Three Dead after Pickup Slams into Rally Riders , Not in TH

[Marco]

I found this from BMW LT pages from USA

So this happen in there as well not only in thailand

:Quote":Why is this guy not in jail?!?!?!

http://www.star-telegram.com/804/st...nk=omni_popular
http://www.corsicanadailysun.com/ho..._194145857.html

The initial release of this story seemed innocent enough, 9:30AM Pickup-Motorcycle crash on a rural two-lane road.

Check the "inventory" found in the truck. Obviously, everyone in this country is innocent until proven guilty - and the toxicology reports are yet to be completed - but come on - he killed three motorcyclists and is not in jail.

At best this is an individual with a MAJOR consumption problem:
8 - 20 mg. Oxycontin since July 8
16 - 10 mg. Diazapam since July 1
114 - Hydrocodone since July 1
27 - 40 mg. Oxycontin since July 1

Also found in the truck - two bags of green leafy material and the State Trooper reported the strong smell of marijuana in the truck immediately after the wreck.

No further charges??????????????? What the hell is going on??????????????

End "Quote"

 

[feejer]

Marco,

No surprise this happened in Texas. Prescription drug abuse is rampant all over the US, but especially bad in the South. Entire towns in lower Appalachia have been overrun with Oxycontin trafficking. People are holding up pharmacies almost daily, breaking into pharm distribution warehouses, you name it and no wonder. A single 80 mG pill on the street now goes for 2-3X what a bag of good 'ole #4 from the triangle goes for. If the junkies can get #4 at all since the entire West Coast is covered in Mexican black tar/sheit.

So the allure of a clean opiate fix is pretty strong for the dopers. The decades long "war on drugs" is a multi-billion dollar failure, but it keeps alot of people in law enforcement and corrections employed, so gotta keep it going I guess.

Even if that driver was not impaired at all, he was still on the wrong side of the road. Negligence leading to death is vehicular manslaughter no matter what in California. But Texas is a "whole 'nuther country". If he isn't charged, then he knows somebody in high places at the DA or sheriff's office. In that case, the only way the victims have a chance at justice is if the family raises holy hell and gets the national media involved and publicly embarrass the city officials.

All I know is if he was doped up and ran down somebody in my family, he'd be having an "accident" of his own. Might not happen right away, might not happen for years, but it WOULD happen guaranteed.

 

[SilverhawkUSA]

I would like to read what you guys are talking about, but the links are bad. :?

 

[Marco]

SilverhawkUSA wrote: I would like to read what you guys are talking about, but the links are bad. :?

Mate

you are so correct,, i did try them when posting and they did work,, but ok let me post them again,,sorry about that

http://www.star-telegram.com/804/story/1481032.html?storylink=omni_popular
http://www.corsicanadailysun.com/homepage/local_story_194145857.html

 

[SilverhawkUSA]

OK that is what I kind of thought it would say. It does NOT say they WILL NOT be charged. The police are investigating. They obtained a search warrant to LEGALLY check and seize the items from the pick up truck.

Next it says the prescription drugs were obtain by a prescription = legal. Some were obtained from a mail order pharmacy = legal.

A "green leafy substance was found". Though it looks like marijuana, smells like marijuana, and tastes like marijuana, it is NOT marijuana until it has been sent to, analyzed, and confirmed as marijuana by a lab.

The driver MAY have been impaired. I can only assume they also obtained a search warrant for his blood and are awaiting analysis. Until then he was NOT LEGALLY impaired. On the wrong side of the road? Mechanical failure? The truck needs to be checked.

Give the cops some time guys, they are apparently doing it the right way and the LEGAL way. It is not "CSI-Texas" or "Walker: Texas Ranger" or for that matter Thailand.

 

[feejer]

SilverhawkUSA wrote: OK that is what I kind of thought it would say. It does NOT say they WILL NOT be charged. The police are investigating. They obtained a search warrant to LEGALLY check and seize the items from the pick up truck.

Next it says the prescription drugs were obtain by a prescription = legal. Some were obtained from a mail order pharmacy = legal.

A "green leafy substance was found". Though it looks like marijuana, smells like marijuana, and tastes like marijuana, it is NOT marijuana until it has been sent to, analyzed, and confirmed as marijuana by a lab.

The driver MAY have been impaired. I can only assume they also obtained a search warrant for his blood and are awaiting analysis. Until then he was NOT LEGALLY impaired. On the wrong side of the road? Mechanical failure? The truck needs to be checked.

Give the cops some time guys, they are apparently doing it the right way and the LEGAL way. It is not "CSI-Texas" or "Walker: Texas Ranger" or for that matter Thailand.

Agreed. But beer = legal. If I ran into and killed 3 people and submitted to a breathalyzer and blew a .05 (still under the .08 limit), they could STILL say I was partially impaired from the effects. We'll see what the toxicology tests say, but with tranquilizers, pain killers, and weed in there, a betting man would say he was looped and had no business behind the wheel.

If they haven't done a toxicology test after finding all that stuff, then that says more about the situation than we want to know.

 

[SilverhawkUSA]

I agree 100 %, It sounds like the guy should be locked up for a long time.

What I am saying is that you guys make it sound like it was a "done deal" that the cops are doing nothing and the driver is going to walk free. Even, based on no facts, jumping so far as to say he may be free bacause he knows somebody in high places.

I am merely pointing out that it takes time to make a strong case. In real life it takes weeks to get back the lab work. (Look at how long it is taking with MJ). Not unusual.

To assure his being properly arrested, winning the case in a court of law and having it stand up to the numerous appeals that are usually brought is not all cut and dry.

I sincerely hope he goes to jail for a long time if he is guilty, as should all drunk drivers who kill or injure people. None of it will bring back the poor people who died.

 

[Marco]

SilverhawkUSA wrote: I agree 100 %, It sounds like the guy should be locked up for a long time.

What I am saying is that you guys make it sound like it was a "done deal" that the cops are doing nothing and the driver is going to walk free. Even, based on no facts, jumping so far as to say he may be free bacause he knows somebody in high places.

I am merely pointing out that it takes time to make a strong case. In real life it takes weeks to get back the lab work. (Look at how long it is taking with MJ). Not unusual.

To assure his being properly arrested, winning the case in a court of law and having it stand up to the numerous appeals that are usually brought is not all cut and dry.

I sincerely hope he goes to jail for a long time if he is guilty, as should all drunk drivers who kill or injure people. None of it will bring back the poor people who died.

Let's correct your statement a bit from my side,,, if you read my original post,, i did not make any statement as i was quoting from the web page.

I work as a security investigation business long enough that i would not make such a statement before final report has come out, it was simpy as for your info what happen in states....

 

[SilverhawkUSA]

Yes, Marco I see. Maybe next time use the "Quote" function and it will be a little more clear.

And I am only pointing out some of what "MAY" or should be going on as the original quote asks.

No further charges??????????????? What the hell is going on??????????????

 

[Marco]

SilverhawkUSA wrote: Yes, Marco I see. Maybe next time use the "Quote" function and it will be a little more clear.

And I am only pointing out some of what "MAY" or should be going on as the original quote asks.

No further charges??????????????? What the hell is going on??????????????

matey

Will do next time,, no worries,my mistake :cry:

but lets wait and see what will be the result on that,, i will try to look and follow that topic in LT pages

 

[SilverhawkUSA]

Yes Marco, it would be great if you could follow that story and see what finally happens. I am now curious myself.

Thanks.

 

[Marco]

Here is what news papers saying now

Published: July 15, 2009 10:03 pm

DPS seizes blood samples

Lab tests slated as fatal crash probe continues

By Bob Belcher

Investigators have obtained blood samples from William Lindsey taken at Parkland Hospital following Saturday’s crash on FM 709 that killed three people and injured two others when Lindsey’s truck struck four motorcycles.

Also revealed Wednesday was a statement from Lindsey saying he had gone without sleep since 10 p.m. the night before the crash.

Lindsey was the driver of a pickup truck that investigators say was driving on the wrong side of the road and struck a group of four motorcycles participating in a charity ride. Killed in that crash were David Coley, Leslie McCluney, and her father, Terry Nelson. Funeral services for the three were held this week. Two other motorcyclists injured in the crash, Robert Gonzales, 54, and Leslie Casey, 54, both from Waco, remained hospitalized Wednesday, according to a Waco television station.

The blood samples were obtained from Parkland on Tuesday after investigators obtained a search warrant from District Judge James Lagomarsino. The search warrant states the samples were taken at Parkland on Saturday, where Lindsey was taken by air ambulance following the crash. He was released following treatment. Four vials of blood were seized by investigators Tuesday. Those samples will be tested by a DPS lab, according to DPS Sgt. Kenneth Authier.

The warrant, filed by DPS Trooper Chris Williamson, also states that Lindsey told the investigator that he was taking the prescription drug Xanax, a drug commonly prescribed for anxiety and panic disorder, in addition to the pain killers Oxyconton and Hydrocodone, and Diazepam, another drug commonly prescribed to treat anxiety. Investigators seized bottles containing Oxyconton, Hydrocodone and Diazepam, along with a leafy substance believed to be marijuana, from Lindsey’s truck while executing another search warrant on Saturday night following the accident. Williamson said the truck had a “strong odor of marijuana” when he searched the vehicle.

Williamson also states in the warrant issued Tuesday that Lindsey’s son said his father “often appears ‘dopey’ after taking the prescribed medication.” Lindsey admitted he was taking the prescription drugs seized from his truck, along with Xanax, and that he usually took his medications at 8 a.m. each morning. Saturday’s fatal crash occurred at 9:25 a.m.

No charges have been filed in connection with the accident or deaths. Authier said the investigation into the crash is continuing.

here is video news about it
http://www.corsicanadailysun.com/features/local_story_191212953.html?keyword=secondarystory

and update news

http://video.yahoo.com/watch/5528271/14534683

 

[SilverhawkUSA]

Good job, Marco. Thanks for that. It sounds like they are going to do the right thing.

One other thing that some people forget, is that the police do not PROSECUTE anyone. They simply INVESTIGATE and turn their reports over to the District Attorney (Prosecuting Attorney, State's Attorney, whatever).

It is the DA/Prosecuting Attorney who decides to issue charges and prosecute, return the case for further investigation, or not prosecute. The police do not have the authority to decide this on their own. :?

 

[feejer]

Yes, thanks Marco. Sorry I got riled up and started jumping to conclusions. But the original link made it sound like NO toxicology tests or further investigation was planned since he had legal scripts for the medications. They have medical marijuana for pain now, so that could have been "Legal" as well.

Glad to see they are proceeding properly now, but I still think he should have been arrested at the scene after finding all that stuff in there and the officers smelling the MJ.

 

[SilverhawkUSA]

feejer wrote: Yes, thanks Marco.....
Glad to see they are proceeding properly now, but I still think he should have been arrested at the scene after finding all that stuff in there and the officers smelling the MJ.

Feejer,

It can be very frustrating I know. Many times I felt like a guy should be "executed" at the scene, but............

The search warrant states samples were taken at Parkland on Saturday, where Lindsey was taken by air ambulance following the crash. He was released following treatment.Four vials of blood were seized by investigators Tuesday.

He was taken to the hospital. There the police would have obtained whatever information they needed. The police do not want an injured prisoner, probably needing medication and follow up treatment, sitting in their jail cell. Liability, liability, liability. Where I come from he would have to be charged within 48 hours or released anyway.

Take your time and do it right is the best avenue. He's not going anywhere. Sorry to be nit-picky, but I just like to explain sometimes how restricted the police are in what they can really do as opposed to what everyone believes is true after watching CSI,etc. :wink:

 

[Marco]

This was in the Beemer forum today.

Adding insult to injury - Our terminally stupid Texas governor, Prick Perry, vetoed a bill last week that would have a instuituted criminal penalties for drivers that were passing less than 3 feet from "vulnerable road users" - bicyclists, pedestrians, wheelchairs, and MOTORCYCLES. Althought the bill would not have applied in this case, it's a clear example of some of the outrageous stances being exhibited by powerful people when it comes to supportive legislation for anybody except those in cars.

There was 94% public support of the bill, and it passed the senate with 0 opposed, and the house with only 5 (of 135) opposed. This in a state where over 1000 "vunerable road users" were killed last year.

I hope the fine folks in Corsicana "hang 'em high". If he was "impaired" and it can be proven the excess of drugs were for distribution, then perhaps they can charge him with taking a life during the commission of a felony - punishable by the death penalty in our great state.

 

[feejer]

Marco wrote: This was in the Beemer forum today.

Adding insult to injury - Our terminally stupid Texas governor, Prick Perry, vetoed a bill last week that would have a instuituted criminal penalties for drivers that were passing less than 3 feet from "vulnerable road users" - bicyclists, pedestrians, wheelchairs, and MOTORCYCLES. Althought the bill would not have applied in this case, it's a clear example of some of the outrageous stances being exhibited by powerful people when it comes to supportive legislation for anybody except those in cars.

There was 94% public support of the bill, and it passed the senate with 0 opposed, and the house with only 5 (of 135) opposed. This in a state where over 1000 "vunerable road users" were killed last year.

I hope the fine folks in Corsicana "hang 'em high". If he was "impaired" and it can be proven the excess of drugs were for distribution, then perhaps they can charge him with taking a life during the commission of a felony - punishable by the death penalty in our great state.

Hmmmm, interesting debate here. I don't know the details of this bill, but on the surface it seems ill-conceived. I mean as a moto rider, bicyclist, and a driver, I can see plenty of instances where I may need to pass within 3 feet of "vulnerable" people when driving a car. Especially when you have arrogant bicyclists who almost refuse to get to the side of the road as you approach. Its almost as if they are daring you to side swipe them.

At least in the US, I think we have plenty of good laws on the books already. They just fail to apply them consistently and moto riders often get a poor brand of justice when they are injured or killed by negligent drivers. Alot of the public has a bad opinion of riders because there are alot of idiots out there who make us all look bad. So when one of us gets messed up, its almost like we're presumed at fault from the start. Sad, but true.

 

[ScubaBuddha]

SilverhawkUSA wrote: OK that is what I kind of thought it would say. It does NOT say they WILL NOT be charged. The police are investigating. They obtained a search warrant to LEGALLY check and seize the items from the pick up truck.

Next it says the prescription drugs were obtain by a prescription = legal. Some were obtained from a mail order pharmacy = legal.

A "green leafy substance was found". Though it looks like marijuana, smells like marijuana, and tastes like marijuana, it is NOT marijuana until it has been sent to, analyzed, and confirmed as marijuana by a lab.

The driver MAY have been impaired. I can only assume they also obtained a search warrant for his blood and are awaiting analysis. Until then he was NOT LEGALLY impaired. On the wrong side of the road? Mechanical failure? The truck needs to be checked.

Give the cops some time guys, they are apparently doing it the right way and the LEGAL way. It is not "CSI-Texas" or "Walker: Texas Ranger" or for that matter Thailand.

But if the officer smells marijuana in the car, he doesn't need a search warrant, especially when coupled with the accident. It's called articulable suspicion and the criteria are actually less than that is needed to achieve probable cause, which is what is needed for an arrest.

 

[SilverhawkUSA]

ScubaBuddha wrote: [quote quote=SilverhawkUSA]OK that is what I kind of thought it would say. It does NOT say they WILL NOT be charged. The police are investigating. They obtained a search warrant to LEGALLY check and seize the items from the pick up truck.

Next it says the prescription drugs were obtain by a prescription = legal. Some were obtained from a mail order pharmacy = legal.

A "green leafy substance was found". Though it looks like marijuana, smells like marijuana, and tastes like marijuana, it is NOT marijuana until it has been sent to, analyzed, and confirmed as marijuana by a lab.

The driver MAY have been impaired. I can only assume they also obtained a search warrant for his blood and are awaiting analysis. Until then he was NOT LEGALLY impaired. On the wrong side of the road? Mechanical failure? The truck needs to be checked.

Give the cops some time guys, they are apparently doing it the right way and the LEGAL way. It is not "CSI-Texas" or "Walker: Texas Ranger" or for that matter Thailand.

But if the officer smells marijuana in the car, he doesn't need a search warrant, especially when coupled with the accident. It's called articulable suspicion and the criteria are actually less than that is needed to achieve probable cause, which is what is needed for an arrest.
Yes, and there are also a number vehicular exceptions to search warrants, search incident to arrest, inventory search, etc. that are also applicable. There are a number of correct ways this could have been handled. It also varies from state to state.

I was not attempting to turn this into a legal brief, only to point out that the police were pursuing the matter in a legal fashion and not just setting the guy free as it appeared.