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re: State Rep. C. Denise Marcelle "seriously concerned" with arrest of mother whose baby died

Posted on 2/28/18 at 1:24 pm to
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
65681 posts
Posted on 2/28/18 at 1:24 pm to
quote:

She was driving a car with 7 people and onky 5 seat belts


nope
Posted by lsupride87
Member since Dec 2007
94905 posts
Posted on 2/28/18 at 1:24 pm to
quote:

contributory negligence


I just want to see the details on the "loose straps" and "not proper height"

Seems very convenient for the officer here
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30452 posts
Posted on 2/28/18 at 1:25 pm to
quote:

She was driving a car with 7 people and onky 5 seat belts. So she is responsible, tragic but responsible.
the mom was not driving
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18895 posts
Posted on 2/28/18 at 1:27 pm to
Too many people in vehicle. Driver was unlicensed. Kids were not wearing seat belts and were standing in the seats except for the one year old who was in the unsecured car seat. Driver made a left turn in front of the Vette. Regardless of his speed (which would be called a contributing factor in this case) the Nissan driver was at fault for the illegal left turn and failure to yield. Owner of vehicle was also charged for letting the unlicensed driver drive her car. The Vette could have been going 40 and the results would have been the same but speed still contributed to crash.

BTW, officer, dead baby, mother, driver were all black. So injecting race into this was stupid.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47463 posts
Posted on 2/28/18 at 1:28 pm to
quote:


Does anyone honestly believe they would have arrested a soccer mom for this? This will be an even bigger joke when the DA refuses the charges. I am betting the police didn't consult the DA prior to doing this.



Yall might be missing something that the picture helps explain. My first kid was born when this was new stuff but there's NO excuse 15 yrs later.
That base of the baby seat is mandated by law to be secured using LATCH technology. There's no little bit off here or there. It's secured or not. Older cars WITHOUT latch were given a pass back then but not sure it's an excuse anymore. My 2000 Honda Accord didn't have it but 2001 Civic did.

I can tell you that unless they cut the seat out to try and isolate and save that infant, the seat would still be attached to the actual bench/car seat in the Xterra.


Based on the charges it's safe to assume she either didn't have the seat secured at all or she just had a seat belt over it. That is illegal until the kid is in a booster seat.

LATCH CarSeats Explained
This post was edited on 2/28/18 at 1:30 pm
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30452 posts
Posted on 2/28/18 at 1:28 pm to
quote:

Or maybe the idiot officer driving 94 mph who hit them
buddy of mine in NO was going 35 through a green light tboned a car going through red - at about 15-20.. had 4 kids in back seat - 2 were in car seats NOT restrained 2 were sitting on adults laps...

all 4 little kids were hurt pretty badly.......... 94 or 35... kid's safety is the law.. follow it...
Posted by lsupride87
Member since Dec 2007
94905 posts
Posted on 2/28/18 at 1:29 pm to
quote:

That base of the baby seat is mandated by law to be secured using LATCH technology.
No, it isnt. And in my experience, the seat belt in most cars actually secires the base better, the latches are just easier to use


ETA: It has actually been proven seatbelts are better and safer than LATCH
This post was edited on 2/28/18 at 1:33 pm
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
65681 posts
Posted on 2/28/18 at 1:29 pm to
quote:

No!! She is at fault because she failed to yield as she made her turn and crossed into his path.


you slow or something?
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27169 posts
Posted on 2/28/18 at 1:29 pm to
quote:

X-terras have a third row and can seat 8 as well.....


This one didn't.






quote:

Brittany Stephens, 20, was arrested Tuesday after police found that her daughter's car seat was not secured and the straps were not adjusted correctly for the child's height, according to her arrest report. Police said the "lack of securing the seat to the vehicle and the loose straps are a contributing factor in the death" of the child and "show gross negligence" on the mother's part.

Stephens was not the driver but told officers she secured the car seat with the baby inside. Police spokesman Sgt. L'Jean McKneely said she was arrested because she "was the person responsible for the buckling of the car seat."

Stephens, of 3161 Winnipeg Drive, Baton Rouge, was booked Tuesday into Parish Prison on one count each of negligent homicide and seat belt violation.

The three other adults in the car with Stephens were also issued traffic citations Tuesday, McKneely said.

Breea Gross, 18, was driving when the crash occurred and was cited for driving without a license, seat belt violation and three counts of child safety restraint violation. Janice Gross, 40, was cited for allowing an unlicensed driver to drive her vehicle and seat belt violation. Seth Eames, 23, also cited for seat belt violation.

McKneely said there were more people riding in the vehicle than seats available.


I thought that the mother was the driver. However, the death of child is not the sole fault of the vette driver. There has to be more information as to why the mother is being charged and not the driver of the xterra.

Following this case will be interesting.

Posted by BR Tiger
Baton Rouge
Member since Mar 2004
4157 posts
Posted on 2/28/18 at 1:33 pm to
quote:

That base of the baby seat is mandated by law to be secured using LATCH technology.


You sure about that? I thought that was one option for securing the car seat but that securing it with a seat belt was also acceptable. Granted it’s been a while since I’ve had a kid in a car seat but that’s the way it was when I did.
Posted by lsupride87
Member since Dec 2007
94905 posts
Posted on 2/28/18 at 1:34 pm to
quote:



You sure about that? I thought that was one option for securing the car seat but that securing it with a seat belt was also acceptable. Granted it’s been a while since I’ve had a kid in a car seat but that’s the way it was when I did.


You are right, mike was wrong

Seatbelt is still safer and more effective. LATCH is just easier to do
Posted by TexasTiger1984
Houston
Member since Sep 2009
1375 posts
Posted on 2/28/18 at 1:35 pm to
We have a one year old son. When he was a couple of months old, my wife put him in the car seat and drove to the grocery store. When she got there, she realized that she forgot to strap him in. She called me crying b/c she was so upset. shite happens...
Posted by teke184
Zachary, LA
Member since Jan 2007
94870 posts
Posted on 2/28/18 at 1:35 pm to
Given the way those seats and mounts are designed, that seat shouldn’t have gone anywhere if it were hooked up correctly.

It should have been hooked to the mount in the backseat and strapped with the regular seatbelt as well.

The way those hooks work, you’d be more likely to see the belt tear apart than the hook come undone from the mount.


That doesn’t excuse the piece of shite cop by any means, as he’s still the one who hit the car, but a properly mounted seat would have greatly reduced the chances of a fatality.
Posted by Alt26
Member since Mar 2010
28256 posts
Posted on 2/28/18 at 1:37 pm to
quote:

contributory negligence


In a civil case, absolutely. But, I think it is a fair question to raise if the mother's actions, or lack thereof warrant criminal charges of negligent homicide? AND would such charges have been brought if the other party involved wasn't a BR City Policeman?

I can't say I often agree with C. Denise, but I'm inclined to think she raises a fair question. Is this law enforcement trying to shift the blame for the reckless behavior of one of their own?
Posted by lsupride87
Member since Dec 2007
94905 posts
Posted on 2/28/18 at 1:39 pm to
quote:

It should have been hooked to the mount in the backseat and strapped with the regular seatbelt as well.
You see, this is my point in this thread

What you just posted is incorrect. It is considered improper and unsafe to use both the latch mounts and seat belts......


So you yourself would technically be negligent
Posted by TROLA
BATON ROUGE
Member since Apr 2004
12295 posts
Posted on 2/28/18 at 1:42 pm to
quote:

"lack of securing the seat to the vehicle and the loose straps


As in it wasnt even attached or just incorrectly.. If it wasnt secured at all, I can understand the charge.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47463 posts
Posted on 2/28/18 at 1:43 pm to
quote:

Given the way those seats and mounts are designed, that seat shouldn’t have gone anywhere if it were hooked up correctly.

It should have been hooked to the mount in the backseat and strapped with the regular seatbelt as well.

The way those hooks work, you’d be more likely to see the belt tear apart than the hook come undone from the mount.



When I got trained on baby seats in 2003, LATCH was new and the cop at Woman's Hospital said,

"You have to run the seatbelt THROUGH the base if you don't have LATCH in your vehicle."

You're right. Had the seatbelt been secured THROUGH the base, it would still be in the vehicle.

Lsupride87 is an ole fricker and probably talking about his grandkids.

I will fight you at Sonic if you try and tell me Latch is less effective than a seatbelt.
A seat can easily tip 90 degrees if secured in the middle of back seat using a seatbelt. Latch puts equal tension on both sides.

87 is a Retard selling you on seatbelts over LATCH for safety reasons.

Posted by jrodLSUke
Premium
Member since Jan 2011
22072 posts
Posted on 2/28/18 at 1:44 pm to
quote:

I thought that the mother was the driver. However, the death of child is not the sole fault of the vette driver. There has to be more information as to why the mother is being charged and not the driver of the xterra.

That mother was charged for no other reason than to lessen the civil liability on the officer. It's sad.

quote:

The arrest came two weeks after Baton Rouge police officer Christopher Manuel, 28, was arrested on a count of negligent homicide — the same count as Stephens — and speeding in the incident.


Dude was doing 94 mph down Airline.
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 2/28/18 at 1:45 pm to
quote:

Anonymous95

Gravy, is that you?
Posted by lsupride87
Member since Dec 2007
94905 posts
Posted on 2/28/18 at 1:48 pm to
quote:

Lsupride87 is an ole fricker and probably talking about his grandkids.

I will fight you at Sonic if you try and tell me Latch is less effective than a seatbelt.
A seat can easily tip 90 degrees if secured in the middle of back seat using a seatbelt. Latch puts equal tension on both sides.

87 is a Retard selling you on seatbelts over LATCH for safety reasons.

I have a 2 year old now

My wife is a labor and delivery nurse who takes classes on car seat safety

Studies have shown seatbelt metho is safer

I am sorry mike. You were wxtrmeely wrong when you said latch was mandated by law

You are simply wrong when saying latch is safer


Basically, the study's have shown latch will often perform better in actual crashes because it has a higher percentage chance to be installed correctly

However, if both installed properly, a seatbelt is better because due to the configuration, it has pressure points at multiple locations meaning it can sustain a greater pull force in a crash


There is no need for you to be angry
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