HUGs are working...

Mar 22, 2007 12 Replies

in more ways than one. I just have to share some wonderful news with you all. I got a call from my DSIL last night. But let me back up and give you a bit of the story.



We had been waiting and waiting to hear from the prosecuting attorney about what charges would be filed against the truck driver who killed my brother. He never let anyone know anything though. So one day about a month ago, DSIL called his office and spoke to the assistant prosecuting attorney. She said he was a real snot to her and acted as if he didn't have the time of day for her. He told her that they had closed the case months ago and they weren't filing any charges. Well you all can imagine how that went over. He said he spoke to the truck driver and she claimed she never say my brother. DSIL said to him "And you just took her word for it. She had an hour and 5 miles to get her story straight."



Well somewhere between the APA's desk and the PA's desk the truck drivers toxicology results disappeared from the file. Go figure since she had Bendadryl, Carbenoxamine and Hydrocodone in her system. All of which cause blurred vision and drowsiness. One being a narcotic/controlled substance. She should never have even been behind the wheel of that truck.



DSIL didn't give up though. She called the PA's office every day for three weeks. She finally talked with the PA and he said he would send the investigating state trooper back out to investigate again and make a recommendation and he would take that recommendation. So the trooper went back and questioned the witnesses again and made his recommendation. FILE CHARGES was his recommendation.



The Prosecuting Attorney is going to charge her with either negligent homicide or criminal negligence, I can't remember which one DSIL told me it was. But there's a possibility that it my be changed to manslaughter. You all have no idea how happy I was to hear that news. I mean, this woman clearly cause my brother's death. She was driving on the wrong side of the road (a 4 lane divided highway at that), she was driving under the influence, she left the scene of a fatal accident and I could go on but I think you all get the idea. I hope this woman goes to prison for a very long time so that justice will be served for my dear brother. He can't speak for himself so the PA and the family have to do it for him.



So I just wanted to let you all know that Susan's and my HUG quilts are really helping work miracles. I really believe that the power of the hugs and prayers that went into these quilts are helping turn things around for us. I can't thank you all enough for what you've done for us. It's not just the quilts either. It's this group as a whole. All the support, encouragement, prayers, hugs, kindness and everything that you all give so generously has been such a comfort. Thank you. I just wanted to give you all an update on the situation. I would appreciate it if you would continue to keep the family in your prayers though for the strength to get through the rest of this. I'm hoping to go back home for the trial when it comes time. I need to be there to face the woman who took my brothers' life. I invite you all to rejoice with me that justice will prevail. I know it's going to be a long road to trial and a lot can happen but I'm going to try and stay positive about it.



Thanks again everyone for all the support. Hugs, Mika


How in the world can any Prosecuting Attorney's office NOT file charges in an accident resulting in a fatality -- when one of the drivers was going the wrong way on a divided highway. This totally blows my mind. What happened to the toxicology results? Did they ever turn up?

Did your brother leave a wife and/or children? Even if not, have you all considered a wrongful death suit against the driver? I would think (especially if he left children behind) that there could be a settlement that would help provide for the childrens educations and other needs.

So happy the HUGS and prayers are working.

Kate in MI

Kudos to your DSIL! Her persistance will pay off for justice.

I am glad justice has a chance.

In the case of my student's father, it does appear now that the charges against the driver may be dropped even though he admitted drinking and then falling asleep behind the wheel. He refused a breathalyzer and by the time blood was drawn at the hospital, he under the limit. he also had minimal insurance.

Now, here's the kicker, they applied to the crime victims board for compensation and for classes so mom could learn to speak English and learn a skill. We don't know what happens if the charges are dropped.

L>She said

Linda PATCHogue, NY

Mika, I'm so glad you and your family will get some resolution! Nothing will ease the pain of losing your dear brother, of course -- but people must learn that there are consequences for their decisions and actions. Since this driver was so clearly "impaired" (to use a polite term), it seems terribly unfair that she would get off scot-free.

I continue to hope and pray that you all will win your case against the driver and get her off the road.

Well said Sandy.

I second everything Sandy said

Dee in Oz

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Having lost a beloved uncle in exactly the same circumstances, I extend my heartfelt sympathies and my hopes that your family can obtain satisfaction from the justice system. Nothing will bring your brother back, but it would help to know that the culprit cannot hurt another family in the same way. Prayers and hugs on the way from Tucson.

Well now that my puter is up and running again for the moment I can reply to this. lol. It was the Assistant Prosecutor who was going to shove it under the rug so to speak. My DSIL was persistent though. She was not going to allow that to happen. Apparently the APA did not read the entire report and only talked to the truck driver who claims she did not see my brother. To which I say Bullcrap. She swerved off the road, back onto the road then crossed the median to the lane that she should have been in to begin with. So the APA just took her word that she didn't see him. Finally DSIL got to talk to the PA himself and got results. He sent the investigating state trooper back out to interview the witnesses again and told him to make a recommendation and he (the PA) would take that recommendation. So the trooper did just that and his recommendation was to prosecute. Yayyyyyyyyyy!!!!!! I don't know what happened to the tox reports or if they ever showed up. I'm sure they can get a copy from the medical examiner though.

He left a wife and two daughters. One daughter is almost 21 and in college the other is almost 18 and graduates from high school this year. He was very active in their lives too. He was band booster club president and voted Band Dad of the Year for several years in a row. He was very active in school functions. The girls were outstanding equestrians and had won many trophies and ribbons and he was very involved in the horses with them. He and DSIL were going to celebrate their 25th wedding anniversary in June this year. So it's tragic in so many ways. He was just a beautiful person. DSIL does have an attorney working on this for her so we'll see what kind of settlement she gets. I think it will be much better now that the PA has decided to prosecute.

The continued hugs and prayers are very much appreciated. This will all be over one day and dear brother will be able to rest in peace.

Hugs, Mika

I cannot believe they are going to drop the charges. That is just outrageous. Sometimes the justice system just fails miserably. That poor family. I hope they have a good lawyer that can get them a good settlement. Nothing can replace the husband/father that they lost but sometime the monetary compensation is the only justice the family gets. I am so sorry that this family with young children had to experience this tragedy.

Hugs, Mika

Thanks Sandy. I agree. People have to know that their will be consequences to their decisions and actions. I hope the driver goes to jail for a long time. Even if she doesn't do jail time, just to get a conviction on her record will help. I tell you, the justice system has really become so weakened by plea bargains that it's sad.

Hugs, Mika

Thanks Debi. This is what we're hoping for too. She does not need to be driving a big rig.

Hugs, Mika

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