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 Misdemeanor homicide 
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 Post subject: Misdemeanor homicide
PostPosted: Fri Oct 26, 2007 7:10 am 
The Man
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Really.

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The Utah Court of Appeals on Thursday upheld a misdemeanor negligent homicide conviction against a former Salt Lake County sheriff's deputy.

On June 8, 2002, Carla Redding's cruiser was traveling up to 70 mph when it sliced through a car carrying four people, killing 19-year-old Malarie Hilton and injuring three women.

Redding was responding to a detective's call for backup at the Coconut Point dance club and was eastbound on 5415 South without her emergency lights or siren on, according to the ruling.

When the detective asked officers to "step it up a little bit," Redding sped up.

Heading westbound, Emily Hillam turned left into Redding's path. The cruiser slammed into Hillam's vehicle with enough force to rip it in two, the ruling states.

"The two backseat passengers were thrown from the car with one suffering scrapes and bruises and the other dying as a result of injuries sustained in the accident," according to the ruling.

Nearly a year later, Redding was charged with three misdemeanors, including negligent homicide, negligent collision and speeding. A 3rd District Court jury convicted her on all charges June 25, 2004, and she was sentenced to probation, 10 days in jail, a fine and restitution.

Two months later, Redding asked the judge for a new trial, alleging several instances of jury misconduct, a lack of evidence to support the charges and improper comments made during the prosecutor's closing arguments.

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PostPosted: Fri Oct 26, 2007 7:16 am 
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I think a law needs to be passed which states "if you don't have lights AND siren on - you are NOT an emergency vehicle: hence you MUST obay all traffic laws". I've heard of this too many times and It's getting old.

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PostPosted: Fri Oct 26, 2007 7:25 am 
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mostlylawabidingcitizen wrote:
I think a law needs to be passed which states "if you don't have lights AND siren on - you are NOT an emergency vehicle: hence you MUST obay all traffic laws". I've heard of this too many times and It's getting old.

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Can we add a bit to it? Turning your lights on just long enough to get through a stop light doesn't qualify you as an emergency vehicle, either.

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PostPosted: Fri Oct 26, 2007 8:36 am 
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MISDEMEANOR, Misdemeanor ... homicide???

Is this a special new charge just for reckless police officers?

Has any civilian ever got the same deal? Don't hold your breath.



MINNESOTA STATUTES 169.20 RIGHT-OF-WAY.
Subd. 5. Emergency vehicle; penalties. (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and, except as otherwise provided in paragraph (b), when the driver is giving audible signal by siren, the driver of each other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the highway clear of any intersection, and shall stop and remain in this position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. The driver of another vehicle on a one-way roadway shall drive to the closest edge or curb and stop.
* * *
(d) This subdivision does not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of persons using the highways. * * *

MINNESOTA STATUTES 169.03 EMERGENCY VEHICLES; EXEMPTIONS; APPLICATION.
* * *
Subd. 2. Stops. The driver of any authorized emergency vehicle, when responding to an emergency call, upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety, but may proceed cautiously past such red or stop sign or signal after sounding siren and displaying red lights, except that a law enforcement vehicle responding to an emergency call shall sound its siren or display at least one lighted red light to the front. * * *

The language in italics (which greatly increases the danger to any civilian properly approaching the controlled intersection from the side) was put in by Rep. Stanek. At least one Minneapolis police officer has killed a properly driving civilian while "blowing" a stop sign. The city gave his family a few bucks.

NOTE: There are no size minimums for the one light that is required.


Last edited by kimberman on Fri Oct 26, 2007 8:47 am, edited 1 time in total.

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PostPosted: Fri Oct 26, 2007 8:44 am 
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kimberman wrote:
MISDEMEANOR, Misdemeanor ... homicide???
Yeah. Boggled my mind, too. (I've heard it as a colloquial expression, in a different context -- meaning "gangbanger killing gangbanger without collateral risk or damage" -- but I've never heard it used as a legal term.)

Bizarre.

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PostPosted: Fri Oct 26, 2007 8:46 am 
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kimberman wrote:
...
The language in italics (which greatly increases the danger to any civilian properly approaching the controlled intersection from the side) was put in by Rep. Stanek. At least one Minneapolis police officer has killed a properly driving civilian while "blowing" a stop sign. The city gave his family a few bucks....

Does the "except" really invalidate the requirement to "proceed cautiously?" Rather than tack on a clause, that sentence really should have been rewritten....No wait...the drivers of the law enforcement vehicles should just use some damned common sense.


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PostPosted: Fri Oct 26, 2007 12:05 pm 
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kimberman wrote:
MISDEMEANOR, Misdemeanor ... homicide???

Is this a special new charge just for reckless police officers?

Has any civilian ever got the same deal? Don't hold your breath.



MINNESOTA STATUTES 169.20 RIGHT-OF-WAY.
Subd. 5. Emergency vehicle; penalties. (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and, except as otherwise provided in paragraph (b), when the driver is giving audible signal by siren, the driver of each other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the highway clear of any intersection, and shall stop and remain in this position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. The driver of another vehicle on a one-way roadway shall drive to the closest edge or curb and stop.
* * *
(d) This subdivision does not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of persons using the highways. * * *

MINNESOTA STATUTES 169.03 EMERGENCY VEHICLES; EXEMPTIONS; APPLICATION.
* * *
Subd. 2. Stops. The driver of any authorized emergency vehicle, when responding to an emergency call, upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety, but may proceed cautiously past such red or stop sign or signal after sounding siren and displaying red lights, except that a law enforcement vehicle responding to an emergency call shall sound its siren or display at least one lighted red light to the front. * * *

The language in italics (which greatly increases the danger to any civilian properly approaching the controlled intersection from the side) was put in by Rep. Stanek. At least one Minneapolis police officer has killed a properly driving civilian while "blowing" a stop sign. The city gave his family a few bucks.

NOTE: There are no size minimums for the one light that is required.

Hmmm - going to have to look for the <body part> Trooper who gave me a warning for "failure to yield to an "emergency vehicle"... As soon as he sounded his siren, I pulled right over - then he started to scream at me about yielding to an emergency vehicle.

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