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R8RFAN
04-21-2011, 03:26 PM
Boy, 16, charged with killing his mother after crashing the car they were driving in


Read more: http://www.dailymail.co.uk/news/article-1379006/16-year-old-slammed-vehicular-homicide-charge-mother-dies-car-accident.html#ixzz1KBvDpceP

A 16-year-old boy, whose mother died when the car he was driving crashed, has been charged with vehicular homicide.
The boy, from Atlanta, Georgia, who has not been named, and his devastated family had laid Kimberly Michelle Nichols, to rest, days before he received the charge.
Calling it 'a very tragic case,' a police spokesman said that authorities were simply following the law.

'We can't just pick and choose what we think is appropriate based on the emotion of the incident,' Cobb County Police spokesman, Dana Pierce, said.

'We did what we were legally required to do by Georgia law.'

The teenager had been driving to an orthodontist appointment with his mother last week.
He had attempted to turn left at an intersection when a car struck his vehicle's passenger side, killing the 45-year-old, according to police.

Police charged the teen, who was not named, with second-degree vehicular homicide and failure to yield the right of way. He will be prosecuted in juvenile court.

Detoxing
04-21-2011, 03:27 PM
Remind me to never get in a car crash in Atlanta.

Lzen
04-21-2011, 03:28 PM
That is insane.

Sofa King
04-21-2011, 03:28 PM
:facepalm:

R8RFAN
04-21-2011, 03:29 PM
As if this kid does not have enough guilt to live with the rest of his life.

blaise
04-21-2011, 03:30 PM
I hope his father sues him for millions.

Mr. Plow
04-21-2011, 03:32 PM
So wait....am I reading that correctly. The kid was driving his mom, they got into a crash, the mom died, and because the kid was driving they are charging him with manslaughter?

Pants
04-21-2011, 03:33 PM
If that happened to me at 16, I would probably get broken and stay broken for the rest of my life. Jesus...

If the kid was close to his mom, I guarantee he doesn't even care about the charge.

kstater
04-21-2011, 03:34 PM
I would assume they prosecute all deadly accidents this way.


In the state of Georgia (http://en.wikipedia.org/wiki/Georgia_%28U.S._state%29), vehicular homicide is more properly known as homicide by vehicle. It is defined, by statute, as the unlawful killing of another person using a vehicle. To be guilty of the offense, the perpetrator does not have to have an intent to kill (http://en.wikipedia.org/wiki/Mens_rea), malice aforethought (http://en.wikipedia.org/wiki/Malice_aforethought), or premeditation (http://en.wikipedia.org/wiki/Premeditation).<sup id="cite_ref-Trapp_5-0" class="reference">[6] (http://en.wikipedia.org/wiki/Vehicular_homicide#cite_note-Trapp-5)</sup>
There are two degrees of vehicular homicide:
<dl><dt>First degree homicide by vehicle</dt><dd>This is a felony (http://en.wikipedia.org/wiki/Felony), that upon conviction will result in a sentence of between 3 and 15 years of imprisonment (http://en.wikipedia.org/wiki/Imprisonment) (or between 5 and 20 years for habitual violators), with no parole for at least 1 year. A homicide is first degree homicide by vehicle if the driver "unlawfully met or overtook a school bus; unlawfully failed to stop after a collision; was driving recklessly (http://en.wikipedia.org/wiki/Recklessness_%28criminal%29); was driving while under the influence of alcohol or drugs; failed to stop for, or otherwise was attempting to flee from a law enforcement officer; or had previously been declared a habitual violator".<sup id="cite_ref-Trapp_5-1" class="reference">[6] (http://en.wikipedia.org/wiki/Vehicular_homicide#cite_note-Trapp-5)</sup></dd><dt>Second degree homicide by vehicle</dt><dd>This is a misdemeanor (http://en.wikipedia.org/wiki/Misdemeanor), that upon conviction will result in a sentence of up to 1 year (which may be suspended) or a fine of up to US$1,000 (or both). Second degree homicide by vehicle encompasses all other homicides by vehicle, involving any other violation of the laws governing motor vehicles, that are not classed as first degree homicides.<sup id="cite_ref-Trapp_5-2" class="reference">[6] (http://en.wikipedia.org/wiki/Vehicular_homicide#cite_note-Trapp-5)</sup></dd></dl>

R8RFAN
04-21-2011, 03:34 PM
So wait....am I reading that correctly. The kid was driving his mom, they got into a crash, the mom died, and because the kid was driving they are charging him with manslaughter?
Sadly, he pulled out in front of a car...

R8RFAN
04-21-2011, 03:35 PM
I would assume they prosecute all deadly accidents this way.


In the state of Georgia (http://en.wikipedia.org/wiki/Georgia_%28U.S._state%29), vehicular homicide is more properly known as homicide by vehicle. It is defined, by statute, as the unlawful killing of another person using a vehicle. To be guilty of the offense, the perpetrator does not have to have an intent to kill (http://en.wikipedia.org/wiki/Mens_rea), malice aforethought (http://en.wikipedia.org/wiki/Malice_aforethought), or premeditation (http://en.wikipedia.org/wiki/Premeditation).<sup id="cite_ref-Trapp_5-0" class="reference">[6] (http://en.wikipedia.org/wiki/Vehicular_homicide#cite_note-Trapp-5)</sup>
There are two degrees of vehicular homicide:
<dl><dt>First degree homicide by vehicle</dt><dd>This is a felony (http://en.wikipedia.org/wiki/Felony), that upon conviction will result in a sentence of between 3 and 15 years of imprisonment (http://en.wikipedia.org/wiki/Imprisonment) (or between 5 and 20 years for habitual violators), with no parole for at least 1 year. A homicide is first degree homicide by vehicle if the driver "unlawfully met or overtook a school bus; unlawfully failed to stop after a collision; was driving recklessly (http://en.wikipedia.org/wiki/Recklessness_%28criminal%29); was driving while under the influence of alcohol or drugs; failed to stop for, or otherwise was attempting to flee from a law enforcement officer; or had previously been declared a habitual violator".<sup id="cite_ref-Trapp_5-1" class="reference">[6] (http://en.wikipedia.org/wiki/Vehicular_homicide#cite_note-Trapp-5)</sup></dd><dt>Second degree homicide by vehicle</dt><dd>This is a misdemeanor (http://en.wikipedia.org/wiki/Misdemeanor), that upon conviction will result in a sentence of up to 1 year (which may be suspended) or a fine of up to US$1,000 (or both). Second degree homicide by vehicle encompasses all other homicides by vehicle, involving any other violation of the laws governing motor vehicles, that are not classed as first degree homicides.<sup id="cite_ref-Trapp_5-2" class="reference">[6] (http://en.wikipedia.org/wiki/Vehicular_homicide#cite_note-Trapp-5)</sup></dd></dl>

I think the kid has paid enough already and will continue to do so for the rest of his life.....

I feel so bad for them...

blaise
04-21-2011, 03:37 PM
I think they probably have to do it this way, and then let the judge dismiss it somehow, or give him some sort of way out.

Pants
04-21-2011, 03:38 PM
I think the kid has paid enough already and will continue to do so for the rest of his life.....

I feel so bad for them...

The law is the law. I'm sure the judge won't be very harsh with the kid.

R8RFAN
04-21-2011, 03:38 PM
The law is the law. I'm sure the judge won't be very harsh with the kid.

I hope you are right

Pestilence
04-21-2011, 03:39 PM
That's fucked.

sedated
04-21-2011, 03:43 PM
In the state of Georgia (http://en.wikipedia.org/wiki/Georgia_%28U.S._state%29), vehicular homicide is more properly known as homicide by vehicle. It is defined, by statute, as the unlawful killing of another person using a vehicle.

What was he doing that was illegal? It didn't mention him breaking any laws in the story.

Hydrae
04-21-2011, 03:43 PM
Wow, that is fucked up.

I thought a DA would have some leeway on what to prosecute and what not to prosecute. There is no social advantage to prosecuting this poor kid who was still working on learning how to drive.

Hydrae
04-21-2011, 03:43 PM
What was he doing that was illegal? It didn't mention him breaking any laws in the story.

Failure to yield I am sure

siberian khatru
04-21-2011, 03:52 PM
I can't imagine being a kid with that kind of guilt. I would be inconsolable. What a punch to the gut reading that story.

bevischief
04-21-2011, 03:57 PM
That is messed up. Why aren't they going after the person who hit them?

bevischief
04-21-2011, 04:07 PM
My wife was hit by a drunk driver while in college, she had to re-learn to do everything took her almost a year to recover. This is before we started dating. My parents were her aunt and uncle that is how close our families became. I also have a cousin that was hit in close in the same matter and had to re-learn everything as well and his wife left him and their son. Both of the drivers paid nothing to the suffers. Both them are within a year of me.

sedated
04-21-2011, 04:09 PM
My wife was hit by a drunk driver while in college, she had to re-learn to do everything took her almost a year to recover. This is before we started dating. My parents were her aunt and uncle

dude, you married your cousin?

bevischief
04-21-2011, 04:11 PM
dude, you married your cousin?

That is what they told the doctors so they could see her and help out my future in-laws.

Jaric
04-21-2011, 04:12 PM
There is so much fail with this story I don't even know where to begin.

Radar Chief
04-21-2011, 04:15 PM
That is messed up. Why aren't they going after the person who hit them?

Iím guessing because that person had the right of way, since the kid is charged with failure to yield it.
He mustíve rolled out into the intersection without clearing it first.

R8RFAN
04-21-2011, 04:17 PM
Iím guessing because that person had the right of way, since the kid is charged with failure to yield it.
He mustíve rolled out into the intersection without clearing it first.

he pulled out in front of a car and the one that hit him hit the passenger side door which killed his mom.

RedNFeisty
04-21-2011, 04:27 PM
That is wrong on so many levels. Like the poor kid needs more to feel terrible about.

Iowanian
04-21-2011, 04:35 PM
The real question should be "was the car paid for in full or were these dumbasses driving degrading debt"

R8RFAN
04-21-2011, 04:36 PM
The real question should be "was the car paid for in full or were these dumbasses driving degrading debt"

I knew a fucking idiot would post something stupid in a serious thread.

kstater
04-21-2011, 04:37 PM
he pulled out in front of a car and the one that hit him hit the passenger side door which killed his mom.

Which by my estimation, looks like failure to yield.

R8RFAN
04-21-2011, 04:38 PM
Which by my estimation, looks like failure to yield.

Yep...................

kstater
04-21-2011, 04:38 PM
I knew a fucking idiot would post something stupid in a serious thread.

Yeah, I don't know why someone wouldn't take you seriously.

R8RFAN
04-21-2011, 04:39 PM
Yeah, I don't know why someone wouldn't take you seriously.

You either with that logo as your avatar loser LMAO

Iowanian
04-21-2011, 04:40 PM
I knew a ****ing idiot would post something stupid in a serious thread.

Fornicate yourself with a roll of confederate money taken from this lady's pocket.

R8RFAN
04-21-2011, 04:41 PM
Fornicate yourself with a roll of confederate money.

go fuck your sister you inbred bastard

Iowanian
04-21-2011, 04:43 PM
go **** your sister you inbred bastard

Go pick the change spilled into the street from the ashtray of this car and buy yourself a clue, Capt mud-vein.

Jewish Rabbi
04-21-2011, 04:46 PM
Hopefully he pays the court fees in cash instead of putting them on a high interest credit card.

Iowanian
04-21-2011, 04:47 PM
If the poor boy does life in prison for this crime, at least his housing will be paid for.....so that is financially responsible.

CrazyPhuD
04-21-2011, 04:55 PM
Is the kid a raiders fan? Because that would strongly influence whether I think it's wrong or not. I mean if he's a raiders fan we better get him off the streets now rather than wait for him to commit additional crimes.

kysirsoze
04-21-2011, 04:59 PM
Wow, that is ****ed up.

I thought a DA would have some leeway on what to prosecute and what not to prosecute. There is no social advantage to prosecuting this poor kid who was still working on learning how to drive.

I think it would set a bad precedent to let it go completely. I am sure it will work out in court. It's a shame, but I imagine this charge is the least of the kid's considerable worries.

Johnny Vegas
04-21-2011, 05:02 PM
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