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
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.
Now there's a quote for the Utah Reporter.
... was using a Nokia phone!!
Naw, I'm just speculating,
but that would be ironic!
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).
Gal, you're thinkin'!
Go here for a good (punning) time:
http://www.freerepublic.com/focus/f-news/1106220/posts
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.
Well, so much for parlor tricks.
Wow! My cell phone's died several times, but I've never wanted to put anyone in jail for it.
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?
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
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.