OUTRAGEOUS! left-turn killing - no charges
#1
03-30-2008, 02:51 AM
OUTRAGEOUS! left-turn killing - no charges
Guy turns left in front of a biker killing him and FHP says no charges??????
A motorcycle driver in Brevard County died this morning when his bike slammed into another vehicle, troopers said.
Florida Highway Patrol records show that Edward Herbert Hight, 50, of Merritt Island, was driving southbound on Grissom Parkway and approaching Port St. John Parkway at 1:02 a.m. Richard Albert Jones, 43, of Titusville, was traveling northbound on Grissom Parkway toward the same intersection.
As Jones was making a left turn onto Port St. John Parkway, Hight crashed into the right side of his truck. Hight was ejected from the motorcycle. He was transported to Wuesthoff Medical Center, where he died.
FHP troopers said both drivers had the green light.
Story is here:
http://www.orlandosentinel.com/news/local/state/orl-bk-bikecrash032608,0,6437652.story
Another story here:
http://www.local6.com/news/15711559/detail.html
Edward Herbert Hight, 50, was pronounced dead at Wuesthoff Medical Center-Rockledge after the crash that occurred at 1:02 a.m. at Grissom and Port St. John parkways in Port St. John.
The driver of the truck, Richard Albert Jones, 43, of Titusville, was not injured, Local 6 News partner Florida Today reported.
Florida Highway Patrol trooper Cpl. Dean Martin reported that Jones was traveling northbound on Grissom Parkway at the intersection of Port St. John Parkway while Hight was headed southbound. Martin stated that two witnesses said both drivers had solid green lights, but that Jones attempted to make a left turn in front of Hight. Hight struck Jones on the right passenger side of the truck.
No charges have been filed in the crash.
This stinks!!! Provideon-line comments here:
http://www.topix.net/forum/source/or...OJFCM#comments
*************EDIT TO UPDATE****************
<explaination from below>
A motorcycle driver in Brevard County died this morning when his bike slammed into another vehicle, troopers said.
Florida Highway Patrol records show that Edward Herbert Hight, 50, of Merritt Island, was driving southbound on Grissom Parkway and approaching Port St. John Parkway at 1:02 a.m. Richard Albert Jones, 43, of Titusville, was traveling northbound on Grissom Parkway toward the same intersection.
As Jones was making a left turn onto Port St. John Parkway, Hight crashed into the right side of his truck. Hight was ejected from the motorcycle. He was transported to Wuesthoff Medical Center, where he died.
FHP troopers said both drivers had the green light.
Story is here:
http://www.orlandosentinel.com/news/local/state/orl-bk-bikecrash032608,0,6437652.story
Another story here:
http://www.local6.com/news/15711559/detail.html
Edward Herbert Hight, 50, was pronounced dead at Wuesthoff Medical Center-Rockledge after the crash that occurred at 1:02 a.m. at Grissom and Port St. John parkways in Port St. John.
The driver of the truck, Richard Albert Jones, 43, of Titusville, was not injured, Local 6 News partner Florida Today reported.
Florida Highway Patrol trooper Cpl. Dean Martin reported that Jones was traveling northbound on Grissom Parkway at the intersection of Port St. John Parkway while Hight was headed southbound. Martin stated that two witnesses said both drivers had solid green lights, but that Jones attempted to make a left turn in front of Hight. Hight struck Jones on the right passenger side of the truck.
No charges have been filed in the crash.
This stinks!!! Provideon-line comments here:
http://www.topix.net/forum/source/or...OJFCM#comments
*************EDIT TO UPDATE****************
<explaination from below>
ORIGINAL: RangeRat
Thanks Chris. That helps me understand how the law must be applied.
ORIGINAL: CCPD
It the accident is serious enough you have to wait to see what happens before you file charges. If you write someone a ticket and they pay it the next day and the driver dies 2 days later you can't recharge someone for something steming from the same incident (Double Jeopardy). This is why many departments have special units which handle death or serious injury accidents.
Chris
ORIGINAL: RangeRat
I had no idea that a driver who obviously violated the riders right-of-way wasn't cited for that immediately or that giving a citation for failure to yield could put someone in double jeopardy.Can't the bozoalso get charged with something like vehicular homocidelater after the doctor says "he'sdead" and the investigation is completed?
Seems like criminals who shoot a clerk that dies in the hospital get nabbed for robery immediately and then charged with murder later. I honestly don't understand.
Oh - BTW - the paper later retracted the time. Itreally happened somewhere around 9:00 PM. I know that'sjust a nit either waybut...
I had no idea that a driver who obviously violated the riders right-of-way wasn't cited for that immediately or that giving a citation for failure to yield could put someone in double jeopardy.Can't the bozoalso get charged with something like vehicular homocidelater after the doctor says "he'sdead" and the investigation is completed?
Seems like criminals who shoot a clerk that dies in the hospital get nabbed for robery immediately and then charged with murder later. I honestly don't understand.
Oh - BTW - the paper later retracted the time. Itreally happened somewhere around 9:00 PM. I know that'sjust a nit either waybut...
Chris
#2
03-30-2008, 05:12 AM
RE: OUTRAGEOUS! left-turn killing - no charges
Usually, in a fatality accident, unless alcohol or some other illegal activity is involved, an arrest is rarely made at that time. And there is far more involved in investigating a fatality accident than a regular fender bender. Once all the info is gathered, and the investigation is completed, then the PD usually forwards the info to the D.A. It's up to the D.A. whether or not to file any criminal charges (and this is true in any criminal case. Only the DA can file charges, or not file charges, period). Once the D.A. thinks he has a good enough case to get a conviction, then charges will be filed with the court anda warrant will be issued.
#3
03-30-2008, 08:07 AM
RE: OUTRAGEOUS! left-turn killing - no charges
ORIGINAL: DannyZ71
Usually, in a fatality accident, unless alcohol or some other illegal activity is involved, an arrest is rarely made at that time. And there is far more involved in investigating a fatality accident than a regular fender bender. Once all the info is gathered, and the investigation is completed, then the PD usually forwards the info to the D.A. It's up to the D.A. whether or not to file any criminal charges (and this is true in any criminal case. Only the DA can file charges, or not file charges, period). Once the D.A. thinks he has a good enough case to get a conviction, then charges will be filed with the court anda warrant will be issued.
Usually, in a fatality accident, unless alcohol or some other illegal activity is involved, an arrest is rarely made at that time. And there is far more involved in investigating a fatality accident than a regular fender bender. Once all the info is gathered, and the investigation is completed, then the PD usually forwards the info to the D.A. It's up to the D.A. whether or not to file any criminal charges (and this is true in any criminal case. Only the DA can file charges, or not file charges, period). Once the D.A. thinks he has a good enough case to get a conviction, then charges will be filed with the court anda warrant will be issued.
But the least the FHP should have done was issue a ticket to the driver of the truck for failure to yield the right of way. I believe if 2 vehicles are going through an intersection in opposite directions, the one turning MUST yield to traffic going straight through. At least that's what the law is in Georgia.
#4
03-30-2008, 08:20 AM
RE: OUTRAGEOUS! left-turn killing - no charges
Not sure how the law reads in Florida, but here the officer cannot cite unless it occurs in front of him. The info about the failure to yield goes on the report, but no citation is issued.
#5
03-30-2008, 08:29 AM
RE: OUTRAGEOUS! left-turn killing - no charges
ORIGINAL: Unome
What he said.
But the least the FHP should have done was issue a ticket to the driver of the truck for failure to yield the right of way. I believe if 2 vehicles are going through an intersection in opposite directions, the one turning MUST yield to traffic going straight through. At least that's what the law is in Georgia.
ORIGINAL: DannyZ71
Usually, in a fatality accident, unless alcohol or some other illegal activity is involved, an arrest is rarely made at that time. And there is far more involved in investigating a fatality accident than a regular fender bender. Once all the info is gathered, and the investigation is completed, then the PD usually forwards the info to the D.A. It's up to the D.A. whether or not to file any criminal charges (and this is true in any criminal case. Only the DA can file charges, or not file charges, period). Once the D.A. thinks he has a good enough case to get a conviction, then charges will be filed with the court anda warrant will be issued.
Usually, in a fatality accident, unless alcohol or some other illegal activity is involved, an arrest is rarely made at that time. And there is far more involved in investigating a fatality accident than a regular fender bender. Once all the info is gathered, and the investigation is completed, then the PD usually forwards the info to the D.A. It's up to the D.A. whether or not to file any criminal charges (and this is true in any criminal case. Only the DA can file charges, or not file charges, period). Once the D.A. thinks he has a good enough case to get a conviction, then charges will be filed with the court anda warrant will be issued.
But the least the FHP should have done was issue a ticket to the driver of the truck for failure to yield the right of way. I believe if 2 vehicles are going through an intersection in opposite directions, the one turning MUST yield to traffic going straight through. At least that's what the law is in Georgia.
Chris
#6
03-30-2008, 08:35 AM
RE: OUTRAGEOUS! left-turn killing - no charges
ORIGINAL: sldavis
Not sure how the law reads in Florida, but here the officer cannot cite unless it occurs in front of him. The info about the failure to yield goes on the report, but no citation is issued.
Not sure how the law reads in Florida, but here the officer cannot cite unless it occurs in front of him. The info about the failure to yield goes on the report, but no citation is issued.
#7
03-30-2008, 08:39 AM
RE: OUTRAGEOUS! left-turn killing - no charges
ORIGINAL: CCPD
This isincorrect. I write every at fault driver in every accident I respond to where I am able to determine who was at fault. It does not matter if I saw the incident or not. At court the solicitor will call the other driver to the stand who was involved in the accident as a witness for the state.
ORIGINAL: sldavis
Not sure how the law reads in Florida, but here the officer cannot cite unless it occurs in front of him. The info about the failure to yield goes on the report, but no citation is issued.
Not sure how the law reads in Florida, but here the officer cannot cite unless it occurs in front of him. The info about the failure to yield goes on the report, but no citation is issued.
Trending Topics
#8
03-30-2008, 08:44 AM
RE: OUTRAGEOUS! left-turn killing - no charges
There are always 2 sides to every story.No way to pass judgement hearing one side,especially when the media is involved.
#9
03-30-2008, 08:51 AM
RE: OUTRAGEOUS! left-turn killing - no charges
Another good reason not to be out riding at 1:00AM if you don't HAVE to be. Humans simply don't see as well at night, people are tired, reactions are slower, alcohol is often involved, etc. That being said, it still was in no way, shape, or form the motorcyclists fault.
#10
03-30-2008, 09:04 AM
RE: OUTRAGEOUS! left-turn killing - no charges
ORIGINAL: kjmorgan
Another good reason not to be out riding at 1:00AM if you don't HAVE to be. Humans simply don't see as well at night, people are tired, reactions are slower, alcohol is often involved, etc. That being said, it still was in no way, shape, or form the motorcyclists fault.
Another good reason not to be out riding at 1:00AM if you don't HAVE to be. Humans simply don't see as well at night, people are tired, reactions are slower, alcohol is often involved, etc. That being said, it still was in no way, shape, or form the motorcyclists fault.