How to get away with murder.

I often get frustrated at how we, in this society, tend to forgive an enormous amout of behavior that would be criminal if any object other than an automobile were used.  Crimes that would inspire public revulsion and a long maximum sentence are virtually ignored if the weapon is car.  It's not unusual for people who KILL pedestrians or cyclists to be given no sentence at all.  Sometimes you can kill multiple people and go scott free.

A couple of years ago a driver with MULTIPLE tickets killed a pedestrian in West Seattle.  The police did not ticket the driver.  Although he was speeding and ran a red light and the DA declined to press charges.  They said that since he was a father, a religious leader and a 'moral' man he should be forgiven.  He'd killed someone and there was a pattern of behavior that predicted it!!

Unfortunately for him, although he used the correct weapon for murder, he killed an important person, the aide to a city council member.  The council insisted that the county file charges.  He had a trial (he hit another person between the murder and the trial and got a speeding ticket DURING the trial!)  He was found guilty and given a suspended sentence. No jail time at all. A spree of violence and a cold blooded murder and no jail time.  Chilling?  What's worse is that this violent terror did not lose his driving privileges at all.

I think we've got to stop the special exceptions for assault, battery and murder that go easy on someone if a car is the weapon.  I've ranted about it for years.  I've been wanting to do a blog post on it for 15 years. I've never had the right words, calm enough but strong enough.  Insightful and clear enough to force the paridm shift away from the typical car-head perspective.

We had a terrible crime last year when a cyclist was killed and the driver drove off.  That driver was finally caught and confessed this week after yet another hit and run.  Unfortunately, the maximum sentence allowable for this murder is only 41 months.  The law is so lenient solely because of the weapon used. The prosecution is soliciting letters from the community to give to the judge to help with the sentencing.

I wrote something very quick.  While i don't think it's very good, at least it's to the point.

 Here's what i wrote:

This kind of crime makes people angry.  And it should. It makes me very very angry.

What i WANT is for this guy to be locked up forever and throw away the key.  But that doesn't help anyone or change anything.  That's emotion talking.  It's anger, it's revenge.  It doesn't help me, or him.  Nor does it help or society in general, which is, after all, the point.

What IS important is that he DOES NOT drive anymore.  That is what makes a difference; that is what is important to me, and for that matter that is what is important for society.   It's better for the city of Seattle that this person does not drive a car. And it's good for him too.

Personally, i think he should NEVER be allowed to drive a car again, and that would be my strong vote.  But again, putting emotion aside and trying to think logically, i would suggest a very long license suspension, 4 years at the very minimum, probably much more.  Suspend his driving privileges and give him an ORCA card.  Make his probation dependent on not driving a car. 

And then make it very public that this extremely dangerous driver will be prevented from driving.   That might work as a detergent for future murderers.  And if he IS ever allowed to drive again, he should have to undergo some sort of strong training in safe driving before his privileges are restored.

I don't think it's very well written, or expresses my thoughts well. Now i know it's odd to link to a COMMENT in a blog post,  (Normally all comments on the internet are a good argument for why the internet is idiotic.) but user merlin on Seattle Bike Blog posted their letter in the comments.   It's exceptionally well written.  This is it.  It is what i wish i had said:

We have a parallel case going to trial in Seattle soon:
A 20-year-old man was charged Friday with second-degree murder in the shooting of Justin Ferrari, a father who was driving with his family in the Central District when he was struck by a stray bullet. The suspect, Andrew J. Patterson of Federal Way, was arrested Thursday and booked into the King County Jail. He faces up to 23 years in prison if convicted.

Mr. Patterson did not intend to kill Justin Ferrari. He recklessly fired a shot across the street where Ferrari was driving. He fled the scene, and was eventually tracked down by the police. He is charged, appropriately, with second degree murder, with a possible sentence of 23 years in prison.

Mr. Garcia-Reyes did not intend to kill Michael Wang. He recklessly propelled a dangerous vehicle across the street where Wang was riding. He fled the scene, and was eventually tracked down by the police. He is charged with felony hit and run, with a maximum sentence of 41 months.

Mr. Garcia’s crime is just as serious as Mr. Patterson’s, although it is treated much less seriously by the law. He should receive the maximum sentence. Mr. Patterson, if convicted, will be prohibited from owning a gun. Mr. Garcia-Reyes should be prohibited from driving a car.

These punishments do not even begin to make good the harm caused by these men’s actions. In a just world, Mr. Garcia-Reyes would be required to spend the rest of his life riding a bicycle and teaching classes to automobile drivers about the awesome responsibility that comes with driving.

In addition, Mr. Garcia-Reyes should be required to provide restitution to Mr. Wang’s family in whatever form the family requests.