Casper Posted April 22, 2009 Report Share Posted April 22, 2009 http://wbns.com/live/content/local/stories/2009/04/21/story_smith.html?sid=102For those of you who didn't know or forgot:http://www.ohio-riders.net/showthread.php?t=18550 Quote Link to comment Share on other sites More sharing options...
Disclaimer Posted April 22, 2009 Report Share Posted April 22, 2009 Wow. Those pictures of the GTO are pretty awful (you can't tell it was a GTO until the photo of the rear decklid), especially mixed in with hospital/therapy photos of the innocent Hilliard woman caught up in it.Way to keep us updated Casper. Quote Link to comment Share on other sites More sharing options...
magley64 Posted April 22, 2009 Report Share Posted April 22, 2009 (edited) I'm not sure how to feel about this.on one hand, brandon wasn't the one who lost control and wrecked... so i'm hesitant to think he should be prosecuted for ANY of the charges, he didn't assault anyone with his car, OR kill anyone, it was george who did those things...I'm pretty sure I'd vote "not guilty" on all of the charges pressed.maybe a reckless op, or public endangerment charge would be warranted...but george died doing something of his own free will, it's not like he was an innocent bystander crossing the street, or monica, that was hit just driving home or whatever..He knew the risks, he chose to participate, end of story. His wife should definitely be charged with insurance fraud. Edited April 22, 2009 by magley64 Quote Link to comment Share on other sites More sharing options...
Chrome Posted April 22, 2009 Report Share Posted April 22, 2009 Pictures are horrifying. i think that the wife should be in Smiths place. Quote Link to comment Share on other sites More sharing options...
Catman Posted April 22, 2009 Report Share Posted April 22, 2009 ^^^ I disagree wholeheartedly with magly's post ^^^^^^^I feel realy bad for all the parties involved and hopefully at least one person learns a lesson from this ? Quote Link to comment Share on other sites More sharing options...
KhaoticRebel Posted April 22, 2009 Report Share Posted April 22, 2009 Pictures are horrifying. i think that the wife should be in Smiths place.I agree. She knew he had been drinking and she followed him in another car. She should be held responsible in some way if the other driver is being held responsible. She was a party to the incident. Quote Link to comment Share on other sites More sharing options...
Casper Posted April 22, 2009 Author Report Share Posted April 22, 2009 (A) As used in this section and section 4510.036 of the Revised Code, “street racing” means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two or more vehicles side by side either at speeds in excess of prima-facie lawful speeds established by divisions (B)(1)(a) to (B)(8) of section 4511.21 of the Revised Code or rapidly accelerating from a common starting point to a speed in excess of such prima-facie lawful speeds shall be prima-facie evidence of street racing. (B) No person shall participate in street racing upon any public road, street, or highway in this state. © Whoever violates this section is guilty of street racing, a misdemeanor of the first degree. In addition to any other sanctions, the court shall suspend the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege for not less than thirty days or more than three years. No judge shall suspend the first thirty days of any suspension of an offender’s license, permit, or privilege imposed under this division.So since George's wife was following behind, videotaping, shouldn't she be charged with the same charges, in addition to insurance fraud for lying about the accident and DUI since she was drinking beforehand? She most certainly "rendered assistence" since she was the one videotaping and acting as the tail. I really feel they're just scapegoating Brandon. I think he should be charge with drag racing as the law says, as well as George's wife. I believe the charges of involuntary manslaughter and aggravated vehicular homicide are bogus. The actual drag race was over. No longer were they racing. George lost control because he'd been drinking. No crime other than drinking and driving was occuring at the time of the accident. Quote Link to comment Share on other sites More sharing options...
flounder Posted April 22, 2009 Report Share Posted April 22, 2009 So since George's wife was following behind, videotaping, shouldn't she be charged with the same charges, in addition to insurance fraud for lying about the accident and DUI since she was drinking beforehand? She most certainly "rendered assistence" since she was the one videotaping and acting as the tail. Short answer.. Yes She should be charged.I really feel they're just scapegoating Brandon. I think he should be charge with drag racing as the law says, as well as George's wife. I believe the charges of involuntary manslaughter and aggravated vehicular homicide are bogus. The actual drag race was over. No longer were they racing. George lost control because he'd been drinking. No crime other than drinking and driving was occuring at the time of the accident.False - You have no idea what was the reason for the crash because you were not in the car. Thats a fact and every attorney out there will argue that if it wasnt for racing, this accident may have never happened. They exposed themselves to a risk and now they have to deal with the results. No different then a robbery. Even if you werent the one that pulled the trigger, you can still be held partly responsible. I understand he was your friend but personal feelings aside, he is partly responsible just as his wife is. They are going after brandon because he is the other 50% of the equation for the race. Quote Link to comment Share on other sites More sharing options...
that dude Posted April 22, 2009 Report Share Posted April 22, 2009 I'm not sure how to feel about this.on one hand, brandon wasn't the one who lost control and wrecked... so i'm hesitant to think he should be prosecuted for ANY of the charges, he didn't assault anyone with his car, OR kill anyone, it was george who did those things...I'm pretty sure I'd vote "not guilty" on all of the charges pressed.maybe a reckless op, or public endangerment charge would be warranted...but george died doing something of his own free will, it's not like he was an innocent bystander crossing the street, or monica, that was hit just driving home or whatever..He knew the risks, he chose to participate, end of story. His wife should definitely be charged with insurance fraud.+1 i have posted on here very recently that people need to stop blaming other people. it wasnt brandons fault it was georges. sure brandon should not have been racing but he doesnt deserve these charges brought against him. im sure he has learned his lesson. it seems everythings about money, and people wanna sue someone, and get a free ticket. if anything the widow and estate should be sued and brought charges against. they stated she may testify against this kid, as usually to save her ass .. people start taking resposibility for your OWN actions, and stop always trying to blame someone else Quote Link to comment Share on other sites More sharing options...
that dude Posted April 22, 2009 Report Share Posted April 22, 2009 So since George's wife was following behind, videotaping, shouldn't she be charged with the same charges, in addition to insurance fraud for lying about the accident and DUI since she was drinking beforehand? She most certainly "rendered assistence" since she was the one videotaping and acting as the tail. I really feel they're just scapegoating Brandon. I think he should be charge with drag racing as the law says, as well as George's wife. I believe the charges of involuntary manslaughter and aggravated vehicular homicide are bogus. The actual drag race was over. No longer were they racing. George lost control because he'd been drinking. No crime other than drinking and driving was occuring at the time of the accident.+1 Quote Link to comment Share on other sites More sharing options...
magley64 Posted April 22, 2009 Report Share Posted April 22, 2009 holy crap! I actually agree with "that dude" about something? (that's rare)maybe I should rethink my position... Quote Link to comment Share on other sites More sharing options...
that dude Posted April 22, 2009 Report Share Posted April 22, 2009 holy crap! I actually agree with "that dude" about something? (that's rare)maybe I should rethink my position...you were just mad cause im always right and you were wrong Quote Link to comment Share on other sites More sharing options...
Casper Posted April 22, 2009 Author Report Share Posted April 22, 2009 False - You have no idea what was the reason for the crash because you were not in the car.There is supposedly a video tape.......... it will prove 100% when the crash happened.Thats a fact and every attorney out there will argue that if it wasnt for racing, this accident may have never happened. "May have never happened" is good enough to convict someone of involuntary manslaughter and aggravated vehicular homicide? No.They exposed themselves to a risk and now they have to deal with the results. No different then a robbery. Even if you werent the one that pulled the trigger, you can still be held partly responsible. I completely agree with this. However, as I said before, the crash didn't happen during the drag racing. By definition according to the Ohio ordinance, drag racing is "the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other". That means the race was over. All parties involved said the race was over and Brandon was slowing down. But for some reason, George kept in it, then slammed his brakes, losing control of the car. I understand he was your friend but personal feelings aside, he is partly responsible just as his wife is. They are going after brandon because he is the other 50% of the equation for the race.Technically according to the Ohio ordinance, he's 33% of the equation. George was an idiot. He'd been drinking (and lord knows what else) and the roads were cold. He should've kept his ass at the bar. But that aside, I don't agree with the charges against Brandon. That's just my opinion. There is no clear line here as in an armed robbery and the other guy shoots someone. There's a whole lot of gray here. Quote Link to comment Share on other sites More sharing options...
Casper Posted April 22, 2009 Author Report Share Posted April 22, 2009 Staton's neighbor, who was following behind with Staton's wife, said that "after the race was over they both hit their brakes to slow down." The neighbor said it was "5 or 10 seconds later" that Staton lost control and crossed the median, McEntyre reported. http://www.10tv.com/live/content/local/stories/2008/07/14/durban_crash.htmlFYI Quote Link to comment Share on other sites More sharing options...
wrillo Posted April 22, 2009 Report Share Posted April 22, 2009 (edited) Call me a dirty little liar, but if I were brandon or his wife the word "race" would have never came out of my mouth. I would have witnessed an accident, end of story. Hindsight is 20/20 though...I agree that Brandon should be charged with street racing, and I also agree any charges that do get brought up on Brandon should also apply to his wife. Only charging Brandon is like charging the guy who held up the bank, but not the lookout/get-away driver. wft? They're trying to "make an example" of him, and that has got to be unlawful in some way or another.Did he at least win the damn race? It wasn't clear if he let off first because he was winning or he just gave up. I love those z28sedit: oh and for that matter, why isn't the neighbour being charged also? Edited April 22, 2009 by wrillo Quote Link to comment Share on other sites More sharing options...
flounder Posted April 22, 2009 Report Share Posted April 22, 2009 I wont disagree with anything that you just said ben. I can agree that its a shitty situation all around and Im glad Im not on the jury to have to decide one way or another. Quote Link to comment Share on other sites More sharing options...
magley64 Posted April 22, 2009 Report Share Posted April 22, 2009 Call me a dirty little liar, but if I were brandon or his wife the word "race" would have never came out of my mouth. I would have witnessed an accident, end of story. Quote Link to comment Share on other sites More sharing options...
Moto-Brian Posted April 22, 2009 Report Share Posted April 22, 2009 Here's my take. Note: I have no interest in this nor do I know anyone...1) Racing requires two or more people. You line up and race the other guy... If the racing causes a death, you are an accomplice. Tough shit. SUPPOSEDLY, it is stated the crash happened after the race. Sounds more like he let up due to the car breaking loose and it was "5 to 6 seconds after". Nobody is really going to know until after evidence, but it is still due to racing.... Even if it was after and the race was over, understand that a drunk guy was involved. Maybe this Brandon guy knew, maybe he didn't. IF he did, he is at fault for not only racing, but for not having the common sense to say "No." due to knowing a drunk guy racing could not only kill someone, but you as the guy racing him... Why would you even consider it?2) The racing is what led to the crash. Racing wouldn't have happened if there was nobody to race. If the guy was driving down the Interstate drunk and went left of center and did what he did, he'd be alone in this. He wasn't. 3) The chase vehicle was not racing. Probably at a high rate of speed, but wasn't in the race. If I am following someone at say, 80 mph on the street and they loose control and crash, am I at fault? If I am racing the guy at a high rate of speed and they crash, the situation got out of hand and I am also responsible - I had a hand (arguably) in the crash. I kind of "provoked" it... The video people were doing something wrong, as well, but it wasn't anything like the two racing were doing.Also, consider this - she might have agreed to a plea bargain if she gave the facts and what exactly happened. If it is found she lied about anything, I am willing to bet she gets some serious shit thrown her way, too.Look, there's a lot of people with personal interests here. You really need to step back and look at it without any bias. You think they are targeting Brandon just because the wife gets off seemingly. Just look at Brandon only. He raced the guy. The guy crashed and almost killed a TOTALLY innocent bystander. Being the guy that didn't die is the same as the guy that was killed. They were BOTH racing. They BOTH made the same decision. This isn't a "racing incident" that occurs at the track. It was a "racing incident" that occurred out in public and severely hurt someone that had NO CHOICE.Reality sucks and it hurts at times. I hate that someone got killed, but he essentially got off pretty easy. Think about that girl. She's fucked for the rest of her life and she wasn't at fault. Brandon should pay somewhat. How much should he pay for? I think at least the Manslaughter charge and reckless op and drag racing. I also think the wife should have some sort of price to pay since she, I guess had a part in setting it up. But, that becomes hearsay and if she gave a full account of what happened and placed names and times exactly as it occurred and it can be proven, she probably got off. But, then again, she wasn't racing the guy that died, either... Quote Link to comment Share on other sites More sharing options...
wrillo Posted April 22, 2009 Report Share Posted April 22, 2009 http://www.10tv.com/live/content/local/stories/2008/07/14/durban_crash.htmlFYIEven with those statements, investigators said they do not have enough information to charge anyone in the crash.Referring to the investigation a LEO said:"I just think a better job could have been done on our part," Wilson said. "I do believe that."That right there makes those charges look like swiss cheese Quote Link to comment Share on other sites More sharing options...
RSVDon Posted April 22, 2009 Report Share Posted April 22, 2009 RIP George Good luck to Brandon Quote Link to comment Share on other sites More sharing options...
wrillo Posted April 22, 2009 Report Share Posted April 22, 2009 Yeah' date=' but even if the charges get dismissed he's going to face on hell of a civil suit. That one's gonna' sting.[/quote']If the police can't put liability on him then there isn't a civil suit Quote Link to comment Share on other sites More sharing options...
kawi kid Posted April 22, 2009 Report Share Posted April 22, 2009 I wont disagree with anything that you just said ben. I can agree that its a shitty situation all around and Im glad Im not on the jury to have to decide one way or another.i would be thankfull not to be on the jury for this one...... Quote Link to comment Share on other sites More sharing options...
kawi kid Posted April 22, 2009 Report Share Posted April 22, 2009 Yeah' date=' but even if the charges get dismissed he's going to face on hell of a civil suit. That one's gonna' sting.[/quote']one hundred percent true! Quote Link to comment Share on other sites More sharing options...
Casper Posted April 22, 2009 Author Report Share Posted April 22, 2009 If the police can't put liability on him then there isn't a civil suitFalse. O.J. Simpson. Quote Link to comment Share on other sites More sharing options...
warpspeed Posted April 22, 2009 Report Share Posted April 22, 2009 throw the book at him.......he was racing on a road with traffic on it.I've street raced quite a bit, but ALWAYS on back roads with 0 traffic on them. Quote Link to comment Share on other sites More sharing options...
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