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Started By
Message
Cop typing an email hits/kills cyclist. No charges cause "email was about work".
Posted on 8/29/14 at 8:56 am
Posted on 8/29/14 at 8:56 am
LINK
quote:
California prosecutors have declined to file charges against a sheriff's deputy who struck and killed a man with his patrol car last year.
Deputy Andrew Wood was apparently distracted by his computer when his patrol car drifted into the bike lane, running over cyclist Milton Olin Jr.
Prosecutors said that because Wood was acting within the course of his duties when typing on his computer, criminal charges are not warranted.
The victim’s family have filed a wrongful death lawsuit against the Sheriff's Department and accused Wood of negligence.
Olin’s loved ones also started an online petition on Change.org demanding that charges be brought against the deputy. So far, more than 67,000 people have signed.
15
Posted on 8/29/14 at 8:57 am to Vols&Shaft83
Posted on 8/29/14 at 8:58 am to Vols&Shaft83
The Tony Stewart defense. Good idea.
Posted on 8/29/14 at 9:00 am to Vols&Shaft83
Olin made the fatal mistake of being in the way.
Posted on 8/29/14 at 9:02 am to Vols&Shaft83
This may be the most egregiously dumb reasoning I will read all week.
Posted on 8/29/14 at 9:07 am to Vols&Shaft83
Well, to be fair, there were no charges filed against the lady who ran off of Bluff Road and killed two kids. So it's not just cops.
Oh, and this is B.S. So as long as your using your car as a moving office this is okay.
quote:
Prosecutors said that because Wood was acting within the course of his duties when typing on his computer, criminal charges are not warranted.
Oh, and this is B.S. So as long as your using your car as a moving office this is okay.
This post was edited on 8/29/14 at 9:08 am
Posted on 8/29/14 at 9:08 am to Tchefuncte Tiger
what BS. One can be completely wreckless when performing duties, and should be held accountable.
Posted on 8/29/14 at 9:08 am to Tchefuncte Tiger
Was she typing and driving?
Posted on 8/29/14 at 9:09 am to Vols&Shaft83
Shouldn't surprise anyone. They are above the very law they are supposed to enforce.
Posted on 8/29/14 at 9:12 am to BobBoucher
Apparently California law makes an exception for the use of electronic devices by officers while driving.
If that's the case, the result is correct - he can't be criminally negligent when the law allows him to do exactly what he was doing.
The issue is with the exception, not the result.
If that's the case, the result is correct - he can't be criminally negligent when the law allows him to do exactly what he was doing.
The issue is with the exception, not the result.
Posted on 8/29/14 at 9:13 am to Tchefuncte Tiger
quote:
Well, to be fair, there were no charges filed against the lady who ran off of Bluff Road and killed two kids. So it's not just cops.
Was she proven to be typing an email? Charges usually aren't filed in true accidents.
Posted on 8/29/14 at 9:20 am to FalseProphet
quote:
he can't be criminally negligent when the law allows him to do exactly what he was doing.
I have the right to rub my eye while driving but if that action causes me to swerve and kill someone then I should be held accountable for their death even if the proceeding action was not prohibited by law.
Even if he has the authority to use his electronic devices he still has an obligation not to kill someone while doing so.
This post was edited on 8/29/14 at 9:22 am
Posted on 8/29/14 at 9:22 am to FalseProphet
quote:
The issue is with the exception, not the result.
Correct, that's the problem I have as well.
Posted on 8/29/14 at 9:24 am to Erin Go Bragh
quote:
I have the right to rub my eye while driving but if that action causes me to swerve and kill someone then I should be held accountable for their death even if the proceeding action was not prohibited by law.
Do you think you are going to get charged with criminally negligent homicide for rubbing your eye?
This has nothing to do with civil liabilty - it has everything to do with whether he should be subjected to criminal prosecution.
The law says he could do exactly what he was doing (according to the article).
Posted on 8/29/14 at 9:25 am to BobBoucher
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. Posted on 8/29/14 at 9:26 am to FalseProphet
quote:
Do you think you are going to get charged with criminally negligent homicide for rubbing your eye?
Yes, I would expect to be charged. If my negligence resulted in the death of another I should be charged.
This post was edited on 8/29/14 at 9:27 am
Posted on 8/29/14 at 9:27 am to Erin Go Bragh
quote:
Yes, I would expect to be charged. If my nehligence resulted in the dearh of another I should be charged.
Jesus. I'm glad you don't write laws or enforce them.
Accidents happen, even when everyone is following the law perfectly.
Posted on 8/29/14 at 9:29 am to FalseProphet
quote:
Jesus. I'm glad you don't write laws or enforce them.
Back at ya.
quote:
Accidents happen, even when everyone is following the law perfectly.
Negligence is not an accident
Posted on 8/29/14 at 9:35 am to Erin Go Bragh
quote:
Negligence is not an accident
Let me know when you understand that civil negligence is not always criminal negligence.
Posted on 8/29/14 at 9:47 am to FalseProphet
quote:
Let me know when you understand that civil negligence is not always criminal negligence
According to everything I just read on the subject this cop could most certainly be charged.
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