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Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 5:02 am
by Liberty
srothstein wrote: Mon Jun 24, 2019 11:51 pm
I am still curious how the accident occurred. So far as I have seen, no details on how the accident occurred have been released. Since he was charged, I am guessing (and it is only a guess) that he somehow crossed the center line to hit the bikes. What made him cross the line would be critical to any charges being supportable.
And to hit at least five bikes, he must have made a sudden swerve instead of a slow drift to cross the line. A slow drift across the line would have allowed most of the bikes to avoid him. Even a sudden swerve should have let some of the bikes avoid him, though a few might have gone down trying to stop.
I am very curious about the arrest also, and the finding of the heroin residue. If it were just the average accident, it would not take the fugitive unit to make the arrest. He could have been asked to turn himself in or just had a couple detectives go get him. And when he was arrested, it doesn't justify much of a search of the house. Police can search for weapons for their own safety then, of course. They can also search the immediate area of the arrest as a search incident to arrest. But these have been restricted in recent years to searches for evidence of the suspected crime and for officer safety.
All told, these things tell me there is a lot more going on here than has been released. I would like to see more on this.
The Residue was found at his home in another state (Mass.). He is a Mass resident and the accident occurred in New Hampshire. The New Hampshire police had previously let him go right after the accident.
I think its noteworthy that New Hampshire's state motto is to " Live Free or Die", while Massachusetts is a socialist commonwealth that does not recognize the American constitution, nor other human rights.
Are you required to have a CHL to drive a pickup truck and trailer for an employer? I hope not, because is so I have inadvertantly broken the law in the past.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 6:58 am
by srothstein
Liberty wrote: Tue Jun 25, 2019 5:02 am
The Residue was found at his home in another state (Mass.). He is a Mass resident and the accident occurred in New Hampshire. The New Hampshire police had previously let him go right after the accident.
I think its noteworthy that New Hampshire's state motto is to " Live Free or Die", while Massachusetts is a socialist commonwealth that does not recognize the American constitution, nor other human rights.
Are you required to have a CHL to drive a pickup truck and trailer for an employer? I hope not, because is so I have inadvertantly broken the law in the past.
The other state is why I was questioning the search of the house. From the way it was reported, I would call it an illegal search. But that is Mass., as you pointed out, which may also explain the task force for the arrest.
As for the CDL for a pickup, it depends on weight. If the truck and trailer had a combined gross weight over 26,000 pounds and the trailer had a 10,000 pound capability, you nee a CDL. Lighter than that and you don't. I was told by one trooper that they use the easy rule of thumb of a trailer with three axles probably puts you over the weight limit while two or one axles does not. That seems reasonable as a starting point to me.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 10:57 am
by threoh8
It gets complicated. Short version:
Basically, a CDL is required for operating a commercial vehicle >/= 26,001 lbs (GVW, GVWR, GCWR, etc.) in interstate commerce (Federal). Most (all?) states follow that for intrastate commercial vehicles.
There are exceptions, rules, interpretations, etc.
Operating a commercial vehicle, greater than or equal to 10,001 lbs but not falling into the CDL territory, and crossing state lines requires a DOT-regulated driver. It comes with similar restrictions on hours of service, drug testing, and some recordkeeping. I think this is where a lot of the hotshot drivers fall.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 11:28 am
by Charles L. Cotton
LDP wrote: Tue Jun 25, 2019 8:47 am
srothstein wrote: Mon Jun 24, 2019 11:51 pm
I am still curious how the accident occurred. So far as I have seen, no details on how the accident occurred have been released. Since he was charged, I am guessing (and it is only a guess) that he somehow crossed the center line to hit the bikes. What made him cross the line would be critical to any charges being supportable.
From what I've red elsewhere, he came into the turn too heavy and too hot, starting crossing the centerline, slammed on the brakes, jacknifed the trailer, swung it around and wiped out anything in the opposite lane. Which happened to be several very very unfortunate motorcyclists.
If I can find the link to the story, I'll post it later. I don't have it on me right now, sorry.
I have the same concerns as expressed by srothstein. If this is the way it happened, I have even more concerns, but I don't know New Hampshire law. If this were to happen in Texas, some may consider that his action of going into the curve too fast meets the Texas definition of Criminally Negligent Homicide; some may not. (See below.)
I have to agree with his attorney that this is a tragedy for all concerned. I don't buy his attorney's statement about "
fully developed brains." That's garbage that too many people are accepting these days to avoid personal responsibility.
Chas.
Criminally Negligent Homicide in Texas wrote:(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 2:25 pm
by dlh
I drive even more carefully when I am pulling a trailer. Occasionally the wife and I go camping and haul our Casita travel-trailer behind. Even with sway-bars, cross-chains, tongue locks, etc. it still makes me nervous to drive down the highway.
Many years back a friend was in his pickup waiting to exit a parking lot onto the roadway when an 18-wheeler drove by, the trailer became unhooked from the cab, and the trailer veered over into the parking lot running my friend over and killing him instantly.
Highways are a scary place.
Next time I am in Best Buy I think I will pick up one of those dash-cams too.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 2:41 pm
by greyjack
LDP wrote: Tue Jun 25, 2019 12:16 pm
Charles L. Cotton wrote: Tue Jun 25, 2019 11:28 am
I have the same concerns as expressed by srothstein. If this is the way it happened, I have even more concerns, but I don't know New Hampshire law. If this were to happen in Texas, some may consider that his action of going into the curve too fast meets the Texas definition of Criminally Negligent Homicide; some may not. (See below.)
One must wonder whether the DA is pushing for this charge for one reason and one reason only: to make an example out of the driver. It would not surprise me. We all are human, we all have our own biases, the DA is not immune.
If he egged cars before killing the motorcyclists by driving recklessly, some people would say he's not guilty of homicide, because egging cars is a misdemeanor.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 3:26 pm
by JustSomeOldGuy
23 year old driver. As I understand it, 21 is the minimum age for a CDL for interstate operation. So we have a kid with two years or less experience who's unskilled enough to gator-tail an empty flat bed. Sounds like negligence to me....bet the 'wrongful death' plaintiffs attorneys will think so.....
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 3:59 pm
by Grayling813
Although nothing has been said in any of the news accounts I've read about this incident, I assume the investigators will be examining the drivers cell phone to determine if he was talking/texting/emailing on it at the time. I wouldn't be surprised. Driving around DFW on the highways I'm always seeing people swerving in their lanes (mostly) and when you pass them they're looking at their cell phone or talking on it.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 4:32 pm
by Charles L. Cotton
If this "
is an ongoing investigation and [they] have more questions than answers," then why has this man already been charged with seven counts of negligent homicide, arrested, and jailed in New Hampshire? Arrested, charged and jailed before they know what really happened. This is wrong, flat wrong.
Chas.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Tue Jun 25, 2019 8:40 pm
by srothstein
Thanks for finding and posting this. It helps me understand more about how it got this bad.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Wed Jun 26, 2019 1:38 am
by Flightmare
https://whdh.com/news/police-driver-acc ... ks-before/
He apparently has some history in the Baytown, TX area.
Re: NH: Pick up truck driver charged with negligent homicide in deaths of 7 motorcyclists
Posted: Wed Jun 26, 2019 7:04 am
by 03Lightningrocks
His driving history is a mess. DUI charges and all. What ever else happens with him, he sure doesn't need to be driving commercially. This guy is a rolling hazard.