsaw, and I let you, and then you go cut your psycho ex-girlfriend with it, I'm an accessory to the crime.

/don't let drunk, stoned, crazy, or stupid people use your stuff.
 
2013-05-22 04:42:55 PM  

Sin_City_Superhero: farkstorm: The bystander gets the charges dismissed.

The girl plea bargains to a really short misdemeanor probation.

The driver does prison time for drunken felony hit-and-run vehicular dual homicide.

And nobody jerks off? Sounds anti-climactic if ya ask me...


We naturally assumed you would.
 
2013-05-22 04:49:11 PM  

BarkingUnicorn: jeblis: factoryconnection: jaylectricity: Lack of compassion? Or primal fear of authority?

There were victims lying in the street in front of him, and yet there was no action to help them instead of shielding the drunken bozos (strangers, at that) that did the crime.

As a bystander you can't leave the scene of an accident, but you can stand there and twiddle your thumbs if you want.

Where did you get the idea that bystanders can't leave the scene of an accident?  Happens all the time and I've never heard of anyone busted for it.


If you witness the accident by law you arent supposed to leave. Are they gonna go full on CSI on you and try and put you in jail? probably not.
 
2013-05-22 05:03:36 PM  

FrancoFile: IRQ12: What I find interesting is that they are charging the passenger because "she knew he was to drunk to drive".  WTF?

Like someone was saying above, are they going to charge his boss for being mean to him that day causing him to want to drink?

As mentioned above, she owned the car.  She allowed an intoxicated person to use her property = she's an accessory.

If you come to me shiatfaced to borrow my chainsaw, and I let you, and then you go cut your psycho ex-girlfriend with it, I'm an accessory to the crime.

/don't let drunk, stoned, crazy, or stupid people use your stuff.


Don't let stupid people make laws either.  That law is retarded because it basically requires a person to make other peoples judgement for them.  I know people who can *act* completely sober when they'd probably blow a .2.

That's what sucks about alcohol laws; no matter what they are they go through once proposed because no one wants to be seen as being weak on the issue.

I don't know how a rational human could think those two should share the same culpability.  Or that it's reasonable to expect a person know how much another is fit to drive.
 
2013-05-22 05:08:25 PM  
Netrngr: ....

If you witness the accident by law you arent supposed to leave. Are they gonna go full on CSI on you and try and put you in jail? probably not.

What bathroom wall did you read that on?
 
2013-05-22 05:51:07 PM  
He was just reciting lines from Forrest Gump out of shock.
 
2013-05-22 06:24:34 PM  

FrancoFile: /don't let drunk, stoned, crazy, or stupid people use your stuff.


I'm not qualified to make that determination.
 
2013-05-22 07:48:46 PM  
I imagine they just want to scare him a little, which is reasonable IMHO. You don't witness a crime and then helpfully suggest to the perp that he run away. That's just not how a responsible member of society behaves.
 
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