You remember when Brandon High student Cam White was killed because he tried to cross the street to school? The young lady who blew through the crosswalk was not charged with a criminal offense. That’s right – the child killer was issued simply a traffic citation.
This is OUTRAGEOUS! How can someone drive over our kids – kids who were in a crosswalk! – and not be charged with a crime?
The timeline afterward is fishy, too. Apparently the killer, Kami Bell was issued the ticket on December 11 – a FULL WEEK after the incident. Furthermore, the news about the ticket did not come out until December 29 – 2 and a half weeks later (and just in time for Friday’s paper, when no one pays attention).
Oh, and that news was quickly followed up by the old “We’re going to fix that crosswalk much sooner now!:
There is no doubt in my mind that Kami Bell had no intention of committing that horrible mistake. And I would guess the episode will continue to haunt her until the day she dies. But what did you learn about this? What did other cell-phone talking, make-up applying, newspaper reading, idiot drivers learn?
That there are no consequences for your deadly inattention.
You can kill a child and remain free to take more shots every day.
Jason
3 years ago
This is consistent with several other accidents in the bay area of the past few years right? Wasn’t there a girl nearly killed while crossing Busch by Chamberlain last year and of course the dance instructor who fled the scene in North Tampa (she was never charged with a crime except for leaving the scene)? These are accidents after all, should we treat them as crimes? Was there criminal intent or negligence or was this after all just a horrible accident? Would we expect criminal charges had she ran a stop sign and hit another car, killing the driver, or would we understand that was an accident as well? Do we want to criminalize an accident that any of us could easily have been guilty of? I know that I have made mistakes on the road in the past 17 years I have been a driver. Luckily none have resulted in injury or death but they could have. I once rear ended a car at a red light because it was raining at night and I was tired. Everybody was ok but what if they had not been? What if the woman I hit had snapped her neck due to the impact, would I be a murderer? How many years would I have served? Lets also think about what the purpose in defining a crime is, namely deterrent. Since mistakes are a part of life will criminalizing those mistakes make you less likely to commit them? Will the average person driving down the road put down their cell (and was she on her cell?) because they might face a prison term but not care that they might kill somebody? I should note that I have no children, which certainly affects my feelings. I don’t doubt I would feel differently if I had a child that I could see in the boys situation. Maybe that means that it is a good thing I don’t get to decide what is a crime and what is not. Maybe the current law removes emotion and anger from deciding the drivers fate and maybe, just maybe, that is a good thing?
dcdave
3 years ago
First of all, there is a difference between poor visibility in the rain, (something over which you have no control) and talking on your cellphone (something over which you have control, even if you’re addicted). The State of New York has banned talking on mobile phones while you drive for similar reasons, as has the District of Columbia. These laws are a deterrent. If people break them, the government can collect a fine which can then be used towards further enforcement of the law. The trick is making the penalty stiff enough to work.
If there is a legitimate accident, I can see a person being treated leniently, but if the “accident” is the fault of carelessness, indifference or idiocy, then throw the book at them.
Jason
3 years ago
Was she on the phone? I have read little about this case. In Florida unless you are speeding or under the influence “the book” is pretty much a ticket.
Jason
3 years ago
Also if the police are to treat some folks leniently are we going to leave that decision to the traffic investigator? Some here have been unhappy with the amount of discretion individual officers have so I am not sure how well received it would be when an officer chooses to write a ticket when the public is demanding blood. I don’t have a problem with a law regarding cell phones (am I would be guilty of breaking it I am sure) but how do we enforce it with the myriad of hands free choices? At what point it is a citable offense to talk too much with your passengers or kids in the back seat? Or is it only a violation up north if you are using a hand for holding the phone rather than driving?
voxpopuli
3 years ago
There are far too many incidents of people being cleared and in some cases NOT EVEN CITED for what might be outright murders for all we know. This could be payback between gangs or any other type of behavior. All it takes is one or several traffic investigators on the take or in the ‘advance know’. There are many things suspicious about this particular incident and sadly this is one of thirty or so within the last two years. When a person doesn’t get charged for running someone over perhaps they are just fine actors or actresses. Pretending an upset they don’t feel
tommy
3 years ago
Jason – Yes, it is consistent with recent cases. In the incident near Chamberlain High School, the driver ran through a red light hitting a student. That driver simply got a ticket for running a red light. http://sticksoffire.com/2006/01/09/safety-zone-for-no-one/
So the law is consistent. Which makes people around here getting run over fairly consistent too. Florida’s pedestrian deaths consistently rank among the highest in the nation: http://www.dot.state.fl.us/Safety/ped_bike/ped_bike_reports.htm#Transportation Issues: Pedestrian Safety
Give me a solution.
Jason
3 years ago
“Give me a solution.”
Don’t be a pedestrian, it seems hazardous.
What is the difference between the Bay area and other areas with fewer pedestrian deaths? More crosswalks, more sidewalks? Better controls such as lights and speed bumps? Other traffic calming tools such as roads left intentionally rough or brick pavers at crosswalk s to slow traffic? Pedestrian bridges and tunnels? More public transportation? Better public education? Softer cars? Criminal enforcement of traffic violators?
tampafilmfan
3 years ago
I’ve been looking some thing up on http://www.leg.state.fl.us, the “official internet site of the Florida Legislature.”
316.027(1) — 3rd degree felony — “accidents involving personal injuries; failure to stop; leaving the scene”
316.027(1)(b) — 2nd degree felong — “accident involving death; failure to stop; leaving the scene”
782.071(1) — 3rd degree felony — “killing of a human being by the operation of a motor vehicle in a reckless manner (vehicular homicide)”
787.071(2) — 2nd degree felony — “committing vehicular homicide and failing to render aid or give information”
Sounds like there are some laws already in existence, but not being used. Is this a city thing? A county thing? Too hard to prove or investigate?
Any attorneys or law enforcement officers want to weigh in? I’d really like to know. I understand that there are sometimes true car accidents that are out of the driver’s control that might result in someone else’s death. But there are so many that ARE in the driver’s control. And I’m not even talking about driving while drinking (that’s a whole other rant). Why is killing someone accidentally with a car less important than accidentally killing them in another way? It’s illegal to leave a loaded handgun out in reach of a minor who uses it to inflict injury or death. It’s illegal to not put a fence around your pool to prevent backyard drownings. Are those laws not enforced either? Do those offenders merely receive tickets?
I’d like to know what the sheriff’s office’s “certain guidelines” are (as quoted by John Duran of the sheriff’s office in the St. Pete Times article Tommy linked to in his post.)
Jason
3 years ago
782.071(1) — 3rd degree felony — “killing of a human being by the operation of a motor vehicle in a reckless manner (vehicular homicide)â€
After the Chamberlain kid I recall it being explained that there had toi be some sort of aggravating factor to make it homicide. Excessive speed and dui were cited the most. From the previous post of Tommy’s I found my comment and although the material seems to have been take offline here I what I founf at the time.
this is from Drunk Driving and Related Vehicular Offenses, Fourth Edition on Lexis Nexis
“Such statutes requiring proof of death by the operation of a motor vehicle in a
reckless manner
33
traditionally define recklessness as a “willful and wanton
disregard for the safety of others.â€
34
This means that the prosecution must prove
that the defendant engaged in willful and wanton driving behavior rather than
ordinary negligence.”
Catherine
3 years ago
I’ve long argued that one of the only ways to make Florida streets safer for pedestrians is to put some meat behind these laws. The law is pretty clear: you stop, your sober, you kill someone – that’s ok. The roads are for cars and everyone else is a invasive species. Until there is some real consequence for killing people crossing/biking on roads then drivers will continue to act without courtesy or consideration. Catherine.
Sandy
3 years ago
Cripes! If you guys didn’t have someone to point at you’d just curl up and die. I don’t remember reading the driver was on her phone or applying makeup…and she’s a teacher, for crissakes, how do you THINK she’s going to be feeling? I’s the laws, stupid. This ranting about “killing our kids” is all chesty and all but amateur cops all have 20/20 vision. It was an accident. They happen. Finger pointing doesn’t solve anything, never has, never will.
Accident. That crosswalk has been there forever and this is the first tragic accident. Instead of quoting statutes maybe you should look up the word: it’s accident.