• neatchee@lemmy.worldEnglish
      2·
      5 months ago

      Would love to see a citation on this. Not familiar with the specifics and would love to know more but I had trouble finding this specific story

      • DrunkEngineer@lemmy.worldOPEnglish
        8·
        5 months ago

        https://archive.ph/3tLtL#selection-1499.0-1499.550

        More than a year passed with no news about the crash or charges against the driver. Then, in the winter of 2022, the Waller County District Attorney quietly closed the case without a public announcement. Because the defendant had been handled as a juvenile, the court proceedings and final verdict were sealed. Had the case been dropped? Was there a settlement?

        The boy would soon graduate from Waller High School, walking across a stage in front of a large crowd. The victims wondered what level of remorse he felt in the wake of the crash, and whether he might go on to impart some measure of good on the world?

        “I don’t think they ever could prove it was intentional,” DeToto said, getting into the legal semantics of recklessness versus the desire to do harm. “I’m not defending rolling coal on anybody. But that’s probably not going to be a Class A assault where you could go to jail. It’s going to be a Class C. It’s just like a ticket. Is it offensive? Yes. But it’s a different level than intentionally hitting a group of bikers.”

        • neatchee@lemmy.worldEnglish
          1·
          5 months ago

          Yuck. That’s pretty distressing :( It sounds like the civil case is still ongoing? Maybe the parents will feel some burden (as guardians should in this case).

          For what it’s worth, just to clarify for anyone reading along with the context of this conversation:

          • nobody died in this incident, though multiple people suffered long term debilitating physical and psychological trauma
          • the perpetrator was a minor, and in an assault case where there was no clear intent to cause physical harm - the trend of “rolling coal” being one of intimidation and clout-chasing - the virtue of pursuing criminal convictions that would be expunged before any sentencing of substance could occur is questionable
          • as a minor, any plea agreement or settlement would be sealed. Not even the victims would be allowed to discuss it. So it’s very possible it wasn’t just an “oopsie” but a settlement where the kid lost his license, was placed under house arrest, was required to do community service, with the parents helping cover medical expenses… We’d never know. Which is itself a problem, for sure, because it undermines the deterrent factor for others!
          • there is still an opportunity for civil remedies for the victims, and I’m confident their insurance providers will be trying to recoup their costs

          What a shitty situation. Frankly, the law is just really poorly equipped to handle minors who engage in reckless endangerment with a vehicle. We badly need to get some better laws on the books for handling kids who show wonton disregard for others’ safety, especially when it’s just for clout

          It seems like the prosecutor really did want to go hard on this case too. The article mentions a previous conviction against someone who actually did kill cyclists with their vehicle: life in prison

          In 2017, an army veteran named Victor Tome had veered head-on into a group of people riding bikes in Waller County. The crash killed two riders. Tome, who’d been intoxicated on a mixture of drugs, received a life sentence without parole.

          But to bring it back around to the OP: I think this kinda proves the point I was trying to make…nobody is getting away with murder. And I have a strong suspicion that if anyone had been killed, they’d have tried to prosecute the driver as an adult.

          I need to go watch something happy after reading that article. What a horrible incident. Maybe the victims got justice and we won’t ever know, and it certainly seems like the city/county made some significant changes in the aftermath. But it still doesn’t feel right. :(