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lap tops / texting/reading/ lack of sleep .. can be deadly

morningstar55ny

morningstar55ny

Veteran Expediter
Driver
Trucker Watching Porn Blamed for Fatal Thruway Crash | WKBW News 7: News, Sports, Weather - Buffalo, New York | Local News

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OK . now this is a whole different incident

Trucker Watching Porn Blamed for Fatal Thruway Crash | WKBW News 7: News, Sports, Weather - Buffalo, New York | Local News



By WKBW Directors
Story Published: Jan 27, 2010 at 3:21 PM EST

(Story Updated: Jan 27, 2010 at 3:27 PM EST )
BUFFALO, NY (WKBW) -- New York State Police have made an arrest after completing their investigation into the fatal motor vehicle accident that killed 33-year-old Julie Stratton on Interstate 90 back in December of 2009.

Stratton had initially struck a deer which disabled her vehicle in the lane, and was then struck by a tractor trailer. Stratton was killed as a result of injuries sustained after being struck by the tractor trailer.

The police investigation revealed that the driver of the tractor trailer was in violation of the Transportation Law. He was operating the tractor trailer while keeping fictitious log books, and by remaining on duty for over 27 hours with a very limited amount of sleep.

Investigators say that the operator was driving on only about four hours of sleep at the time of accident.

The investigation into the driver's actions at the time of the incident also revealed that he was using a lap top computer, which was on his lap, to stream pornographic movies while he was operating the truck.

The driver of the truck, 45-year-old Thomas Wallace of Ohio, was arrested on charges of 2nd degree Manslaughter and is being held in lieu of $50,000 cash or $200,000 bond.
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P

Poorboy

Expert Expediter
I Know a Driver Named Tom Wallace who Lives Near Swanton Ohio About that Age, Wonder if that's Him? Have to do some Checking!
 
LDB

LDB

Veteran Expediter
Retired Expediter
Charging the driver with second degree manslaughter is just wrong. How can they make that charge? The driver kept 2 sets of logs to drive illegally. The driver did what he had to know was wrong and illegal watching video while driving (regardless of what it was on video). He should be charged with first degree murder. It was as premeditated as any other planned killing. He specifically planned the illegal logs and the movie watching. He's a murderer. Period.
 
Brisco

Brisco

Expert Expediter
LDB said:
Charging the driver with second degree manslaughter is just wrong. How can they make that charge? The driver kept 2 sets of logs to drive illegally. The driver did what he had to know was wrong and illegal watching video while driving (regardless of what it was on video). He should be charged with first degree murder. It was as premeditated as any other planned killing. He specifically planned the illegal logs and the movie watching. He's a murderer. Period.
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Do what?

And you earned your Law Degree where?

This has to be one of the most ridiculous things I have read on this board for quite some time now.

Look up the definition of "Murder". Where's the "Intent"? Sure, this guys actions caused this ladies death, but he didn't do all those other illegal actions with the plan of causing the death of another human being.

Now, if we found his diary and in that diary he wrote out his plans for that day and it went something like this:

1. Drive 27 hours
2. Sleep 4 hours
3. Fill out Log Book #1
4. Fill out Log Book #2 and keep hidden(Just In Case)
5. Watch Porn on Computer while driving
6. KILL first person I have a chance to with my truck by any means because I could possibly get away with it by making it look like an accident.

That my friend would be a "Murder" charge. He planned it out with malicious intent.

A "Manslaughter" charge is correct here. Yes, while most of his actions that day were illegal, he didn't intend to kill that lady, but his illegal/reckless actions did cause her death. I don't know much about New York penal statutes when it comes to punishment for convictions, but if that happened down here in Texas, the penalties for "Manslaughter" convictions are sometimes just as harsh as they are for "Murder" convictions.

But again, this happened in New York, a very liberal state, so even if this guy is convicted on these manslaughter charges, he very well could be back behind the wheel of a truck within the next 5-10 years. In Texas, if convicted, I could see him down in Huntsville for the next 15-20 years of his life.
 
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LDB

LDB

Veteran Expediter
Retired Expediter
I got my law degree from the college of much tougher standards and penalties university. I don't know that falsifying logs is a felony or I'd call it felony murder. Just because it's not on the books the way it should be doesn't change what it is.
 
Brisco

Brisco

Expert Expediter
LDB said:
I got my law degree from the college of much tougher standards and penalties university. I don't know that falsifying logs is a felony or I'd call it felony murder. Just because it's not on the books the way it should be doesn't change what it is.
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All I have to say with this quote is we both the same outlook when it comes to "penalties". (punishment)

He was charged accordingly and within what the law calls for. He had no intentions of killing that lady while he was commiting these other "unlawful" actions. Yes, falsifying logbooks is a crime. A "Felony", not so sure, unless there is a history of misdemeanor convictions for falsifying logbooks. Also, not sure if there is any statute in New York that makes it a crime to watch porn on your laptop while it is ones lap while in the action of operating a mobile vehicle. Does New York have a "No Cell Phone Use" law in effect while operating motor vehicles? Even at that, a laptop is not a cell phone, so was he really committing a crime watching porn on his laptop?

My opinion, this case will be plead out well before it even gets close to a court room. I see an "Involuntary Manslaughter" plead with punishment maybe being 8-12 years "Suspended". That means he might serve 1 year, maybe 2, and then paroled for the remainder of the sentence. Especially up in New York state. In Texas, about the same if not a longer "Suspended" sentencing with actual time served being upwards of 5 years.

Now, I am right there with you on your "tougher standards and penalties" thoughts. Yes, I'd throw the book at this guy, period. I also wish for the Death Penalty for Driving While Intoxicated, Convicted Pedophiles, Murders, and Rapists. And my wishes also include "Life" with no parole for all other crimes.

Rob a conveinence store for $7.00 and a pack of cigarettes, LIFE in prison with NO parole. Blow a .12 after being stopped for suspicion of Driving While Intoxicated. That little machine just proved you are intoxicated, so why waste our money with court hassles? Execution on the spot, call the coroner to pick up the body on the side of the road. Hell, 1/2 a mile down the road it could have been somebody else's body the coroner might have been picking up if this guy had not been stopped when he was stopped, right? There are a couple 3rd world countries where "Death" is the penalty for DWI's. How many DWI cases do those 3rd world countries handle every year? Very Very Few, if any.

So yes, our views are the same when it comes to punishment, but we all, even the criminal elements, have that tricky "Bill Of Rights" we have to live by or are defended with, so live with it we must.
 
Brisco

Brisco

Expert Expediter
RLENT said:
You must not be reading much on here lately then ...... but I will agree: it was pretty silly.
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Well........now that I think about it.:D

Maybe I was being too flippant when I really shouldn't have been.

It's better to school one than to scold one. Know what I mean.
 
RLENT

RLENT

Veteran Expediter
Brisco said:
It's better to school one than to scold one. Know what I mean.
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Do indeed ..... but on the other hand my schooling included no shortage of scolding ....

I'd say the scolding was probably of more benefit to me personally than much of the other crapola they were pushin' at the time ..... :D
 
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