re: Tragic series of events in LP leaving 2 BR children dead...

quote:

---

Jerry Ervin III, 26

---

should be charged with negligent homicide

quote:

---

Travis Rose, 50

---

received the correct charge of vehicular homicide.

quote:

---

LA Rev Stat § 14:32.1 §32.1.
Vehicular homicide
A. Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing:

---

My guess would be that the "proximately" portion applies. He was driving a vehicle immediately before the accident that directly resulted in the accident that caused the deaths.

quote:

---

vehicular homicide

---

Here's the statute. Could be, although this will be a non-traditional reading of that statute. Maybe some criminal lawyers can come into the thread and enlighten us about this application:


§32.1. Vehicular homicide

A. Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing:

(1) The operator is under the influence of alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662.

(2) The operator's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.

(3) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.

(4) The operator is under the influence of alcoholic beverages.

(5)(a) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.

(b) It shall be an affirmative defense to any charge under this Paragraph pursuant to this Section that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol.

(6) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.

B. Whoever commits the crime of vehicular homicide shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or without hard labor for not less than five years nor more than thirty years. At least three years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. If the operator's blood alcohol concentration is 0.15 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. If the offender was previously convicted of a violation of R.S. 14:98, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The court shall require the offender to participate in a court-approved substance abuse program and may require the offender to participate in a court-approved driver improvement program. All driver improvement courses required under this Section shall include instruction on railroad grade crossing safety.

quote:

---

In Louisiana, that charge RS 14:32.1 is only available when the operator is impaired in some way, so this is bad reporting or mischarging by the authorities.

---

The driver who lost the compactor is suspected of being impaired. Not sure if that changes anything, but may explain the reasoning behind that charge.

Just saw on FB the accident happened very near Arbor Walk DR. LINK

How in the hell do you not see traffic triangles approaching on that long of a straight away?

Senseless

quote:

---

t's FB... take it for granted that whoever posted it is a misinformed idiot.

Walker South has some bad curves.

---

and my assumption is that it did occur in one of those curves. Guess i'll just ignore her.

quote:

---

Failure to Secure Load seems logical but can you prove that he knew it fell out of his truck?

---

Bottom line if you don't secure, you're responsible, whether you know it or not.
Same with a hit and run. Imagine hitting someone and just keep going. "Oh, I hit someone? I didn't know that I did, so I'm good? K, thanks. See you later "

quote:

---

Wait, something fell out of his vehicle and he is charged with vehicular homicide and felony hit and run? I don't get it.

---

The hit and run portion is a little perplexing, but vehicular homicide makes sense according to the statutes posted in this thread. He was drunk and lost a compactor out of the back of his vehicle/trailer.

Let's get a little more hate to the 4Runner driver.........frick that tPOS.