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Man Fined $650 in Fatal Crash (5 Killed..Migrant Driver Alert)
The Lakeland Ledger ^ | 1-28-05 | Gabrielle Finley

Posted on 01/28/2005 8:51:33 AM PST by My Favorite Headache

Man Fined $650 in Fatal Crash

By Gabrielle Finley The Ledger

LAKELAND -- An Okeechobee man who caused one of Polk County's deadliest car crashes has been fined $650 as punishment.

On June 4 of last year, Salvador de la Cruz killed five seminary students from Crown College of the Bible near Knoxville, Tenn., when his truck collided head-on with the Ford van they were driving on State Road 60 near the banks of the Kissimmee River.

De la Cruz appeared in front of Polk County Judge Timothy Coon last week and was handed a $500 fine for failing to stay in his lane and a $150 fine for operating a vehicle with faulty equipment, said Florida Highway Patrol spokesman Trooper Larry Coggins.

Polk County prosecutors did not criminally charge de la Cruz.

Instead, he was charged with civil traffic infractions, punishable by fines but not jail time.

"When it's an infraction that causes a death, the judge's hands are tied, and this is the maximum that the judge could levy against him," Coggins said.

De la Cruz, still visibly shaken, bruised and burned from the crash, admitted to losing control of his citrus truck, which had bad tires and brakes.

On the afternoon of June 4, de la Cruz was driving east on a two-lane stretch on State Road 60, when his citrus tractor-trailer veered into the opposite lane and crashed head on into a Ford van carrying the five young adults.

Upon impact, the van and truck burst into flames. De la Cruz was thrown from his truck.

Bradley Askew, 22, of Loganville, Ga.; Johnathon Pinkerton, 18, of Madison, Ala.; David Childers, 21, of Nallen, W. Va.; and newlyweds Aaron Brown, 21, of Belleville, Ohio, and Darci Brown, 22, of Mansfield, Ohio, were killed instantly.

The young adults were traveling the Southeast singing and preaching at local churches.

Parents and family members, who appeared at de La Cruz's court hearing, were upset when they heard the judge's ruling.

"It's so ironic that the lives of five people was worth $650," said Larry McCabe, the father of Darci Brown. "I'm flabbergasted. I don't know what to say. They were wonderful kids."

McCabe said he was disappointed by Florida's handling of the case. He and other relatives of the victims hired a lawyer to continue investigating the crash for possible civil action.

Gabrielle Finley can be reached at gabrielle.finley@theledger.com or 863802-7590. Information from The Associated Press was used in this story.


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Florida
KEYWORDS: 650for5lives; crash; florida; immigration; migrant
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To: My Favorite Headache

FloriDUH is an incredible state. Vehicular manslaughter apparently doesn't carry much punishment. In November, two little girls were struck and killed in a crosswalk by a 22 year-old driver who ran a red light while (allegedly) talking on her cell phone.

The FloriDUH Highway Patrol has been investigating ever since but can't find a crime to charge the driver with.

Wanna kill somebody with a motor vehicle? Come to FloriDUH - it's practically a free crime!!!!


21 posted on 01/28/2005 9:31:48 AM PST by DustyMoment (Repeal CFR NOW!!)
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To: My Favorite Headache

WTHIIWF?


22 posted on 01/28/2005 9:33:09 AM PST by hattend (Liberals! Beware the Perfect Rovian Storm [All Hail, Chimpus Khan!])
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To: biggerten; All

I'm confused. Isn't there a law somewhere that if you commit a crime and a death occurs during the commission, that you can be charged? OR does that exclude traffic violations?


23 posted on 01/28/2005 9:52:25 AM PST by Madeleine Ward
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To: dangus

Thanks


24 posted on 01/28/2005 10:02:26 AM PST by JustAnotherSavage ("We are all sinners. But jerks revel in their sins." PJ O'Rourke)
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To: biggerten

Thanks for sharing your story. Unbelievable.

I am just wondering if some states have heard of a little infarction called "Vehicular Manslaughter?"

Also: can you sure this guy at all for wrongful death? You may not get money but you can mess his day up some.


25 posted on 01/28/2005 10:44:51 AM PST by Conservatrix ("He's a barf." --- Sophia T., Age 4, on John Sawed-Off Baldrick "I have a cunning plan" Kerry)
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To: Conservatrix; Madeleine Ward; dangus; Fiddlstix; My Favorite Headache

Many thanks to the kind folks who read and responded to my post.

How do I deal with this? An answer that I hope you will understand is I laugh.

I would, in general, not want to put people in prison for an accident, I'm certainly capable of an accident myself - that's why I carry insurance. My problem is his previous history running up to this, and still all he gets is a suspended license, which is what he had in the first place. This means he literally has no consequence for his actions (other than the pain and suffering for his injuries). Of course, his medical bills were picked up by the taxpayers (= me, my brothers and sisters and Dad).

As for taking him to court, well, why tie up the courts with a useless lawsuit?

Nope, you just gotta laugh. Exasperation gets you nowhere.

Thanks to all again. Take care, and drive defensively.


26 posted on 01/28/2005 10:56:20 AM PST by biggerten (Love you, Mom.)
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To: DustyMoment
Don't they have vehicular manslaughter laws in Florida? Vehicular manslaughter is "the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding."

Is there a reason why vehicular manslaughter charges haven't been brought in any of the cases mentioned here?

27 posted on 01/28/2005 11:10:51 AM PST by Question_Assumptions
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To: biggerten

sounds like WI has the same problem we have in my blue hell of MN- too many libs and not enough jails.


28 posted on 01/28/2005 12:18:14 PM PST by Rakkasan1 (john f'n kerry-the original 'million dollar baby'.)
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To: Question_Assumptions

You're asking ME!!??

I'm trying to figure out the same thing!!

This is NUTS!!


29 posted on 01/28/2005 12:30:45 PM PST by DustyMoment (Repeal CFR NOW!!)
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To: biggerten

Outrageous...a story for O'Reilly at the very least.


30 posted on 01/28/2005 1:55:16 PM PST by My Favorite Headache (I Watch TV, What Do You Want From Me?)
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To: DustyMoment
Hey, it's your state. Why don't you ask one of your elected critters about it?
31 posted on 01/28/2005 2:11:27 PM PST by Question_Assumptions
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To: Question_Assumptions

You get more response talking to the water that surrounds 3/4ths of the state.

Been there, done that.

Wanna see my picture of the T-Shirt?


32 posted on 01/28/2005 3:16:50 PM PST by DustyMoment (Repeal CFR NOW!!)
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