No, I think you’re on to something here!
“They must be from Florida.”
True, in Florida they still drive Hummers but it’s usually toeing a 40 ft Winnebago.
This was a serious incident. I wanted to know the result of any prosecution. In fact, I was a bit aghast that Jenner could continue with his happy public persona knowing he killed someone due to his negligence. He, then she, acted as if it didn’t happen, although it destroyed the lives of others. And as others commenters noted, the media never asked her about it in subsequent interviews. A distinct example of privilege for the rich and famous.
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Well, to be fair, it was Bruce Jenner who committed the crime. Bruce Jenner no longer exists, therefore the crime no longer exists.
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Sounds more Beverly Hills than LA. Or Encino maybe.
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With everything that’s happened with her… I think it would turn into a big fucking mess, not as easy as it would be with your everyday criminal.
No intent, to kill no recklessness, no willful or wanton negligence (as far as I can tell from the facts related), but, rather, just negligence. When mere civil negligence results in a death, there will usually be traffic offense charges, but no felony charges because felony law is all about not what you did, but, rather, what was in your head and your heart when you did it.
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“Why am I being charged? Who is this ‘Bruce Jenner’ you keep talking about?”
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I was thinking the same thing. People have gotten much more for much less.
Sorry, is your point that this is not important? I think it is, actually.
I admit to not being the most informed person about Jenner but as I recall she became an instant celebrity on the left, mainly, just months ago, hosannahed to the rooftops with national televised interviews, long write-ups in the press (TNR, for instance) lauding her courage, own TV show, etc.
Now we learn that she (allegedly) killed an elderly lady because she was too busy texting - while towing another vehicle - to slow for a red light in time. The irresponsibility and sheer stupidity of such conduct boggles the mind.
Did it take courage for Jenner to come out about her gender identity and have the operation she did? Undoubtedly. Does that mean she should have been hoisted on a pedestal? I think not. And we on the left are every bit as guilty of this lamentable behavior as the right.
Perhaps rather than being dismissive we need to do some serious soul-searching about who we choose as our heros/heroines, and why, and whether we need any heroes at all, other than the moms, pops, sons and daughters who gut it out every single day, without recognition and without seeking it. And take our lumps when we err.
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Steve, normally I look forward to and prize your comments but I think you’re blinded by misplaced sympathy here. Unlike you I’m not a lawyer but how can it not be reckless or negligent to text while driving, especially while hauling another vehicle? I know legal definitions can diverge from everyday ones but for heaven’s sake, how can you defend such asinine behavior? Tell me honestly, if it had been your wife who was killed would you take the same position? I know I wouldn’t.
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Heck, here in Wisconsin first offense DUI isn’t even a misdemeanor. It’s not a crime at all. It only become a criminal charge if you are a repeat offender.
You beat me to it. That was the first thing that came to mind, but it would be an interesting defense strategy. I almost hope her legal team tries it.
I understand what you’re saying – and it makes perfect sense. That said, @upwitoulz makes a good point here, the fact Caitlyn was texting while driving. Though that’s not quite like driving under the influence, it can result in the same kinds of tragedies – totally avoidably. I would imagine those types of considerations vary from state to state, and some municipality to municipality.
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As a Californian, a simple answer is No
Not defending anything, I have no particular sympathy for anyone but the victim and I’m not taking a position on anything. Just telling you what that law is. And the law in most most states is that texting while driving is treated as the same kind of offense that, say, going nine to fifteen miles over the speed limit is–same kind of fines and penalties–rather than something like drunk driving or playing chicken or going forty or fifty over the speed limit that will get you hit with a negligent homicide or involuntary manslaughter charge if you kill someone doing it.
If you don’t like it, go lobby the nearest state legislature. I’m just the messenger, explaining why the most Jenner is facing is a year that she’s unlikely to get, and a civil action for wrongful death she’s all but certain to lose, though the damages in such cases are calculated in a way that results in lower awards where the victim is poor or old.
Actually, it is very unusual to charge someone with manslaughter for driving too fast for the conditions. Manslaughter is usually reserved for over the top actions…like going 100 mph in a 50 zone, or being drunk. The fact that the wording is simply too fast for the conditions indicates they don’t have that kind of evidence…usually you are charged with something like reckless endangerment along with it. going too fast for conditions…weasel words.
She’s not exactly the first transgendered person to get in legal trouble.
If you take a look at the inevitable Wikipedia page, you’ll find that most states treat texting while driving about as seriously as they do speeding at rates below the “are you outta you’re fucking mind?” speeds that will get you jail time. Fifty to two or three hundred bucks, a few points on your license, often with a freebie for your first offense.
Personally, I think they ought to make cell phone makers build in a feature that makes phones stop working if the car’s in motion, or at least make them produce a loud shrieking voice screaming “HANG UP AND DRIVE YOU GODDAMN IDIOT!” But evidently, we have so many millions of people who don’t grasp the concept of F=MA and don’t think driving a multi-ton hunk of metal at unnatural speeds is a thing requiring very much attention at all, it’s not politically feasible to pass such laws.
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Clearly a misdemeanor charge. Under California law, a misdemeanor (there are no classes or degrees, or weren’t when I left, anyway,) carries a maximum penalty of one year in jail. That tracks with the report.
Here we go:
Sec.192 Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(a) Voluntary–upon a sudden quarrel or heat of passion.
(b) Involuntary–in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.
© Vehicular–
(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent prosecution of a defendant for the crime of murder.
(d) This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to a felony, or of the commission of a lawful act which might produce death, in an unlawful manner.
.
Sec. 193©(2) A violation of paragraph (2) of subdivision © of Section 192 is punishable by imprisonment in the county jail for not more than one year.
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