Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Girl, Dad Charged in Fatal Crash; Out-of-Control Car Killed Young Mom
Philedelphia Daily News ^ | 05/26/05 | David Gambacorta

Posted on 05/26/2005 9:09:09 AM PDT by m1-lightning

Flowers and a melancholy note from grieving family members wilted in the rain on a telephone poll at the corner of Nesper Street and Ryan Avenue in Mayfair yesterday, just a few yards from where a young mother was fatally injured last month.

Sarah McGinley, 18, was pinned by an out-of-control car on her fiance's front lawn on April 17, just seconds after she tossed her 1-year-old daughter to safety. She died from her injuries a few hours later.

Yesterday morning, the District Attorney's Office announced it was filing charges against the driver, Megan Miller, 15, and her father, Richard Miller, 46.

With her father alongside her, Megan Miller was practicing driving in the parking lot of Abraham Lincoln High School when the car crashed through a fence, sped across an intersection and soared up the lawn, hitting McGinley. Miller did not have a learner's permit or a driver's license.

The teen is charged with being involved in an accident involving death or personal injury while not being properly licensed, and will be tried in juvenile court.

Her father is being charged with involuntary manslaughter and homicide by vehicle. He could face up to 12 years in prison, said D.A. spokeswoman Cathie Aboo-kire.

Both father and daughter surrendered to the police accident-investigation division yesterday afternoon, said the family's attorney, Fortunato Perri Jr.

"It is an impossibly difficult time for them," Perri said. "They have nothing but grief for McGinley's family."

The Millers are expected to have separate preliminary hearings within the next week, Perri said.

In both cases, "I think the judge will evaluate the situation and see it's nothing more than an accident. She lost control of the vehicle and was unable to stop what happened. It's a shame," he said.

Local criminal-defense attorney A. Charles Peruto said he believes that juvenile court will be kind to Megan Miller. "The most likely outcome is that they will defer adjudication. They'll leave her in limbo until she's 18 and then wipe her record clean," Peruto said.

The reason, he said, is that as a "young, nonindependent person," she was just following her father's instructions to practice driving.

District Attorney Lynne Abraham viewed the Millers' accident different from Peruto. She cited Pennsylvania law stating that drivers must obtain learner's permits before they can possess a driver's license. "Then and only then may you get behind the wheel of a lethal vehicle and drive the car," she said.

Abraham also faulted Richard Miller for allowing his daughter to drive his 1999 Mercury Grand Marquis, even though they were in a deserted parking lot. If Miller had denied his daughter a driving lesson, "that would have prevented a young mother from dying, and a child from being orphaned for her entire life."

McGinley's daughter, Victoria Wagner, is being cared for by her fiance and his parents.


TOPICS: Crime/Corruption; Culture/Society; Front Page News; US: Maryland; US: New Jersey; US: Pennsylvania
KEYWORDS: accident; cary; driverslicence; learnerspermit
Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160161-168 next last
To: Nov3
"Geeesh it was an accident and there is nothing left but for a civil court to ram it to the father as he is in the end civilly liable but he is not a freaking criminal."

Well said! This same tangent came in on the other thread (i linked to it in post 1 or 2) about this, although I think you've said it better.

That being said, I've got my pitchfork and torch, where does this teen hussy and unfit father? rabble rabble rabble
121 posted on 05/26/2005 12:51:01 PM PDT by tfecw (Vote Democrat, It's easier than working)
[ Post Reply | Private Reply | To 110 | View Replies]

To: Black Tooth
Actually you are very wrong. If you caused the collision, you caused the collision, regardless if you feel you were negligent or not. The party that sustains damages or injuries is not going to care what the reason was for running into them.

Re-read. Catch up. There's a big difference between "being liable" and being "criminally negligent". It's the "criminal negligence" part of the arguments that I'm not buying - you know, the part that can result in jail time.
122 posted on 05/26/2005 12:51:38 PM PDT by beezdotcom (I'm usually either right or wrong...)
[ Post Reply | Private Reply | To 115 | View Replies]

To: CSM
As it stands right now we only prosecute aggresively those cases involving alcohol, even when there is no damage to a person or property.

There are many cases where alcohol is not present and someone is prosecuted. The problem with your opinion is you don't understand that alcohol related cases are prosecuted more because alcohol related cases occur more. That is similar to blacks whining that there are more blacks in prison than whites even though the reason is because more blacks commit the crimes.

I have my differing opinions on alcohol and speeding because I've experience both first hand. I can't drive straight when I'm incoherent but I can drive just fine going 85 in a 65 as long as other traffic is driving a similar speed or there is no traffic at all. Being coherent behind the wheel is the most important aspect to driving.

123 posted on 05/26/2005 12:55:56 PM PDT by m1-lightning (God, Guns, and Country!)
[ Post Reply | Private Reply | To 114 | View Replies]

To: beezdotcom
Actually you are very wrong. If you caused the collision, you caused the collision, regardless if you feel you were negligent or not. The party that sustains damages or injuries is not going to care what the reason was for running into them.

Re-read. Catch up. There's a big difference between "being liable" and being "criminally negligent".

My quote said nothing about criminally negligent. You will be found *liable* if it's found you caused a collision. In some circumstances you may be found criminally negligent, but in most cases it's all about liability.

124 posted on 05/26/2005 12:57:13 PM PDT by Black Tooth
[ Post Reply | Private Reply | To 122 | View Replies]

To: Black Tooth

I never mentioned a crosswalk. Be realistic. How many kids use a crosswalk to cross the street?


125 posted on 05/26/2005 12:57:43 PM PDT by m1-lightning (God, Guns, and Country!)
[ Post Reply | Private Reply | To 117 | View Replies]

To: Harmless Teddy Bear
And dad never thought to pull the EMERGENCY BRAKE?

Maybe it wasn't in the middle. Mine is on the floor near the driver's left foot.
126 posted on 05/26/2005 12:58:11 PM PDT by beezdotcom (I'm usually either right or wrong...)
[ Post Reply | Private Reply | To 119 | View Replies]

To: acad1228

You know just enough about the law to be dangerous.

If the dad didn't own the parking lot himself or he didn't have ongoing business with the owner, he shouldn't have been there for any reason at all. A case could be made for criminal trespass.

True, parking lots are not normally policeable areas if the owner doesn't want the police. There are exceptions for health and safety, and for felony violations. I can assure you that if WalMart wants the cops to write you a ticket for speeding in their parking lot, and the officer observed you violating the law, you can be ticketed and punished accordingly. My WalMart has cops sitting in the parking lot on Friday and Saturday night to keep the high school kids from racing through the lot, endangering paying customers. Many, many tickets were written every weekend, until the punks got the message.

In most jurisdictions, law enforcement cannot enter private property without a warrant unless called in or he/she observes a felony offense being committed. I don't know how many hundreds of DUI cases I have seen sucessfully prosecuted where the offender walked out of the barroom (visibly drunk) and get into a vehicle, only to be apprehended, cuffed, and stuffed before he/she left the bar's parking lot. You don't really think the club owners wanted to have their patrons hassled right outside the front door and gave permission for this, do you? The cops had the right because they personally observed a felony being committed, and they arrested the offender before that person drove away killed someone.

Quit watching Law and Order or NYPD Blue and go to the law library, or pull a copy of you state and/or local statutes. I think you might be amazed.


127 posted on 05/26/2005 12:58:57 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: m1-lightning
Isn't the district attorney being a little harsh here? Do you feel equally bad for the father and daughter as well as the victim?

Yes; and no.

Of course you have to feel worse for the young woman who was killed after heroically saving her baby, than for the girl and her dad.

We had a similar accident in NJ just recently --a girl who DID have her learner's permit was practicing parallel parking in a vacant lot with her mother. The girl accidently accelerated backward, crushing her mom, who was behind the car placing a cone to help guide the daughter.

Hmmmm, Lynne Abraham. She's a big leftie DA in PA. Didn't she have something to do with thwarting FReeper Don Adams when he tried to get compensation, after getting beaten up by union thugs while protesting some Clinton event?

128 posted on 05/26/2005 1:02:27 PM PDT by shhrubbery! (The 'right to choose' = The right to choose death --for somebody else.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Black Tooth
In some circumstances you may be found criminally negligent, but in most cases it's all about liability.

That's the reason I posted this thread. The father is liable but IMO not criminally negligent. 12 years in prison for teaching his 15 year old how to drive in an empty parking lot is ridiculous. You've been posting up and down this thread that someone is "negligent" for every accident. Maybe you should have clarified that in your beginning posts.

129 posted on 05/26/2005 1:04:12 PM PDT by m1-lightning (God, Guns, and Country!)
[ Post Reply | Private Reply | To 124 | View Replies]

To: m1-lightning

"The problem with your opinion is you don't understand that alcohol related cases are prosecuted more because alcohol related cases occur more."

Not at .08, .10 or even .12. They occur more at about .14 and above. The reality is that the alcohol is prosecuted in a "might" cause a crash as well as a "has" caused a crash scenario. While the rest of the negligence is only "sometimes" prosecuted in a "has" caused a crash scenario.

"Being coherent behind the wheel is the most important aspect to driving."

That is what I have been saying. Being coherent also requires paying attention and being prepared for adverse actions by outside influences.


130 posted on 05/26/2005 1:04:40 PM PDT by CSM ( If the government has taken your money, it has fulfilled its Social Security promises. (dufekin))
[ Post Reply | Private Reply | To 123 | View Replies]

To: pa mom

I may stnad corrected. In Tennessee you are required to have a license to operate a vehicle on public roads. I had no clue that PA was different. What type of law do you practice?


131 posted on 05/26/2005 1:08:06 PM PDT by Nov3 ("This is the best election night in history." --DNC chair Terry McAuliffe Nov. 2,2004 8p.m.)
[ Post Reply | Private Reply | To 113 | View Replies]

To: m1-lightning

Stinkin' Lincoln, I know exactly where this happened...


132 posted on 05/26/2005 1:08:10 PM PDT by NativeSon
[ Post Reply | Private Reply | To 1 | View Replies]

To: Black Tooth
My quote said nothing about criminally negligent.

Forgive me for making the assumption you meant "criminally negligent". I claimed I wouldn't be found 'negligent', you said it didn't matter if I felt 'negligent', and a lot of the heat in this thread is surrounding the CRIMINAL charges being brought by the DA - so I think it was an easy assumption to make. But if you say that's not what you meant, that's good enough for me.

You will be found *liable* if it's found you caused a collision. In some circumstances you may be found criminally negligent, but in most cases it's all about liability.

Duh.
133 posted on 05/26/2005 1:09:47 PM PDT by beezdotcom (I'm usually either right or wrong...)
[ Post Reply | Private Reply | To 124 | View Replies]

To: m1-lightning
Maybe you should have clarified that in your beginning posts.

Yeah, at best, that was tilting at the wrong windmill on his part.
134 posted on 05/26/2005 1:11:11 PM PDT by beezdotcom (I'm usually either right or wrong...)
[ Post Reply | Private Reply | To 129 | View Replies]

To: Deaf Smith

With vehicles, there are no accidents; someone is always negligent.

Not a true statement. It's not always one of the drivers being negligent. Remember the Firestone Tire fiasco with all the SUV roll-overs? Those drivers never knew what hit them.


135 posted on 05/26/2005 1:11:56 PM PDT by strider44
[ Post Reply | Private Reply | To 23 | View Replies]

To: clee1
A case could be made for criminal trespass.

That might be the better criminal charge to make.
136 posted on 05/26/2005 1:13:40 PM PDT by beezdotcom (I'm usually either right or wrong...)
[ Post Reply | Private Reply | To 127 | View Replies]

To: Nov3

I haven't practiced since I became a mom. (Almost 14 years, now!) Not even a member of the PA bar. Only VA and NY. Government relations and insurance, for a major provider of teachers pensions (as they say on TV). And you wonder why being a mom was more interesting! Now I'm a historian, got the degree while I was "retired".

Been following this since it's all over our news here. The guy's gotten himself in trouble because he jumped the gun with his daughter. Shouldn't have let her behind the wheel without the learner's, and she was not even of age for the permit. Not that that would have changed the outcome of the situation, mind you. Dad wasn't on top of things in the car. Certainly he was taken by surprise--I think she stomped that accelerator pretty hard thinking it was the brake and that V-8 took off. Too bad it wasn't a Prius; that poor lady might have had a chance.

Here you may drive with an adult (over 21) on a learner's during designated hours on public roads.


137 posted on 05/26/2005 1:17:10 PM PDT by pa mom
[ Post Reply | Private Reply | To 131 | View Replies]

To: clee1

I'm basing my opinion on conversations I've had with my brother (a detective) and several friends (patrolmen, detectives, the local Chief of Police, an assistant D.A. and two local Judges) who tell me what is and is not allowed under Oklahoma law. I'm sure I get a little better handle on the law than most folks.


138 posted on 05/26/2005 1:19:26 PM PDT by acad1228
[ Post Reply | Private Reply | To 127 | View Replies]

To: jimt
Now once they crossed into PUBLIC property, the street, then it was an illegal act.

I believe the parking lot in question is public property - a large public high school parking lot.

PA requires both an eye exam and a written test prior to getting a driver's permit as well as proof of age (16). If she was 15 she could not legally get a permit. The father, no matter how well-meaning, has the responsibility to obey the law and to teach his daughter to obey the law. Breaking the law has consequences.

Yes, it was a tragic accident, but one that could have been avoided had the parent acted in a responsible, law abiding manner.

139 posted on 05/26/2005 1:19:38 PM PDT by Abby4116
[ Post Reply | Private Reply | To 118 | View Replies]

To: Nov3
The eternal damnation thing is in the works when they find out the father and daughter are Catholic.

I love it! You hit the nail on the head. I knew this thread was missing something: the Bible verses. Though in Mayfair (the Philadelphia neighborhood in which this occurred) you can't swing a cat without hitting a Catholic.

140 posted on 05/26/2005 1:20:31 PM PDT by pa mom
[ Post Reply | Private Reply | To 110 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160161-168 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson