Yeah, duh, double jeopardy an all. I was hoping no-one would notice that little slip up. Well hell, I ain't exactly a criminal lawter. Was still half asleep. Dumbass thing to write.

Damn - you had me hoping you have different laws down under - keep prosecuting the guilty until you PROVE they are guilty!!

 

only charging the deputy with a misdemeanor at this point...guess it does pay off to be in law-enforcement when something like this happens.

R.I.P.

Always does..."The Blue Shield" strikes again. I do understand that many cops are cool, but man, in reality I believe many of them need to be behind bars as much as the perp's they bring in. Heck, here in Flint they run the prostitutes, dog fights, and drugs.

Godspeed to the family and friends of the victim.

Gary

 

Rip

 

This is a case of complicated laws and high minded esoteric principals totally overcoming common sense and justice..

I think it is a good example of the principles of justice that separate us from a lynch mob.

The lawyer who represented this guy made the correct call in going for a bench trial (ie. one decided by a Judge) for the very good reason that your average Jury is incapable of making the distinctions necessary in this case.

The Judge, based on the evidence presented to him, determined that the Defendant's intoxication was not the cause of the crash. Because the prosecution failed to make the case - he was acquitted of the manslaughter charge.

He was, however, convicted of the OWI charge. And the penalties imposed are pretty severe: Three years probation, a year of weekends in jail (thats a hundred days.) Plus he has to maintain absolute sobriiety - ie. stop by the local Police Dept. every couple of days for testing - subject to random checks at any time. Plus his career in Law Enforcement is over. I wouldn't call that a "slap on the wrist."

Unfortunately motorcyclists die in collisions every day, and not every one of these collisions involves alcohol. It would therefore be a mistake to assume that alcohol is the sole cause of any crash.

 

Three years probabation, a year of weekends in jail (thats a hundred days.)

Unfortunately motorcyclists die in collisions every day, and not every one of these collisions involves alcohol. It would therefore be a mistake to assume that alcohol is the sole cause of any crash.

Correction - it's two months of weekends in jail. That's 16 days.

I agree that Telban was well-represented. It's his right to hire a good lawyer - and he did. The points that I feel were NOT well made by the prosecution were that anyone with a .24 BAC is NOT going to be able to judge distance and speed on an approaching motorcycle correctly (it was night - the bike has a LIGHT) and also the fact that the death is the direct result of a criminal act. It is a CRIME to drive while intoxicated - if James Telban had not willfully committed that crime, Peter Volkmuth would still be alive today.

 

Correction - it's two months of weekends in jail. That's 16 days.

I agree that Telban was well-represented. It's his right to hire a good lawyer - and he did. The points that I feel were NOT well made by the prosecution were that anyone with a .24 BAC is NOT going to be able to judge distance and speed on an approaching motorcycle correctly (it was night - the bike has a LIGHT) and also the fact that the death is the direct result of a criminal act. It is a CRIME to drive while intoxicated - if James Telban had not willfully committed that crime, Peter Volkmuth would still be alive today.

The family needs to sue Telban in civil court and charge him damages, take his pension, and a portion of what ever he earns for the rest of his life. Stupidity like this should be punished and there is no tougher punishment than to have to support the family of the person that he killed while he was drunk.

 

There is no stronger advocate for police officers than me.
However, when there is a turd like this, who literally gets away with murder, the special trust and confidence of the public towards the LEO community will take a permanent hit.
I hope the family can get their due in civil court.
But.......OJ lost big in Civil Court....and the Goldmans have not seen a penny yet!

 

...I wouldn't call that a "slap on the wrist."

It is compared to being dead.

Unfortunately motorcyclists die in collisions every day, and not every one of these collisions involves alcohol. It would therefore be a mistake to assume that alcohol is the sole cause of any crash.

Do you really believe that alcohol can't be the sole cause of any crash?

 

Do you really believe that alcohol can't be the sole cause of any crash?

Look at it this way: Say you were sitting, stopped at a traffic light. A motorcyclist slams into you from behind, killing himself instantly.

Are you guilty of manslaughter? Obviously not.

Now, say you are still motionless at the same traffic light, but this time you are legally intoxicated. The same motorcyclist slams into you, again killing himself instantly.

Are you guilty of manslaughter through intoxicated operation of a vehicle?

No - because your intoxication did not contribute to the crash or to the death of the motorcyclist. He would have been killed if you were drunk, sober, or even if there had been no one in the vehicle.

 

Drew, that illustrates your point, granted, but is not even remotely similar to what happened. This guy pulled out in front of the bike. He was totally wasted. Not a bit tipsy, like .08. He was SMASHED. If he had been sober it is almost certain that he would not have hit the motorcyclist in my opinion. He is an officer of the law and should be able to handle his car better than the average punter, and being always alert behind the wheel it should be assumed safely that HAD HE BEEN WITHIN THE LEGAL LIMIT he would not have hit the motorcyclist.

To me, if something would NOT have happened, BUT FOR some other thing, then that other thing is the cause of whatever happened. Other factors are just red herrings and can, in those circumstances be disregarded.

Even if the biker was travelling faster than the limit, that is something a sober driver can adjust for. Other vehicles exceeding the speed limit is normal and to be expected. It should have, to a SOBER police officer, drawn his attention like a radar to the biker. There is no indication his lane changes were illegal, and all they should have done was make him MORE visible due to the more observable movement of the bike from the drivers perspective.

I maintain the decision is BS. The guy on the bike would be alive if the driver had been sober. End of story. If the biker killed had been a cop and the driver a civilian, I wonder what the outcome would have been?

 

Karl, as a lawyer surely you should know better than to pre-judge a case based soley on newspaper reports?

Neither you, me, or anyone else here was in the courtroom, or has seen any of the actual evidence. The Judge who made the decision in the case DID see and hear that evidence. Apparently there was a fair amount of evidence indicating that the motorcyclist who was killed may have contributed to the crash (ie. - high rate of speed, multiple lane changes.) Also, the physical location where the crash occured is said to have severely restricted sight lines - making it a hazardous location under any circumstances. Your point about a police officer having superior driving skills is interesting - but cannot be applied due to the "equal protection" clause of our Constitution (14th Amendment) - basically saying that you cannot apply special standards to one type of defendant. And lastly, we have that legal standard of "reasonable doubt."

I am sure a lot of people would like to see this as a situation where the Police and Courts conspired to give "one of their own" a special deal. And I'm sure that such things do happen - but I don't believe that is the case here.

 

....I am sure a lot of people would like to see this as a situation where the Police and Courts conspired to give "one of their own" a special deal. And I'm sure that such things do happen - but I don't believe that is the case here.

Why? Heck, about 70% of the cops I have come in contact while off duty (some of whom are/were friends) openly brag about such things as "free passes" on everything from speeding to drunk driving.

 

Drew, you're right. I don't have all the evidence. My opinion that the decision smells is just an opinion. But I have a little exposure to the way judges pre-judge things, then look for a way to justify their decisions. This just smells a lot like that to me.

 

I'm not an attorney, and I wasn't in the courtroom, but I can say with reasonable accuracy, if the cop had been the one killed, the verdict would have been much different. The system protects its own.

When I went through my first divorce, my grandfather called my ex-wifes attorney, a friend of his, and asked him to "help" with the outcome. I ended up coming out of it smelling like a rose. For once the woman got the screwing. Wasn't right, just the ways things happen.

 

The cop will be charged in the end, just like a civilian watch!!!

 

Family sues cop, country club, and bartender

Wrongful death suit accuses Telban, country club, bartender


(October 10, 2007) — The family of a Greece man killed last year in a crash with an off-duty Monroe County sheriff's deputy who was driving drunk has filed a lawsuit against the former deputy and the country club that served him alcohol.

According to state Supreme Court documents, Shannon L. Volkmuth, wife of Peter S. Volkmuth, is seeking unspecified damages from James R. Telban Jr., the Braemar Country Club and bartender Karen J. DeVay, related to the loss of Volkmuth's husband.

Peter S. Volkmuth, 27, was killed Sept. 6, 2006, when his westbound motorcycle hit the side of Telban's pickup truck as Telban left the 4704 W. Ridge Road country club after a golf outing. Telban's blood-alcohol content was 0.24 percent — three times higher than the level needed to bring a charge of driving while intoxicated.

Telban, 45, a 19-year veteran of the Sheriff's Office, resigned from his job a week later.

He was acquitted in May of a felony charge of second-degree vehicular manslaughter and convicted of two counts of misdemeanor DWI. Monroe County Court Judge John J. Connell sentenced him in June to probation, weekends in jail, home confinement and community service.

In the lawsuit, Shannon L. Volkmuth alleges negligence on Telban's part for driving while intoxicated and failing to yield the right of way.

The suit, filed Tuesday, also alleges wrongful death and claims Telban engaged in "... reckless behavior and a flagrant disregard for the life, health and safety of the general public, and Volkmuth in particular."

The suit also claims the Braemar Country Club and DeVay bear responsibility for Volkmuth's death because they served alcohol to a visibly intoxicated Telban.

Attorneys for Telban and the country club could not immediately be reached for comment.

 

Maybe this time it will break on the side of justice.

 

I know that there can be no jail time, but the punishment should sting like the very devil. Mrs Volkmuth is doing the right thing. I hope that Telban pays heavily for the rest of his life, he owes this woman a lot.

For the bar and the bartender, they also violated the law, and they are responsible for damages.

 

Yep, bars have been successfully sued here as well - including by the DRUNK after they got hit by a car leaving the pub because they were drunk and couldn't cross the road. Hopefully this time the widow will get justice.

 

dont want to stray from this rediculous story, but I had a good friend killed by a cop about 9 years ago. There was a group of bikes speeding and the cop pulled out in front of them purposely, as they started going around the office to avoid a collision he bagan to change lanes and dart around the road attempting to make contact with the bikes. He hit 3 bikes in his erratic driving, one was my buddy chuck. 2 of the bikers were able to regain control, chuck on the other hand was rammed again after the first contact wihth the officers car. the second collision threw him onto the shoulder where he hit an embankment and a drainage tube that went below the ground. The impact killed him within 10 minutes. The office got charged with crossing over center and put on 2 month probation. He never recieved anything for him murdering Chuck and his wife and 2 children of 1 and 4. have to spend the rest of their lives without him now.

 

Total Sadness.

Morf