Teen Texter In Massachusetts Guilty Of Vehicular Homicide
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A couple of weeks ago, we asked the question, "If you text someone who's driving, can you go to jail if he crashes?"
By and large, you all said that the sender of that text message shouldn't be held liable. The judge in that New Jersey case agreed.
But in Massachusetts, a case came to court with much less gray area. And it should serve as a reminder that America's growing number of anti-texting laws have consequences for those who disobey them.
On February 20, 2011, a car driven by high schooler Aaron Deveau crashed into a vehicle driven by Donald Bowley. Bowley was killed, and his girlfriend was seriously injured.
Deveau claimed that he was tired from working that day and was distracted by worries about his homework. However, the prosecution produced phone records showing that Deveau was texting moments before the collision.
It took the jury less than four hours of deliberation to find Deveau -- now 18 -- guilty on two counts: vehicular homicide and texting while driving. Judge Stephen Abany sentenced Deveau to two and a half years imprisonment on the former charge and two on the latter, though the sentence was ultimately reduced to one year in jail, three years of probation, the loss of Deveau's driver's license for 15 years, and a monetary sum that has yet to be determined.
While citations under Massachusetts' anti-texting law are fairly common, this is the first time in the state's history that anyone has been convicted of vehicular homicide while texting.
Will Deveau's sentence make drivers think twice before texting? Did Abany send a strong message, or will drivers need something else to break them of the habit? Let us know your thoughts via email or in the comments below.
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Question, did the pre-trial discovery determine who initiated the call? How much blame would be put on an off-board person who did that, or even the one HE called if s/he knew he was driving? My personal experience is that talking or texting is about as bad.
Driving while distracted in congested traffic is always difficult because being aware of your surroundings is important whether driving or flying.
That is the problem with drivers today. They think the rules are for the other guy, and rationalize breaking them with the ridiculous rationaliztion made by you.
When will you people in cars, restaurants, movie theaters and other public forums understand that you only use the phone serendipitously because you can? We existed many years without having to have a phone glued to our ear. It is really easy to ignore a call and then return it when you have the privacy that has always in the past been expected while phoning!
Even listening to talk radio can be distracting depending upon the subject and level of host/visitor agitation. What do you think about that?
think about it, how is this different from 50 thousand other distractions one could be doing in a car lets see
ive seen doing make up, changing a babys diaper, reading the newspaper, smoking, playing psp, playing anything hand held, listening to music and bouncing around in car clearly not paying attention, seen people driving with no shoes and one foot out the window, the list goes on and on
also, how do they know he was the one sending texts, that would be my defense,
prove to me and the court i was the one texting....... no one can unless eye witness
case closed
NO EVIDENCE. {the crash occurred} But he wasn't on a cell phone but gazing at a beautiful sexy woman walking on the sidewalk.
He is guilty in the EVIDENCE and NO EVIDENCE scenario and should go to jail in the NO EVIDENCE scenario. But he wouldnt be convicted in the NO EVIDENCE scenario becuase his attorney(s) wouldnt allow the court to convict him in the NO EVIDENCE scenari.
It doesnt have nothing to do with intent or premeditation which is present in shootings stabbings etc. and if someone planned to kill someone with a vehicle.
Sometimes a crime of passion occurrs when a normal person "losses it" and kills someone.
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