TN texter kills 2 on (stopped) bike, gets probation.

[Jess from VA]

http://www.wsmv.com/story/26490958/driver-in-fatal-motorcycle-wreck-gets-probation

http://www.wkrn.com/story/26500082/woman-behind-wheel-during-deadly-texting-crash-receives-probation

On March 17, 2013, Misti Risner of Lawrence County, Tennessee, was driving an SUV eastbound on Highway 64 at about 5:30 p.m. when she failed to stop and ran into the back of a Harley Davidson motorcycle pushing it into the westbound lane where it collided, head-on, with another vehicle.  Two people, Clyde and Carmie Newton, on the motorcycle were killed and two others in the westbound car were injured.  Authorities reported that the time stamp on Risner's cell phone showed that she had posted a message to Facebook while driving, only minutes prior to impact, and that there was a partial message that she had been in the process of typing.



Need for a warrant to seize phone records is OK, just hold the phone and get the warrant, so nothing gets deleted.

Sometime justice is...... best served cold...... from around 100 meters.

[Rams]

Haven't seen a rope that long.   

[RainMaker]

Can you imagine the riots, looting and Rev Al sightings over this verdict if the motorcycle rider was a black teenager....

[old2soon]

Before cell phones were the problem they are now I KNEW cagers considered me a target. Now they have been told it's O K to kill us-riders. WHY is this bitch still breathing free air on the outside of a Tennessee Prison wall? WHY is this bitch NOT incarcerated? WHY is this a problem in the first place? WHY is she NOT in Prison on death row? RIDE SAFE.

[Jess from VA]

 Risner entered pleas to two counts of criminally negligent homicide........ (plead down from original  charges)

This is on the judge.  She could (should) have got a jail sentence on those pleas.  Because she has no prior record, she gets probation for killing two people.... badly??

(At some point Jeffery Dahmer was a first offender.)

Negligent homicide is not murder, and she did not murder, lacking intent to kill.  But neg homicide still carries a possible jail sentence.

Even though it is the lowest category of homicide offenses, negligent homicide is still a serious offense. Punishment can range from probation to time in a penitentiary. In Alaska, the maximum penitentiary time is 10 years. In Texas, the punishment for negligent homicide ranges from 180 days up to 2 years in prison, with no possibility of parole. Overall, punishment in most states ranges from six months to 10 years for a negligent homicide conviction. (cit omitted)

My research showed TN crim code for neg homicide to be.....For a Class E felony, not less than one (1) nor more than two (2) years.

So she should have at least got one year for each body.  IMHO  


 

[Hooter]

  This involves a young female driver under the influence of pot and  using a cell phone. Driver was inattentive and falied to see a car making a left turn moving in the same direction. She swerved into oncomming traffic striking a bike head on at highway speed. It killed the husband and wife on the bike and injured the front and back seat passengers in the at fault vehicle.
  Just got warrants for: 2 counts neg hom and 1 more for an at fault accident causing injury for both passengers. Duid is still pending.

  Whats wrong with these people?!  I would definitely support a nation wide ban on ALL cell phone use in a motor vehicle with exception to 911 use. Maybe bringing some of these so called law makers to a scene, bagging bodies, and then having them deliver the death message to a victims family would boot someone in the ass. I DON'T ENJOY IT AT ALL!   

[Pete]

A somewhat different opinion.

She knew when she started texting and driving that she increased her chances of injuring or killing someone. Texting was not accidental she did it knowingly and on purpose.

Same situation as DUI, done knowingly with aforethought.

The only thing she did not know was who the victim would be.

So murder one is out, murder two is NOT.

[Hooter]

Key word in this is "intent". Typically dictates charges in any case. Just sayin. Not good no matter how we look at it.

[Skinhead]

The "intent" to murder is not there in DUI cases either, but there is no MAKBWT (Mothers Aganst Killing Bikers While Texting) yet to cause the hysteria (totally Justified) that resulted in the increased penalties and enforcement of DUI laws.

[Jess from VA]

It doesn't matter what she pleads to if a judge will give her probation.  Generally, murder one is premeditated (long) intentional murder, and murder two is instantly formed (short, but still) intentional murder (typically, caught in the act of adultery and killing someone instantly in hot blood).

These C-phone killings are not intentional killings.... but are willful, reckless, grossly negligent actions resulting in very foreseeable death or mayhem to others.  An SUV at 25-50mph is somewhat more deadly than a .38 special at 850 feet per second.  The level of negligence (driving a 3500lb weapon without looking) is no less than driving under the influence of drugs or alcohol.

I would not expect a 15-20yr to life sentence here, but if two years per killing is authorized, some jail time should be expected.

I have never belonged to a PGR group (and don't know what their charter says), but now that the Westboro clowns have backed off some (haven't they?), would not a criminal sentencing hearing on a texting/phone killing of a motorcyclist(s) be a good time to show the colors with a massive show-up to court?  Again, after getting permission/request from the surviving family members?

Any PGR members want to chime it?

[Patrick]

Its amazing to me that some states still do not have cell phone laws.

[Skinhead]

It doesn't matter what she pleads to if a judge will give her probation.  Generally, murder one is premeditated (long) intentional murder, and murder two is instantly formed (short, but still) intentional murder (typically, caught in the act of adultery and killing someone instantly in hot blood).

These C-phone killings are not intentional killings.... but are willful, reckless, grossly negligent actions resulting in very foreseeable death or mayhem to others.  An SUV at 25-50mph is somewhat more deadly than a .38 special at 850 feet per second.  The level of negligence (driving a 3500lb weapon without looking) is no less than driving under the influence of drugs or alcohol.

I would not expect a 15-20yr to life sentence here, but if two years per killing is authorized, some jail time should be expected.

I have never belonged to a PGR group (and don't know what their charter says), but now that the Westboro clowns have backed off some (haven't they?), would not a criminal sentencing hearing on a texting/phone killing of a motorcyclist(s) be a good time to show the colors with a massive show-up to court?  Again, after getting permission/request from the surviving family members?

Any PGR members want to chime it?

As a PGR member, I'm all for showing support of the bikers, but I think the PGR board members may want to reserve their support for our veterans.  I would totally support a BATKIBATGLOWASOTW (Bikers Against Texters Killing Innocent Bikers And Then Getting Let Off With A Slap On The Wrist) group getting organized and riding to trials.  I wouldn't want to try and fit that patch on my vest though.  Eric From Maryland might be able to pull it off.

[old2soon]

Skinhead has it right-it is ABSOLUTELY up to the National P G R board. When the doofus from westboro cashed in his chips National asked that IF we were going there to protest to PLEASE not wear or show P G R flags or P G R colors. I'd be happy to go as an individual biker to show MY support but if National asked us to NOT fly P G R flags or colors I would not. Myself personally am getting so sick of reading about bikers getting killed and then the sorry assed perps basically skating.  There is NO valid excuse for a cager running over us and killing us and YES I KNOW one size do not fit all. RIDE SAFE.

[Hooter]

   I totally agree Old.....Most of the time though it's the system that fails. Sentences are light and first offenders are given nothing. Judges have become soft too when it comes to sentencing. Officers work their hind ends off, go to court, the perp is found guilty, and only to have a sentence be vurtually nothing. For me it was always let down. But worse yet, the victims family had to deal with the loss of a loved one and what they also felt to be injustice. Just sucks thats all!
   I asked one of our retired judges a while back what the deal was today. He said today there too much effort trying to avoid over crowding in the system. So when I asked: "that is why people that commit major crimes are now being slapped on the wrist only to go out and repeat"? He said: "I don't know what to tell ya"? Tough on the attitude!

[Valker]

If negligence or carelessness in your vehicle causes the death of another, I think it should result in the lifetime loss of your driving privileges. If that ban is ignored, then incarceration. Folks who need transportation to work, where no public transportation is available, should be restricted to under 50cc moped type vehicles.