Patrol: Driver on phone in fatal crash

[mrmako777]

As of right now, I am working monday but I'm goin to try to get off. If I can't, I hope a lot of you guys show up!

[buildit]

^ +1

If anyone close to me wants to meet up and go pm me and let me know!

I am off monday and all I need is the time and place to meet at....

Does anyone know where the pretrial is being held, "location"? I saw it is supposed to be about 1:00 down in Labanon. I don't know that area at all but we could meet up on rt56 at the gas station off 71 south of Columbus around 11am for then ride down from there?

[CBRzach]

I'm off Monday. This is bullshit.

[alab32]

I wish I could join you guys. I hope a lot of you show up. This is some crap right here. Good luck and God bless! Stay safe.

[Scruit]

The Not-Guilty plea should not be seen as a "I didn't do it" or anything like that. Her only other options were Guilty or No Contest - either of those would mean it was all over.

Anyone facing a charge this serious will always plead not guilty just to give themselves some time to think. This time can also be used to further examine the evidence to see if there are mitigating factors etc. Or it may just be time to organize a plea deal.

I would suprised if the hearing goes ahead - watch for a continuance request - check the website that morning if you need to, or call the court to confirm. Of course if the defense gets a continuance they have to "waive time" (by delaying the trial they are giving up their right to a speedy trial), this gives the prosecution more breathing room too. It's all a big game at the end of the day.

In this case nobody is suggesting there was a specific intent to do harm to this man, so that would have factored in to the decision to charge at the M2 level rather than felony etc. More and more, though, cellphone use is being seen as such a high risk that it's starting to be considered as "more than negligence" in these types of crashes - just like deaths in DUI crashes are sometimes charged as murder because drunk driving is universally considered to be extremely dangerous and not just 'risky'. There will soon be a time when driving while using a cellphone is considered more than just 'risky'.

[Scruit]

I figured...

09/02/2009

• MOTION TO CONTINUE, TIME WAIVER FILED BY CHARLES RITTGER
  

If the Judge grants the motion then the hearing will be pushed out. The first continuance is usually granted as a matter of course.

[buildit]

There will soon be a time when driving while using a cellphone is considered more than just 'risky'.

I hope so. For a nation that views even one death due to food contamination as to much, we certainly don't hold ourselves to the zero tollerance standard when it comes to drivers behaving responsibly.

-Nationwide, officials have said food poisoning is blamed for sickening millions of Americans and contributing to as many as 5,000 deaths per year.

-This is a list of motor vehicle deaths in the United States by year. Of note is that in the two worst years on record, 1979 and 1980, the difference in the total number of deaths was only two. On average in 2008, between 118 and 119 people were killed on the roadways of the U.S. each day

year 2008

deaths 43,313

[F4iBunny]

Don't be surprised if there aren't several continuances filed. The drunk that hit Bret 9/08 just finally was found guilty and sent to jail last week!

[rick37]

how can someone find out if there will be a continued or not, I want to go but not just to see this get carried on and on.

[rick37]

I am just trying to find out if anyone is going to the hearing, I am willing to go but would rather go with others.

If we going to wait and see what happens thats fine...Maybe a ride can be put together, Just a casual ride--I just need to be back before 3 pm.

[Scruit]

Best way to find out is to call the clerk of courts just before the close the business day before. Failing that, call the court when they open.

Don't forget, though, that a continuance could always be filed the next morning right up to the hearing time. In fact a continuance request was filed over a month ago, but the docket does not list a response from the judge yet. It may have already been continued just not listed.

Also bear in mind this is just listed as a pre-trial conference. This is typically just a brief hearing to determine if both sides are ready for the court to set a date for a trial, and if not, why not, and how to make it so they ARE ready. Either it'll just be some legal jargon and nothing really resolved or decided.... Or it may be continued.... Or it may be resolved with a plea deal. Anything can happen.

It's kina tricky to see which way it can go, partly because we don't even have 1/2 the information that the folks involved in the case have. Also, if the defense wishes to go to trial they can typically opt for a jury trial or bench trial (judge is jury too). The normal strategy is to request a jury if your defene is emotional, or a judge if your defense is a precise technical legal one. That is to say, a jury is more likely to feel sympathy for a father on trial for killing his daughter's rapist, whereas a judge won't. A judge is more likely to give an obviously guilty person the benefit of black/white legal logic if the defense is based upon the precise definition of "business use" wherein it pertains to a item of property stolen from a business, and therefore should the means of valuation (for determining felony/misdemeanor level) of the item be simply "Market value" rather than "New Replacement Cost" because the business was not actually using the item for what a reasonable person would consider it's stated use, as required by the valuation statutes. (yes, that sentence was intentionally long winded, because that's how judges, not normal people, process information)

We're right on the tipping point of 'is cell phone use recklessness enough to be considered manslaughter.' A jury could go either way. Not so many years ago a jury would have been more sympathetic to her becuase weve all dont it, right? But more and more these days people are hearing about the dangers of cell phone use in cars (I'm now pimping a fully hands-free voice-activated thimgamyjobber in my cage) and those people are starting to think; "Well, yes of course cellphones are potentially lethal in cars!"

So I can't really say if they'd opt for a jury trial or bench trial. You don't want a judge making a call on what;s reasonable because they don't have the same sympathy. But on the other hand, I supect a jury may agree that the cellphone makes it manslaughter.

I predict a plea deal with depressingly little jail time (or none at all) but a couple years of probation and a healthy fine. Unless the judge/prosecutor have "had enough" and want to send a message out - wherein I would expect her to serve the full 90 days.

[buildit]

Thanks, that's some good info. Would it be presumptious to assume you might have resources to keep us better informed on when and where a ride to show support for our cause would be most usefull?

[Scruit]

Thanks, that's some good info. Would it be presumptious to assume you might have resources to keep us better informed on when and where a ride to show support for our cause would be most usefull?

I'm just going by public information. Nothing special.

[stargazer]

She won't do jail time, "Sruit" is on target with comments. Lebanon Muni is located at the corner of SR123/63 in the center of Lebanon directly across from the Golden Lamb restaurant and catty corner from the City Library, second floor. Parking available in rear of building although limited. From Columbus, head south on I71 to exit 32, SR123, ramp off go right stay on SR123 past the Bob Evans and the Sibcy Cline Realtor, go under SR48, stay west on SR123. Once you're off the interstate, stay straight you'll run right into the Courthouse on the corner, about 5 miles or so off the interstate.

For the record, Judge Bogen is extremely fair and one of the best Judges in Southern Ohio. Firm but Fair.

We all know that cage drivers on average are less than "attentive" but it bears repeating that bike riding is a more or less "risky" behavior to engage in that the average citizen wouldn't consider and the average "do-gooder" would like to see restricted. There are all sorts of things to consider such as encroachment, point of possible perception for both drivers, point of no return, etc. A couple of facts remain, she was negligent and caused the proximate death of another, she is innocent until PROVEN guilty, somethin we all enjoy as a citizen, she didn't intentionally murder anyone. Lastly in cases like this the civil liability outweighs the criminal intent, there is no criminal intent, however much you'd like there to be because you ride a bike. I had a cager swerve into my lane on I71 south this morning. I saw it coming. but i still gave her the stare as I went by. She knew what had happened, you could see the look on her face. Be careful. Ride on.

[rick37]

I will assume that the case will be continued and hold off on the ride down, And go down for the actual trial..I just can't believe that she is only a midimeanor :(

[rick37]

just looked at the update

http://court.lebanonohio.gov/cgi-bin...b=&type=CR&acc=

pre trial set for 10/17 if i read it right

[alab32]

Looks like the hearing is set for the 19th at 1pm

[stargazer]

The next hearing is a "Pre-trial" typically a somewhat informal, low-key meet between Prosecution and Defense, usually pretty short in duration. At times, cases are settled at these types of hearings. Often, a case that is serious like this will not be settled at a "Pre-Trial" at least not the first one. She has Rittgers, same guy working on a pretty interesting Murder case in that area.

[Scruit]

10/20/2009

CASE SET FOR A PRE-TRIAL ON 11/12/2009 AT 1:00 PM

SUBPOENAS ISSUED TO BAILIFF FOR SERVICE UPON

TPR WAULK FOR CRASH AND TOXICOLOGY REPORTS

Another pre-trial coming up. Dunno who they are getting toxicology on, though. I didn't see any mention of DUI in the media reports so far...?

[Scruit]

This case is still ongoing! Most recently, a Pretrial Conference has been set for March 1st.

The wheels of justice are turning slowly on this one...

[BikerBoy]

Are you guys still riding to court ? if i had a motorcycle i'd love to join....

[Scruit]

Are you guys still riding to court ? if i had a motorcycle i'd love to join....

The nature of court hearings is too unpredictable. You'd have to go to every single hearing (and many are continued). You could wind up going there 10 times just to eventually see her lawyer enter a plea agreement.

Even if they schedule a trial, most are continued at least once, and many are continued several times.

If they schedule a plea change hearing then that's worth going to. Otherwise it's a crapshoot.

[chevysoldier]

The nature of court hearings is too unpredictable. You'd have to go to every single hearing (and many are continued). You could wind up going there 10 times just to eventually see her lawyer enter a plea agreement.

Even if they schedule a trial, most are continued at least once, and many are continued several times.

If they schedule a plea change hearing then that's worth going to. Otherwise it's a crapshoot.

So is that a no?

[Scruit]

That is a "If you want to be assured of being there to see the final dispostion live then expect to go to court close to ten times, being disappointed 9 times."

So no, I'm not taking 10 days off work for it.

[chevysoldier]

That is a "If you want to be assured of being there to see the final dispostion live then expect to go to court close to ten times, being disappointed 9 times."

So no, I'm not taking 10 days off work for it.