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Driver gets jail in cell phone death
Salt Lake Tribune ^ | 3/27/2004 | Stephen Hunt

Posted on 03/27/2004 9:26:58 AM PST by Excuse_My_Bellicosity

Joseph Cory Erickson was reaching for his cell phone when he ran a red light in Murray last year, colliding with a left-turning car and killing the other driver.

Erickson, 26, of South Jordan -- who pleaded guilty to one count of class A misdemeanor negligent homicide -- was sentenced Friday to 90 days in jail.

As a condition of his 36-month probation, Erickson may not own or possess a cell phone.

The conviction is believed to be the first negligent homicide case in Utah attributed to cell phone use -- which some state lawmakers have sought to ban while driving.

In 2002, only one traffic fatality was attributed primarily to cell phone use, according to a review of Utah accident reports by The Salt Lake Tribune. That case was charged as an improper lane change and the driver fined $87.

Driver error -- which includes ignoring the road to talk on the phone, eat or search for objects in the back seat -- was the leading cause of fatalities in 2002. It accounted for 36.5 percent of traffic deaths, followed by speeding, fatigue and then alcohol.

Still, rarely are the drivers charged with negligent homicide, which is punishable by up to a year in jail and requires acting with criminal negligence.

In a 1998 decision, the Utah Supreme Court said criminal negligence requires an element of recklessness or indifference to human life. In that case, the high court overturned a 19-year-old defendant's negligent homicide conviction, saying his "serious mistake in judgment" did not rise to criminal negligence.

In Erickson's case, he told Murray police he was traveling five to 10 mph above the 40-mph speed limit when he "reached up to turn off his cell phone as it rang," according to court documents.

Erickson, who was driving southbound, said he saw oncoming cars turning left as he approached the intersection, but did not know what color the light was.

Another southbound driver told police she had been stopped at the red light "quite a while" when Erickson's pickup truck drove past her and hit a BMW.

Police found no skid marks indicating Erickson had tried to stop.

Prosecutor Roger Blaylock told the judge, "It wasn't just the cell phone. He [Erickson] was not paying attention to what was going on around him at all."

Third District Judge Denise Lindberg agreed, telling the defendant, "You were clearly clueless."

Along with jail and probation, Lindberg ordered Erickson to pay $8,454 in restitution, take a defensive-driving course and perform 150 hours of community service by speaking to high school students, driver education classes and others about the dangers of driving with a cell phone.

Killed in the July 12 crash at the intersection of 4500 South and State Street was Robert Harman Anderson, 32, a Murray dentist.

The victim's son, Matthew Anderson, said his family was not looking for vengeance. "But we miss our father very much," he told the judge, "and would like that taken into consideration."

Lindberg replied: "It's easy, when something happens intentionally, to impose a penalty. When something happens because somebody should have done something, or should have known better, it's much more difficult."

Defense attorney Joel Kittrell, who had suggested the speaking engagements in lieu of jail time, said Erickson still has nightmares about the crash.

Other negligent homicide traffic cases in recent years include:

shunt@sltrib.com


TOPICS: Crime/Corruption; Government; News/Current Events; US: Utah
KEYWORDS: negligenthomicide
The conviction is believed to be the first negligent homicide case in Utah attributed to cell phone use...

Sure, the evil cell phone made him do it. Look, the guy was driving while allowing himself to be distracted, it doesn't matter if he was reaching for a phone, french fries, or looking at a good-looking girl on the side of the road. The driver is the problem, not the cell phone. Saying that cell phones cause crashes is like saying that forks and spoons cause people to be fat.

1 posted on 03/27/2004 9:26:58 AM PST by Excuse_My_Bellicosity
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To: Excuse_My_Bellicosity
BTTT
2 posted on 03/27/2004 9:31:58 AM PST by Fiddlstix (This Space Available for Rent or Lease by the Day, Week, or Month. Reasonable Rates. Inquire within.)
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To: Excuse_My_Bellicosity; dighton; mhking; aculeus; general_re; In_25_words_or_less; Tijeras_Slim
Joseph Cory Erickson
3 posted on 03/27/2004 9:34:09 AM PST by Thinkin' Gal
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To: mountaineer; xsmommy
Third District Judge Denise Lindberg agreed, telling the defendant, "You were clearly clueless."

Now there's a quote for the Utah Reporter.

4 posted on 03/27/2004 9:46:16 AM PST by martin_fierro (Sili Con Carne)
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To: Thinkin' Gal
Joseph Cory Erickson

... was using a Nokia phone!!

Naw, I'm just speculating,
but that would be ironic!

5 posted on 03/27/2004 9:48:00 AM PST by Condor51 ("Diplomacy without arms is like music without instruments." -- Frederick the Great)
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To: Thinkin' Gal; Condor51
I didn't even catch that. Oh boy, the irony never stops.

Here in my locale, if they're serious about stopping cell-phone usage, it should apply to the cops, too. The cops live their lives on the phone. It's unusual to see a cop who isn't on the phone. I'm thinking seriously of breaking out the digital camera and starting a picture album on the computer. It would make a funny e-mail to send to legislature members, but cops are probably exempt because they're such "expert drivers" (numerous cops in the last 10 years that have been prosecuted for negligent homicide for smashing into people).

6 posted on 03/27/2004 10:09:45 AM PST by Excuse_My_Bellicosity (All the good taglines are taken.)
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To: Excuse_My_Bellicosity
Since almost every accident is the result of driver error, almost every accident should result in a prison term.
7 posted on 03/27/2004 10:19:05 AM PST by moyden2000
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To: Thinkin' Gal
Joseph Cory Erickson

Gal, you're thinkin'!

Go here for a good (punning) time:

http://www.freerepublic.com/focus/f-news/1106220/posts

8 posted on 03/27/2004 10:37:44 AM PST by aculeus
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To: Excuse_My_Bellicosity
As a condition of his 36-month probation, Erickson may not own or possess a cell phone.

And to be fair, the sleep-deprived 81-year-old man who killed a 9-year-old Salt Lake County boy when he fell asleep at the wheel, was forbidden to be awake for three years.

9 posted on 03/27/2004 10:44:20 AM PST by expat_panama
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To: aculeus
Erickson may not own or possess a cell phone.

Well, so much for parlor tricks.

10 posted on 03/27/2004 10:51:12 AM PST by Thinkin' Gal
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To: Excuse_My_Bellicosity
Driver gets jail in cell phone death

Wow! My cell phone's died several times, but I've never wanted to put anyone in jail for it.

11 posted on 03/27/2004 10:54:44 AM PST by Larry Lucido
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To: Excuse_My_Bellicosity
The headline says cell phone death, where is the dead cell phone?
12 posted on 03/27/2004 11:02:34 AM PST by Old Professer
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To: Excuse_My_Bellicosity
Lemme see if I got this staight... If I want someone dead, all I have to do is pay a guy to "accidentally" run a red in a heavy car while "reaching for his cel," ramming into the driver's door? He gets 90 suspended and a couple thou, I get headache relief. What a deal!
13 posted on 03/27/2004 11:18:45 AM PST by Bonaparte
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To: expat_panama
As a condition of his 36-month probation, Erickson may not own or possess a cell phone.

That is so screwed-up. By that "logic", if the guy was reaching for another french fry, he should be barred from McDonald's for the next 3 years. Or in your example, he should be required to get at least 14 hours of sleep per day. Where does this madness end?

14 posted on 03/27/2004 12:40:26 PM PST by Excuse_My_Bellicosity (All the good taglines are taken.)
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To: Excuse_My_Bellicosity
Ever lost a family member to an MVA caused by someone else's negligence? If you have, it might change your opinion on the prosecution of distracted drivers. FWIW, I don't drive impaired by meds or lack of sleep, and I don't eat or phone while behind the wheel. It's not exactly a hardhship.
15 posted on 03/27/2004 12:43:25 PM PST by mewzilla
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To: mewzilla
I didn't mean to make it sound like this guy is getting screwed somehow. The "punishment" that he's getting is like a bad joke. I'm making fun of the fact that an inanimate object is primarily being blamed here, and one of the "punishments" is that the perp is not supposed to own or use a cell phone (even when he's sitting in his house). I would have thought that this guy would be doing years in jail, not days.

What's goofy about this is that the guy gets 90 days in jail (a slap on the wrist for killing somebody), a fine that he can pay off in installments in about 2 years, and is "punished" by not being able to own a cell phone for awhile. The court valued Mr. Anderson's life at ~$8000 and a loss of freedom for half the time that a navy ship spends at sea on an average deployment.

6 months from now, Mr. Erickson gets to walk away from this like it never happened and all that's left is a few hundred less dollars in his paycheck for awhile. If Erickson had to pay a year's salary to the family (the guy he killed was a dentist), it would be a hell of a lot more than 8 grand. It stinks like rotten meat, but that's how it's going to stand. /rant off

16 posted on 03/27/2004 1:19:24 PM PST by Excuse_My_Bellicosity (All the good taglines are taken.)
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