Sunbury man who killed Motorcyclist sentenced to 90 days jail + 90 days house arrest.

[jagr]

Ok here goes. Im a little pissed so bear with me.

A few months ago a friend of my wife asked if it would be alright to post the story of how her husband was killed and all the mistakes local PD made post accident.

I got the OK from Casper and never got a response from the Lady. Which i can understand. Well here we are months later and the driver was sentenced to, get this,

90 DAYS IN JAIL AND 90 DAYS HOUSE ARREST!

I will let you read the rest for yourself.

http://www.delgazette.com/local.asp?ID=1542&story=3

A Sunbury man on Friday was sentenced to 90 days in jail for his role in a fatal accident that killed a Westerville motorcyclist who had just returned home after serving in Afghanistan.

Delaware County Court of Common Pleas Judge Everett H. Krueger also ordered Ethan J. Linnabary, 22, serve 90 days house arrest following his release from jail, complete 250 hours of community service and pay about $4,800 in restitution and $1,300 in fines.

Linnabary also received five years of community control for carrying a concealed weapon without a permit, a fourth-degree felony, after police found a handgun in his vehicle. His licence was also suspended for four years.

Linnabary pleaded guilty in December to a charge of negligent vehicular homicide, a misdemeanor, for causing the death of 52-year-old Brian L. Vincent in a June 19 accident on Westerville Road in Genoa Township.

He had initially faced a felony charge of aggravated vehicular homicide which carried a maximum sentence of eight years in prison.

The more serious charge was dismissed after Scott J. Weisman, Linnabary’s attorney argued that a positive marijuana test reported by Genoa Township police was inadmissible in court because it had been administered three hours and 26 minutes following the crash.

Under Ohio law, authorities have three hours to collect drug tests, Weisman argued in court filings.

Subsequent drug tests conducted on Linnabary in the days following the accident were negative, but Linnabary again tested positive for marijuana at his October arraignment, assistant prosecutor Carol O’Brien said.

Linnabary, driving a 1996 Jeep Cherokee, turned left on June 19 and struck a Harley-Davidson motorcycle driven by the south-bound Vincent, killing him, according to police reports.

A bag of marijuana was also recovered from the scene, O’Brien said, although it was not proven whom it belonged to.

Three people spoke on behalf of the victim, including Nancy Vincent, his wife. She read from a prepared statement, asking for a maximum sentence.

Brian Vincent was an officer in the Navy reserve and had just returned home from the war in Afghanistan, she said.

“When I think about how Brian came home from a war only to be killed makes me physically sick,” she said.

She also questioned whether Linnabary should have been on the road at all. He was stopped the day before the accident by Sunbury police and issued a traffic citation for having expired plates. He was also uninsured.

Under Sunbury police policy, officers issue citations to drivers for plates that have been expired for less than six months, Sunbury Police Chief Patrick Bennett said.

“We tell them to park the car and go get the tags,” Bennett said.

Records show that Linnabary did not show proof of insurance to the police officer or when he paid the ticket.

The matter was referred to the Bureau of Motor Vehicles, who would have the power to suspend Linnabary’s license if he again couldn’t show that he was insured, Bennett said.

“We can’t write a ticket for it,” he said.

Linnabary’s father, Trace Linnabary, also spoke at the hearing. He said he thought the accident was an isolated incident and that his son still had a bright future ahead of him despite his mistakes.

“We want justice, not vengeance,” he said.

Linnabary, wearing a maroon shirt and a red and black tie, apologized to the victim’s family prior to receiving his sentence.

“I’m sorry for what I did and the mistakes I made,” he said.

When asked by Krueger, Linnabary said he did not know how the marijuana had shown up in his system.

“Considering the fact that it can remain in your system for 30 days, can you explain it?” Krueger asked.

“No, your honor,” Linnabary said.

Making a sentencing judgment is always “very difficult” for judges and the families of both the victim and the defendant in vehicular homicide cases, Krueger said.

Nothing the court can do can bring the victim back, he said.

“Nobody is going to be satisfied by the sentence,” Krueger said.

[AOW]

That pretty much is the same as spitting in the face of the victim's family!

[Disclaimer]

This is a shame. If you just take a surface look at it, it incentivizes people to drive under the influence.

If the guy had been completely sober and did it = major consequences. But if you're drunk or high you were 'under the influence' and not in your right mind; therefore = lesser consequences.

So, every time I step behind the wheel, why would I not get drunk or get high? Even if I accidentally kill someone, I don't want to be sober.

[cmoosego]

If I remember the story right , this kid is the son of a politician around that area.... i think I also remember hearing that his father was well connected and that is why the police dragged their feet during the investigation..... I'm not certain this is the same coincidence, so don't quote me, but this is bull shit either way. The kid kills someone because he was reckless, uninsured, and possibly HIGH? and for the life of a veteran he gets 90 days???? WTF!?!?!?! I just hope the rest of this kids life is full of Karmic payback....

[jnor]

The new Motorcycle Consumer news has a good question, and answer in the ask the attorney section. It talks about motorcyclists never getting the benefit of the doubt from, law enforcement, judges, or jury's.

It says that motorcycles, and motorcyclists are not, and won't ever be accepted by the general public in the U.S.

It's b.s. but it's true.

[jagr]

If I remember the story right , this kid is the son of a politician around that area.... i think I also remember hearing that his father was well connected and that is why the police dragged their feet during the investigation..... I'm not certain this is the same coincidence, so don't quote me, but this is bull shit either way. The kid kills someone because he was reckless, uninsured, and possibly HIGH? and for the life of a veteran he gets 90 days???? WTF!?!?!?! I just hope the rest of this kids life is full of Karmic payback....

Yeah kindof. Daddy is on the Sunbury city council and the local PD didnt call OHP (State Troopers) for a while as is required in a roadway fatality. Lots of other BS.

[cmoosego]

whats the statute on fire bombing houses in sunbury? A quick molotov cocktail thru the living room window..... that'd be just deserts.... he couldn't leave he'd be arrested for escaping custody if he left the house.....

[Disclaimer]

whats the statute on fire bombing houses in sunbury? A quick molotov cocktail thru the living room window..... that'd be just deserts.... he couldn't leave he'd be arrested for escaping custody if he left the house.....

You better get drunk or high before you do it though...

[magifesq]

I hope that Mr. Vincent didn't have any children, for their benefit. My dad was killed by a drunk driver and life was very difficult growing up poor in Mansfield (I was only 6 months old). Is now a bad time to point out that this would probably happen more often if Marijuana becomes legalized as many are pushing for?

[copper1k]

I think the only thing left to do within the legal limits would be for the wife to file a civil suit for damages. Make him and his family hurt financially. He ADMITTED to the lesser offense, he's not denying it. The kid's father wants justice, so let him support his son and pay up.

Our system is not right and reading the sentence passed down further validates it.

A friend of mine just got back from spending 6 months in China:

He told me that if he had killed a Chinese national in a vehicle crash he would be obligated to pay the victim's family the annual wages of the victim for the rest of his life, but no jail time. At least the victim would have been recognized for his monetary value.

Not much better of a solution but at least the victim's family would not slip into a financial hardship.

or

"lex talionis"

Edited January 27, 2009 by copper1k
typo

[John]

huh? maybe i read it wrong, but i didnt see where he got less of a penalty for being under the influence.

the original charge was a felony. cops fucked up the test, so they had to drop it to a misdemanor...

i dont see how thats getting less of a penalty for being on drugs? the cops fucked it up.

This is a shame. If you just take a surface look at it, it incentivizes people to drive under the influence.

If the guy had been completely sober and did it = major consequences. But if you're drunk or high you were 'under the influence' and not in your right mind; therefore = lesser consequences.

So, every time I step behind the wheel, why would I not get drunk or get high? Even if I accidentally kill someone, I don't want to be sober.

[Disclaimer]

It was never explicitly stated. It was implied though... think about all the cases you see about committing actions under the influence of anything versus not. If you weren't hopped up on anything, then you were obviously in your right mind and therefore aware of your actions, making you even more of a monster.

And @ copper... you can't squeeze blood from a turnip. If the loser that killed the guy was making minimum wage, renting an apartment, and his only worldly possessions were a TV, a radio, and his now wrecked vehicle because he spends his money on booze and weed... you can get ten million from a jury - but you'll NEVER see that money. I bet the guy didn't even have insurance.

Edited January 27, 2009 by JRMMiii

[jagr]

I think the only thing left to do within the legal limits would be for the wife to file a civil suit for damages. Make him and his family hurt financially. He ADMITTED to the lesser offense, he's not denying it. The kid's father wants justice, so let him support his son and pay up.

Our system is not right and reading the sentence passed down further validates it.

A friend of mine just got back from spending 6 months in China:

He told me that if he had killed a Chinese national in a vehicle crash he would be obligated to pay the victim's family the annual wages of the victim for the rest of his life, but no jail time. At least the victim would have been recognized for his monetary value.

Not much better of a solution but at least the victim's family would not slip into a financial hardship.

or

"lex talionis"

The widows attourney said she would not be able to actually get any money out of the kid, because he doesnt have any. Surprise, he only has guns and weed. And for some reason the insurance company (life insurance policy???)would have to be paid BACK FIRST. So i dont think she is going that route.

Oh and his uncle is David Robinson who beat Tiberi for the 12th congressional district seat. And on a side note U.S. representatives serve two-year terms and are paid $169,300 a year.

[jagr]

It was never explicitly state. It was implied though... think about all the cases you see about committing actions under the influence of anything versus not. If you weren't hopped up on anything, then you were obviously in your right mind and therefore aware of your actions, making you even more of a monster.

And @ copper... you can't squeeze blood from a turnip. If the loser that killed the guy was making minimum wage, renting an apartment, and his only worldly possessions were a TV, a radio, and his now wrecked vehicle because he spends his money on booze and weed... you can get ten million from a jury - but you'll NEVER see that money. I bet the guy didn't even have insurance.

I believe his tags and insurance were both expired.

[Lost]

Get him in civil court. Own his future.

[shittygsxr]

I am not a pot head so please help me out here. I believe pot is supposed to stay in your system for 30 days, right?

So if he tested positive 3 1/2 hours after the crash but negative a couple of days after the crash.

So maybe he had smoked a couple of weeks before the accident and it was still in his system???

I am sure the guy is a dick but maybe he wasnt high or maybe I am mising something?

[Disclaimer]

Quiet down, stoner.

[John]

yup. thats one of the problems the tests. all they prove is that at some point in the past you did the drug. it doesnt prove you are high right now.

I am not a pot head so please help me out here. I believe pot is supposed to stay in your system for 30 days, right?

So if he tested positive 3 1/2 hours after the crash but negative a couple of days after the crash.

So maybe he had smoked a couple of weeks before the accident and it was still in his system???

I am sure the guy is a dick but maybe he wasnt high or maybe I am mising something?

[copper1k]

Get him in civil court. Own his future.

Yes. At least with a judgment leaning against his name he would be forever reminded that his actions led to the death of a human being. The fact he has nothing now would not stop me from making him pay for the rest of his life. I'd make it so he would have to HAND deliver $50 a month to the widow for the rest of his life. He would have to look into the eyes of the woman that would be forever changed by his lack of good judgment.

A year from now this kid would have forgotten about all of this and will never have to face it again. Taking a life should warrant a life long sentence of some kind.

[owndjoo]

yup. thats one of the problems the tests. all they prove is that at some point in the past you did the drug. it doesnt prove you are high right now.

not to mention that after being in an accident someone who is high is easily confused as to having a head injury. Now the tests can see how high of levels of the marijuana are in your system. high levels show to a recent usage, along with marijuana being found on the scene. but that is one thing about pot, it is hard to distinguish if you were under the influence at the time. alcohol is real easy.

[John]

Yes. At least with a judgment leaning against his name he would be forever reminded that his actions led to the death of a human being.

unless this guy is cold as ice im sure it will be with him for the rest of his life.

[12oclocker]

if that was my wife, I would hunt down that guy after he got out of jail, and I would run over him with my truck, that way I would only get 90 days in jail for killing him.

Honestly though i would probably visit him in jail and kill him with my bare hands.

[Fatbikez]

if that was my he would never make it to jail cuz Id kill his arse and deal with the penalty's later

[redbarron77]

nonononono.......I'd want the individual to live a long, and painful life.

I'd also ensure that he had an "attentive" cell mate, by paying the individual a carton of cigs every other week to pay "special" attention to the dirtbag.

[cbrjess0815]

This is deff a bad situation. It sucks when someone's stupidity gets someone killed and they dont even get near the consequences they deserve. Same thing happened to the guy that killed one of my good friends and another girl. Her family was not satisfied with his sentence and neither were any of her friends.. It really sucks