cop charged with misdemeanor

[creekster]

the cop that fell asleep and klilled the cycklists s few months a go has been charged with a misdemeanor. UNder the circs., probably not a bad result.

http://www.sfgate.com/cgi-bin/articl...CBFJ.DTL&tsp=1

[bluegoose]

Originally Posted by creekster

the cop that fell asleep and klilled the cycklists s few months a go has been charged with a misdemeanor. UNder the circs., probably not a bad result.

http://www.sfgate.com/cgi-bin/articl...CBFJ.DTL&tsp=1

Not a bad result for whom? The officer? I think he came off very well, considering the circs.

It says he faces "up to two years in county jail if convicted". Realistically, what is he looking at? How likely is it that he actually serves time, and if so, how much time?

While I feel badly for the officer who has to live with this the rest of life, it makes me sick to think that he could get off with little more than a slap on the wrist. Two lives ended, another seriously injured. Many other family members seriously affected.

[creekster]

Originally Posted by bluegoose

Not a bad result for whom? The officer? I think he came off very well, considering the circs.

It says he faces "up to two years in county jail if convicted". Realistically, what is he looking at? How likely is it that he actually serves time, and if so, how much time?

While I feel badly for the officer who has to live with this the rest of life, it makes me sick to think that he could get off with little more than a slap on the wrist. Two lives ended, another seriously injured. Many other family members seriously affected.

It nmakes me sick too. But the guy was not drunk or under the influence and in fact his system was clean. He fell asleep. I would hope he would plead guilty or nolo and about a year or two sounds right to me.

[Archaea]

Creekster's position is understandable, but it is still disappointing that two deaths results in nothing more than a slap on the wrist. This quote is also relevant.

Anthony Borba, a captain of Gough's Third Pillar Racing Team and a friend of Peterson's, said he was concerned about officers being put behind the wheel after working lengthy shifts.
"My concern is not that they throw this guy in jail," Borba said. "My concern is taking a hard look at who was responsible and whether they were negligent. If drugs and alcohol weren't involved, I think we need to look at the department, his commanding officer and why he was put in a car in that state. It was an entirely avoidable accident if someone is alert and awake."

[bluegoose]

Originally Posted by Archaea

Creekster's position is understandable, but it is still disappointing that two deaths results in nothing more than a slap on the wrist. This quote is also relevant.

I found that same paragraph interesting as well. I assume he is from the cyclist's racing team. I find it less of an issue than he does. Say he works from 7am-7:30pm and then has to report back to work at 7:00 the next morning. How hard is it do get well rested with that kind of a schedule?

He says:

"If drugs and alcohol weren't involved, I think we need to look at the department, his commanding officer and why he was put in a car in that state."

Did the officer show up to work unshaven in his pajamas with his eyes half-shut (or is it half-opened)? I highly doubt it. I can't for the life of me see why anyone would even entertain the idea that the department was somehow partially responsible for this. People do 12 hour shifts all the time without falling asleep 4 hours into the second shift. The blame lies completely with the officer, imho.

[creekster]

Originally Posted by bluegoose

Did the officer show up to work unshaven in his pajamas with his eyes half-shut (or is it half-opened)? I highly doubt it. I can't for the life of me see why anyone would even entertain the idea that the department was somehow partially responsible for this. People do 12 hour shifts all the time without falling asleep 4 hours into the second shift. The blame lies completely with the officer, imho.

THat part is all about money. This is the theory of liability.

I am sickened by what happened. But I have fallen asleep while driving before, and I suppose I was neglgient but I certainly didn't think so at the time. But for the grace of God or by good luck I didn't kill anyone. THis deputy was on duty and fell asleep. It was tragic. It is horrible. IF (note, that is a big if) he is incarcerated for 12-24 months, I do not think that is a mere slap on the wirst. GIven his level of improper conduct (going to work while tired) I think this is about right. As much as I hate to say it, and as sad as the accident makes me, and as sensitive as I am to the risks of the orad and the need to make drivers resposible (remember, I have been commuting about 3-4 times a week) I just don't see how more punishment would fit this crime.

[Archaea]

Originally Posted by creekster

THat part is all about money. This is the theory of liability.

I am sickened by what happened. But I have fallen asleep while driving before, and I suppose I was neglgient but I certainly didn't think so at the time. But for the grace of God or by good luck I didn't kill anyone. THis deputy was on duty and fell asleep. It was tragic. It is horrible. IF (note, that is a big if) he is incarcerated for 12-24 months, I do not think that is a mere slap on the wirst. GIven his level of improper conduct (going to work while tired) I think this is about right. As much as I hate to say it, and as sad as the accident makes me, and as sensitive as I am to the risks of the orad and the need to make drivers resposible (remember, I have been commuting about 3-4 times a week) I just don't see how more punishment would fit this crime.

If he were an ordinary citizen i agree.

I disagree for these reasons friend.

He's an officer of the law. He has a public duty to be alert. He deviated from his duty so I believe he should be held to a higher standard.

[creekster]

Originally Posted by Archaea

If he were an ordinary citizen i agree.

I disagree for these reasons friend.

He's an officer of the law. He has a public duty to be alert. He deviated from his duty so I believe he should be held to a higher standard.

I understand this point, and I would not be offended if he was charged and punished under this idea, I suppose, but I still think the current prosecutorial approach here, in this case, is about right. My opinion might change, btw, based upon his conduct in responding to these charges.

[Coach McGuirk]

It was and is an unfortunate accident that occurred. 2 years seems light to me, but I am not sure what good comes from a harsher sentence. It does not mention but I will assume he loses his job over this. That would also be a just punishment. I suspect he will have to find a complete new career. In the end no amount of time in jail will help the bereaved families recover from their losses and if the accused is not allowed to "protect and serve" anymore, then he is most likely not a continuing threat.



although, I still cant figure out how you fall asleep on a curvy mountain road, seems like it would keep you alert by itself.

[SteelBlue]

Originally Posted by creekster

I am sickened by what happened. But I have fallen asleep while driving before, and I suppose I was neglgient but I certainly didn't think so at the time. But for the grace of God or by good luck I didn't kill anyone. THis deputy was on duty and fell asleep. It was tragic. It is horrible. IF (note, that is a big if) he is incarcerated for 12-24 months, I do not think that is a mere slap on the wirst. GIven his level of improper conduct (going to work while tired) I think this is about right. As much as I hate to say it, and as sad as the accident makes me, and as sensitive as I am to the risks of the orad and the need to make drivers resposible (remember, I have been commuting about 3-4 times a week) I just don't see how more punishment would fit this crime.

As a driver who has also fallen asleep at the wheel once, I agree with your assessment here. I personally doubt the guy does any jail time, and honestly I don't know that jail time really does anything to fix the problem of a driver who falls asleep. "Now you sit in there and remember to never drive tired again."

A good friend of goose and myself is one of the better cyclists I know (just disclosing that he has the same bias we all have) and he has a much different theory about what happened that really hadn't crossed my mind until he brought it up. Basically, he doesn't buy that the officer fell asleep. He says drivers rarely fall asleep on the curvy part of a road because it takes more concentration to navigate. It's the long straightaways that are usually the trouble (this was true in my case) as they take very little alertness to drive if nothing out of the ordinary occurs. He feels that this officer was driving fast through the curves on purpose. Maybe testing out the limits of his car or some sort of thing. Anyway, he thinks the falling asleep at the wheel thing is quite possibly a cop out (pun intended) as the officer knows there is no way to prove he wasn't asleep at the wheel.