Pokey Posted October 23, 2013 Report Share Posted October 23, 2013 "The victims have said they consider it an accident and have no hard feelings against Daymon." I would love to hear them say that publicly, bet they would whistle a different tune. I must say that I typically have always sided on the side of law enforcement on most things and situations, but here lately I swear they are immune from almost anything. 1 Quote Link to comment Share on other sites More sharing options...
zx3vfr Posted October 23, 2013 Report Share Posted October 23, 2013 I just don't understand how he got away with a following to closely charge.What about using electronic device while vehicle moving, causing an accident and the following to closely. Quote Link to comment Share on other sites More sharing options...
Scruit Posted October 23, 2013 Report Share Posted October 23, 2013 (edited) I just don't understand how he got away with a following to closely charge.What about using electronic device while vehicle moving, causing an accident and the following to closely. Emergency vehicles are not held to the electronic device law due to their MDTs. Causing an accident is not a charge in and of itself. They dinged him for ACDA. I'm surprised they didn't get him for Failure to Maintain Control, Failure to devote Full Time and Attention. TBH I'm sure if it was a civilian that hit a cop they'd have found their way to a Vehicular Assault charge by arguing that he was driving "recklessly". Did they ever explain why he didn't see the bike? I bet they don't, as that admission would be the basis for the VA charge. Whether someone is "seriously" hurt or not is a pretty amorphous definition. Any injury that is likely to cause death is the accepted definition. Would their injures have been potentially fatal if not treated? Edited October 23, 2013 by Scruit Quote Link to comment Share on other sites More sharing options...
zx3vfr Posted October 23, 2013 Report Share Posted October 23, 2013 Emergency vehicles are not held to the electronic device law due to their MDTs. Causing an accident is not a charge in and of itself.They dinged him for ACDA. I'm surprised they didn't get him for Failure to Maintain Control, Failure to devote Full Time and Attention. TBH I'm sure if it was a civilian that hit a cop they'd have found their way to a Vehicular Assault charge by arguing that he was driving "recklessly".Did they ever explain why he didn't see the bike? I bet they don't, as that admission would be the basis for the VA charge.Whether someone is "seriously" hurt or not is a pretty amorphous definition. Any injury that is likely to cause death is the accepted definition. Would their injures have been potentially fatal if not treated?he was clearing himself from a call. I love how fucking cops get exclusions from laws. They are still civilians and sworn to uphold the law not be excluded from it?Sent from my flip razor using Tapatalk - now Free Quote Link to comment Share on other sites More sharing options...
fox_racing_guy Posted October 23, 2013 Author Report Share Posted October 23, 2013 Did he keep his job? can't find that info.. Quote Link to comment Share on other sites More sharing options...
zx3vfr Posted October 23, 2013 Report Share Posted October 23, 2013 (edited) Yes he kept his job, got put in desk duty 2MONTHS after the incident. Edited October 23, 2013 by zx3vfr Quote Link to comment Share on other sites More sharing options...
smashweights Posted October 23, 2013 Report Share Posted October 23, 2013 Did they ever explain why he didn't see the bike? I bet they don't, as that admission would be the basis for the VA charge. Local news in Dayton reported he was using his in-cabin computer, aka super texting. Quote Link to comment Share on other sites More sharing options...
Tigerpaw Posted October 24, 2013 Report Share Posted October 24, 2013 "The victims have said they consider it an accident and have no hard feelings against Daymon." I would love to hear them say that publicly, bet they would whistle a different tune. I must say that I typically have always sided on the side of law enforcement on most things and situations, but here lately I swear they are immune from almost anything. Pretty much all of this! Quote Link to comment Share on other sites More sharing options...
Scruit Posted October 24, 2013 Report Share Posted October 24, 2013 Local news in Dayton reported he was using his in-cabin computer, aka super texting. Common sense dictates that there is a time and a place for using it - on the way to an urgent call getting critical information about the scene, sure. Putzing your way back to the cop shop after a call? Stop and use the MDT. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted October 24, 2013 Report Share Posted October 24, 2013 Legally speaking you aren't responsible if you commit an accident in a company vehicle while doing something for a company, as long as the company is incorporated (LLC, Inc., Non-Profit). That's the main purpose of being incorporated is it protects the owners and workers in the event something happens on a personal level. That's not exactly true. You're mischaracterizing the application of the rule. The driver is only protected (and the employer responsible) if the driver is "in the course of his duties." So yeah, if a delivery driver at fault for an accident, the employer's insurance (and by proxy, the employer) will foot the bill. If that same delivery driver deviates 10 miles from his route to stop home for lunch and gets into an accident, he is considered on a "frolic," and he's personally liable. The company insurance will still foot the bill, but they will then turn around and sue the driver personally because he was outside the scope of his employment duties. The same basic principle applies here, but if the officer was making a personal text, and not one that has anything to do with his job, the fact that he's driving on company time is irrelevant. The victims can (and probably would) sue everyone, and then let the court decide who is liable. It's for the individual officer and the police department to fight over who has to pay. The victims aren't forced to wait for that dispute to be settled, which (I believe) is the proper way to do things. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted October 24, 2013 Report Share Posted October 24, 2013 As far as the delay in filing charges and lack of charges being filed - I think there is a lack of understanding of the process. I am certainly not defending a scenario where police falsify a report to protect their own, or a scenario where the prosecution does not file charges that are appropriate given the evidence. That is 100% BS - My point is only that a delay is not necessarily a symptom that nothing will happen. I currently have a 10" stack of police reports on my desk that I have to charge. Most of the incidents occurred in mid September (so 1.5 months ago), and they have not been charged yet. In 90% of cases, no charges are filed until an investigation is completed. The exception to that general rule is when the crime is very obvious, and the offender is likely to continue committing the same crime(s). If police find a person holding a knife, standing over a dead body with multiple stab-wounds, that person will be charged within 24-48 hours, so they don't have to be released. In cases where the suspect's guilt is less certain (meaning the evidence is less overwhelming), police will continue to interview witnesses and collect other evidence. Then they'll send that completed investigation to the prosecutor's office, charges will be filed based on that evidence. The defendant is notified of the charges against them, and ordered to appear for arraignment. Depending on what they did, they will be held, or released on bond, etc. But there seems to be a huge outrage over the perceived "inactivity" that goes on between the incident, and the eventual charges. It's not fair to assume that no investigation is taking place. Furthermore, just from the time something hits my desk to the time I actually charge it, we have an office policy that allows for 2 weeks. Statutorily, we could take MUCH longer. Quote Link to comment Share on other sites More sharing options...
zx3vfr Posted October 26, 2013 Report Share Posted October 26, 2013 Shoulda had coffee with his donuts and he wouldn't have fallen asleep.he didn't fall asleep, he was using his computer. Quote Link to comment Share on other sites More sharing options...
Pokey Posted October 26, 2013 Report Share Posted October 26, 2013 he didn't fall asleep, he was using his computer. Maybe he was on Ohioriders? Quote Link to comment Share on other sites More sharing options...
Scruit Posted October 28, 2013 Report Share Posted October 28, 2013 Maybe he's just a cunt. Maybe he's as overworked as the rest of us? Quote Link to comment Share on other sites More sharing options...
Scruit Posted October 28, 2013 Report Share Posted October 28, 2013 Maybe that excuse would fly for the rest of us? Like your excuse is any better? ... People make mistakes. Quote Link to comment Share on other sites More sharing options...
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