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Remember this story? (posted below my comments)

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The Santa Monica PD is asking the DA for one charge of manslaughter. Personally I think the old man should face one charge for each victim and the California DMV should totally revamp the license requirements for the elderly. What do you think?



Infant 10th fatality in farmers' market crash
Thursday, July 17, 2003 Posted: 11:30 PM EDT (0330 GMT)




SANTA MONICA, California (CNN) -- A 7-month-old boy died Thursday of injuries suffered Wednesday when an 86-year-old man drove his car through a crowded farmers' market in Santa Monica, California.

The boy was the 10th fatality. More than 50 people were injured when Russell Weller drove his car through the pedestrians-only, three-block stretch crowded with shoppers, police said. Weller may face manslaughter charges, police said Thursday.

The Los Angeles County Coroner's Office identified the latest victim as Brendon Esfahani.

Despite the tragedy, officials said a farmers' market will be held as scheduled Saturday at the same location, along with an interfaith service to mourn those killed and injured.

Weller told police he could not stop his 1992 Buick LeSabre as it barrelled through the crowd. Santa Monica's police chief said Weller might have hit the gas pedal instead of his brakes.

The car finally stopped with a man on the hood and a woman pinned underneath, a witness said.

One witness, Anne Sage, called the scene -- about three blocks from the Los Angeles suburb's landmark pier -- "complete bedlam."

"There was one woman who was obviously killed on the pavement," said Sage, a worker in a nearby office. "I went over to a young girl who was just sitting there, completely dazed, and tried to help her. It was horrendous."

Sage's co-worker, Tracy Williams, said she feels "terribly sorry" for Weller. She said a friend, who attends the same church as Weller, is "just devastated and told us what a wonderful man he is, and I feel terribly sorry for him and his wife."

Santa Monica Police Chief James Butts Jr. called the scene "the single most horrific, devastating scene of tragedy I've ever witnessed in 30 years of law enforcement."

Butts said Weller could be charged with manslaughter once police turn the case over to the district attorney's office, which he said could happen in two to three weeks.

"I think at the end of the day we're going to find a driver that had diminished capacity -- and whether that's going to rise to the level of manslaughter, that's going to be for the DA to ascertain," he said.

Hospital tests found the driver had no alcohol or psychiatric medications in his system at the time of Wednesday's crash.

Investigators searched Weller's home Wednesday night looking for prescription drugs or other evidence that could indicate he "had a diminished capacity to drive," Butts said.

"He seemed confused to me, but he had been through one of the most tragic crashes that I have ever seen," Butts said.

Weller's attorney, Jim Bianco, released a statement from the family late Wednesday:

"Mr. Weller and his family want to express their deepest sympathies to the victims and their families of the tragic accident earlier today.


Driver Russell Weller leaves the police station with an unidentified relative Wednesday.
"This was an unintentional and unfortunate accident. Mr. Weller is very shaken up, but his thoughts are with the victims and their families."

Weller's car will undergo a mechanical investigation, Butts said.

Butts said officers have interviewed more than 100 witnesses, who gave conflicting reports regarding the driver's demeanor at the time of the crash.

"We're attempting to determine whether this was a straight accident -- medically related -- criminal negligence or criminal homicide," Butts said. "Right now it looks as though there may be some negligence as far as his capacity to drive safely."

There was no indication Weller intended to injure any pedestrians, Butts said.

Police released Weller from custody Wednesday evening after detectives interviewed him.

The car stopped only after a pedestrian was thrown into the air and landed on the windshield of the vehicle, Butts said.

Witness Joe Crisman said 10 people lifted the car off a victim, who was still breathing.

Another witness, Lore Caulfield, said: "It was like a Sherman tank barreling through, hitting everything, just going right over people. He was not only speeding, he was accelerating."

Cynthetiq

yep down the street from our LA office.... shame.. bloddy shame..

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Mephisto2

What's the point of charging him ten times?

He's old. It was obviously an accident. He will be found guilty of manslaughter.

It's not as if he's going to go to jail long enough to serve 10 sentences.

Mr Mephisto

Phaenx

He commited a crime, he should answer for all charges. Old man or not.

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"I went shopping last night at like 1am. The place was empty and this old woman just making polite conversation said to me, 'where is everyone??' I replied, 'In bed, same place you and I should be!' Took me ten minutes to figure out why she gave me a dirty look." --Some guy

Mephisto2

But you know as much as I do that people are NOT charged with all their crimes when prosecuted.

Taking one charge, and finding him guilty of it, will result in the same thing.

Charging him for all cases will simply cost more money, more time, more heartache for all sides concerned.


Mr Mephisto

Phaenx

So charge him for one case and apply it across the board, or treat the incident as one crime. As long as he answers for every crime.

__________________
"I went shopping last night at like 1am. The place was empty and this old woman just making polite conversation said to me, 'where is everyone??' I replied, 'In bed, same place you and I should be!' Took me ten minutes to figure out why she gave me a dirty look." --Some guy

Destrox

Age is of no matter, charge him for what he did.

You can find one loophole for 1 charge, but try finding one for all 10.

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You bore me.... next.

Mephisto2

It's got nothing to do with age, but everything to do with appropriate utilization of the court's limited resources.

It makes no sense in this situation, and in practically all other similiar situations, to charge a felon with each and every offence.

It just doesn't happen.

Mr Mephisto

omega2K4

Give 'em 10 counts. He was driving, he should be responsible of what happened, accident or not.

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SecretMethod70

Responsible, yes, but the punishment for 10 seperate counts of manslaughter does NOT match the crime here. If he is charged with 10 counts he will very likely spend the rest of his life in prison. People should not be sentenced to life in prison for an ACCIDENT.

It was terrible, yes. He was at fault, yes. He shouold be charged with something, yes. But one of the problems with the way the law is administered now is the lack of humanity. The same thing that brings us to charge a man in a circumstance like this with 10 counts of manslaughter is the same kind of "no thought" application of the law that recently got a girl expelled from school for sharing MYDOL.

This man does not deserve to die in prison.

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j8ear

Respectfully sir, I disagree. My experience tells me that for most people, the DA or US attorney, or whoever, charges a defendant with every single possible violation of the law committed, and then some. From wearing out of fashion accessories, to having soiled skivvies, to killing 10 and injuring over 50, to resisting arrest, to having a headlight out to not wearing your glasses, to failure to yield, etc, etc, etc.

In fact charges are often filed in that if a jury is unable to convict for man-slaughter, hundreds of tertiary, or lesser violations are presented for consideration, in an effort to secure ANY conviction.

Happens all the time, and is one of the cherished methods employed by the government to secure a guilty plea on some charges, to prevent prosecution on others, there in actually preventing the need to prosecute anything. Some would even argue that this actually saves money.

I don't like it personally, and find it to be a rather abusive government practice. Stacking the deck if you will, and NOT in favor of the citizen.

I would like to see the practive abolished, but that is unlikely in my lifetime. Rescinding government power or having the government relinquish it's cherished power is unlikely.

With that in mind. Man Slaughter is one thing for which each and every man slaughtered should have their slaughterer face the music. Old man or not imho.

-bear