Negligent Homicide

[ApS]

Originally Posted by Irish mist

So which "theory" is it ? Was Mr. Thompson not keeping a proper lookout, or was he speeding ? Seems like the state is throwing pasta against the wall here to see if it sticks ! I've read a little bit about this case. There was no alcohol involved, and from what I can tell Mr. Thompson is a responsible businessman & airline pilot. Heavy rain & fog......seems like an accident to me unless the state has some facts, and not some "theory".

In any case following the Blizzard trial I don't envy Mr. Thompson. With the public outraged over her sentence the courts might be looking to make an example of someone.

Now that I've read it, and the news article isn't very forthcoming, but my take on it (in accord with FLL) is based on this key sentence:

"...At the time of the crash, Lt. Terrence Kinneen of Troop D said Howard lost control of her car which left the highway, went into the median and struck a tree on the driver's side..."

That she "lost control of her car" should tell us that her car was in motion (and not stopped on the highway).

What likely happened is that Thompson was traveling faster—perhaps "way" much faster—than Howard, and struck her car from behind under conditions too fast for the allowed speed. (In agreement with FLL).

Under "rear-ender" conditions, it's possible to lose control even at slow speeds, but it's conceivable that the impact threw Howard from the driver's position. Adding: Without seatbelts, it's not easy to steer from the passenger footwell.

In automobile racing, this can be used to a racer's advantage.

It's seen often-enough in NASCAR, but "punting another car into the bushes" is frowned upon in road racing. "Punting" accelerates the leading car (the "puntee") into loss of control. The advantage goes to the "punter", whose car is automatically slowed adequately to make the corner.

Recently in Formula 1, a team manager advised a driver to "take out" another driver using this technique— —over a radio monitored by race officials .

Very "ungentlemanly", but automobile racing championships—worth million$—have been won in this way.

Of course, the State is too cheap to pay for an expert with knowledge of the dynamics of auto crashes but Attorney Moir needs only to shake out one "expert" who can tell the best story for the defense.

"The Truth" in our legal system does not appear "in the middle"—some have been fooled into that belief. Our system was designed for profit.