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re: Cop typing an email hits/kills cyclist. No charges cause "email was about work".

Posted on 8/29/14 at 9:50 am to
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 8/29/14 at 9:50 am to
I wonder if they have a regulation not to use the computer while driving? I bet they do and it's a requirement of their insurance.
Posted by Pinecone Repair
Burminham
Member since Nov 2013
7156 posts
Posted on 8/29/14 at 9:50 am to

That's absolute bull shite! Would the same "it was work related" excuse apply to a Realtor who was emailing a client? There is no excuse for his reckless behavior. The fact that he won't be charged adds fuel to the mistrust many feel towards law enforcement.
Posted by idlewatcher
County Jail
Member since Jan 2012
79177 posts
Posted on 8/29/14 at 9:50 am to
I'd sign that in a heartbeat.

A cop in CHP ossifer pulled me over last year for thinking I was texting while driving, but I was just moving my phone to the passenger seat b/c it slipped between the seats.

He checked my phone and let me go. Yet it's ok for him to email while driving? What a clusterfrick.
Posted by JayDeerTay84
Texas
Member since May 2013
9847 posts
Posted on 8/29/14 at 9:51 am to
quote:

Let me know when you understand that civil negligence is not always criminal negligence.


Yet, we get pulled over for doing what this guy did. Worse, if we kill someone doing this, manslaughter.
Posted by Lsut81
Member since Jun 2005
80155 posts
Posted on 8/29/14 at 9:53 am to
Absolutely fricking ridiculous... Yeah yeah, its the "Law" that he is allowed to play on his computer while driving, but if he was distracted, he should be charged with negligent homicide.


You can legally eat food in your car, but you can bet your arse if you got distracted while scarfing down some french fries and killed a guy, you'd be charged with the quickness.
Posted by Napoleon
Kenna
Member since Dec 2007
69102 posts
Posted on 8/29/14 at 9:54 am to
well had that been you or me, we would have manslaughter charges.

Must be nice to enforce the rules and not have to follow them.
Posted by sec13rowBBseat28
St George, LA
Member since Aug 2006
15379 posts
Posted on 8/29/14 at 9:55 am to
I'm surprised this doesn't happen more often. I ALWAYS see cops driving with one hand on the steering wheel and the other hand propped up on the their laptop.
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 8/29/14 at 10:00 am to
quote:

Yet, we get pulled over for doing what this guy did. Worse, if we kill someone doing this, manslaughter.


Because the law prohibits us from doing this. It specifically says he can (again, according to the article).
Posted by JayDeerTay84
Texas
Member since May 2013
9847 posts
Posted on 8/29/14 at 10:03 am to
quote:

Because the law prohibits us from doing this. It specifically says he can (again, according to the article).


Thanks for making the point......

Cops > civilians.
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 8/29/14 at 10:06 am to
I already said the problem is the exception for cops.

If the law is what the article says, then the result is correct. The exception for cops is the problem.
Posted by Lsut81
Member since Jun 2005
80155 posts
Posted on 8/29/14 at 10:08 am to
quote:

If the law is what the article says, then the result is correct. The exception for cops is the problem.



But like I said a few minutes ago, just because something is legal, doesn't meant you're excused from the negative results of it.


People are allowed to eat and drink in their cars, but if they get distracted by it and kill someone, they are charged.... How is that any different than this
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 8/29/14 at 10:14 am to
quote:

People are allowed to eat and drink in their cars, but if they get distracted by it and kill someone, they are charged.... How is that any different than this


I honestly can't recall seeing anyone charged with criminally negligent homicide (or manslaughter) for eating food in the vehicle. I don't recall anyone being charged for changing the radio. I don't recall anyone being charged for reaching for something on the floor board.

It's negligence, clearly, but I don't think it's criminal negligence. They'll lose their arse in civil court.
This post was edited on 8/29/14 at 10:15 am
Posted by Lsut81
Member since Jun 2005
80155 posts
Posted on 8/29/14 at 10:34 am to
quote:

It's negligence, clearly, but I don't think it's criminal negligence. They'll lose their arse in civil court.


I guess I'm using the wrong word... Vehicular homicide?

Either way, the cop should be charged with something. Its bullshite that he can run someone over because he was distracted and get off without any punishment
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 8/29/14 at 10:46 am to
quote:

Either way, the cop should be charged with something. Its bullshite that he can run someone over because he was distracted and get off without any punishment


I agree. The stupid California legislature made a stupid exception to the law that allows an officer to operate electronic devices while driving a vehicle. They should be charged, but the legislature made an exception for them. As I read the article, I think the prosecutor probably made the right decision - which is a horrible result of a choice the legislature made.

And, I don't know squat about California law, so I don't know if there is something else he can be charged with. If I recall correctly, vehicular homicide in Louisiana only occurs when someone is intoxicated.

ETA: The result would be similar if the legislature passed a statute saying an officer cannot be liable for homicide, manslaughter, or murder for shooting a civilian.
This post was edited on 8/29/14 at 10:48 am
Posted by Zahrim
McCamey Texas
Member since Mar 2009
7667 posts
Posted on 8/29/14 at 10:49 am to
quote:

The victim’s family have filed a wrongful death lawsuit against the Sheriff's Department and accused Wood of negligence.


Good
Posted by PuntBamaPunt
Member since Nov 2010
10070 posts
Posted on 8/29/14 at 10:54 am to
quote:

‘Wood briefly took his eyes away from the road precisely when the narrow roadway curved slightly to the left without prior warning, causing him to inadvertently travel straight into the bike lane, immediately striking Olin.’


blaming the road
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63031 posts
Posted on 8/29/14 at 10:56 am to
It's funny that you get fined in CA if you talk on your phone, even though your eyes are on the road. This idiot can look down at his computer and completely disregard the road and he's safe. What a terrible rule in an equally terrible state.
Posted by socraticsilence
Member since Dec 2013
1347 posts
Posted on 9/1/14 at 6:26 pm to
Curious, so if the cyclist had been riding with someone and the guy did as the shooter in the DUI case talked about on the board did is there any chance in hell he would have even reached trial?


Seriously though, Cops are basically above the law at times unless one of their own turns them in.
Posted by socraticsilence
Member since Dec 2013
1347 posts
Posted on 9/1/14 at 6:27 pm to
quote:

One can be completely wreckless when performing duties, and should be held accountable.
at the notion of holding cops accountable. They whine and bitch about how they shouldn't be held accountable for anything because they have a "dangerous" job.


So do Firefighters, but I feel like if one took an axe to a dude, somehow he'd be prosecuted.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 9/1/14 at 6:30 pm to
quote:

The stupid California legislature made a stupid exception to the law that allows an officer to operate electronic devices while driving a vehicle.


You act like the Louisiana legislature wouldn't do the same thing. Cops are basically above the law in Louisiana.

eta: Louisiana has a similar law, yet I see cops on the computer while driving all the time.
This post was edited on 9/1/14 at 6:33 pm
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