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Man charged after boy drinks lethal amount of whiskey
Seattle Post-Intelligencer ^ | August 24, 2006 | Tracy Johnson, P.I. Reporter

Posted on 08/24/2006 11:30:31 AM PDT by my_pointy_head_is_sharp

Man charged after boy drinks lethal amount of whiskey Young teen had blood alcohol level of 0.37

A man accused of buying liquor for a 13-year-old boy and doing little to stop him from gulping a lethal amount of it may now be the first person in King County to be held criminally responsible for such a death.

Leonard Wayne III -- a fellow Muckleshoot Indian Tribe member and longtime friend of the boy's father -- was charged Wednesday with second-degree manslaughter.

Kenneth Elkins died just after midnight April 16 after drinking Crown Royal whiskey with Wayne and other adults at an abandoned baseball field on the Muckleshoot reservation near Auburn, prosecutors say.

The boy's father, Robert Elkins, said Wednesday that he thinks such a charge is justified for Wayne and "anybody who does that, and this happens to a child."

"I kind of blame myself, too, you know," he said. "I wasn't there."

A warrant was issued for Wayne's arrest. If convicted, the 40-year-old man, who is known by the name "Layback," could face roughly four years in prison.

On April 15, Kenneth Elkins was with Wayne and three other adults, including two of Wayne's grown children, when they decided to get drunk, according to court documents.

Investigators say they headed to a tribal liquor store on Auburn Way South, where everyone chipped in some cash and Wayne bought a bottle of Crown Royal, a bottle of Jägermeister and cigarettes.

The group then went to the baseball field. Two of the adults later told investigators that Kenneth was drinking the Crown Royal in large gulps, sometimes chasing it with sips of a punch-flavored soft drink.

Wayne's daughter said Wayne saw Kenneth drinking too much, too fast, and told him to "slow down" but made no effort to stop him, according to court papers.

Kenneth passed out in the car on the way back to his aunt's house, and others had to carry him inside. Worried and angry, his 16-year-old sister eventually made everyone leave and called her dad.

Robert Elkins found his son passed out on the couch, took off some of the boy's clothes and carried him to bed. He wishes he'd realized that his son was in such bad shape that he could not survive the night.

"I didn't know how much he drank," he said. "If I did, I would have called an ambulance."

Kenneth's sister checked on him periodically and, as she tried to roll him over later, discovered that his lips were blue. She called 911, but medics were unable to revive him.

The boy's blood-alcohol level was 0.37 percent -- nearly five times the adult legal limit to drive a car.

His family is still trying to cope with his death. Robert Elkins has gotten a few of his six children into grief counseling and has arranged for alcohol and drug counseling for one of them -- along with himself.

King County prosecutors say they can't recall any other case in which they've charged someone for buying the liquor that caused someone's death.

"By providing alcohol to a 13-year-old, he acted with criminal negligence," said prosecutor's spokesman Dan Donohoe.

Sheriff's spokesman John Urquhart said teenagers die of alcohol poisoning too frequently across the country, but "being able to find out who provided the alcohol is difficult. From that standpoint, the charge is unusual."

Investigators from the Sheriff's Office, which provides contract police services on the Muckleshoot reservation, identified Wayne with the help of video-surveillance footage from the liquor store, according to court papers.

Wayne has prior convictions for robbery, attempting to elude police and a drug charge. Prosecutors say he has also been arrested three times for drunken driving.

P-I reporter Tracy Johnson can be reached at 206-467-5942 or tracyjohnson@seattlepi.com


TOPICS: Culture/Society
KEYWORDS:
For the benefit of any teens that may see this.
1 posted on 08/24/2006 11:30:32 AM PDT by my_pointy_head_is_sharp
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To: my_pointy_head_is_sharp
The boy's blood-alcohol level was 0.37 percent -- nearly five times the adult legal limit to drive a car.
2 posted on 08/24/2006 11:32:12 AM PDT by my_pointy_head_is_sharp (Pornography kills.)
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To: my_pointy_head_is_sharp

13 is just barely a teen.


3 posted on 08/24/2006 11:35:47 AM PDT by kinoxi
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To: my_pointy_head_is_sharp
If it were a gun they would be suing the manufacturer. But I doubt they will go after Crown Royal. Ted Kennedy would never go for it. He drinks a fifth every day (and that's just before noon), and wouldn't want to see the prices go up. BTW, I wouldn't support such a suit either (just for different reasons).
4 posted on 08/24/2006 11:38:56 AM PDT by Clump
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To: my_pointy_head_is_sharp
I may have been barely older than this kid, when some of us got a hold of some bourbon and drank too much. When one of our friends passed out, we had the sense to get another kids mother even though we knew we would all be in serious trouble and all our parents would find out. Seems us kids maybe had a little more sense than these adults. Not a lot of sense, but just a little bit more.
5 posted on 08/24/2006 11:45:44 AM PDT by BallyBill (Serial Hit-N-Run poster)
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To: my_pointy_head_is_sharp
Awful the way alcohol has ravaged the Indian communities.
Alcoholism will either select itself out of the gene pool or there will be a permanent underclass living in sub-human conditions.
6 posted on 08/24/2006 11:55:43 AM PDT by DuxFan4ever (The next rational liberal I meet will be the first.)
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To: my_pointy_head_is_sharp

Time to outlaw this dangerous drug.


7 posted on 08/24/2006 11:56:17 AM PDT by Sir Gawain
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To: DuxFan4ever
Awful the way alcohol has ravaged the Indian communities

They have a TRIBAL Liquor store!

Unbelievable

8 posted on 08/24/2006 11:58:28 AM PDT by Species8472
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To: DuxFan4ever

I read somewhere a few years back that American Indians are, per capita, among the wealthiest people on the planet.


9 posted on 08/24/2006 12:06:17 PM PDT by kinoxi
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To: DuxFan4ever

The Indian reservations seem to have chosen the "permanent underclass living in sub-human conditions" option. I've never heard of a single one of them even considering making their reservation legally "dry". Native Americans are much more susceptible to fetal alcohol syndrome than Caucasians and blacks; it takes about a tenth as much alcohol to do the same amount of damage to a fetus. The result is that a huge percentage of those living on reservations have at least mild effects of fetal alcohol syndrome, and plenty have the full blown syndrome with facial deformity along with serious mental retardation. And precious few Indian tribes are making any serious attempt at economic development outside of running casinos and selling untaxed cigarettes -- both businesses depending almost entirely on outsiders for their customer base.


10 posted on 08/24/2006 12:07:13 PM PDT by GovernmentShrinker
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To: BallyBill

"I didn't know how much he drank," he said. "If I did, I would have called an ambulance."

This is his DAD speaking! I would have made one call to 911 with TWO requests- one for the cops to arrest the drinking adults and one for an ambulance for my son.

And what kind of Dad says - "I wasn't sure how much he drank?". I guess if the boy was just commode-hugging drunk it would have been one of those funny stories you tell at the next beer-bash?


11 posted on 08/24/2006 12:08:20 PM PDT by geopyg (If the carrot doesn't work, use the stick. Don't wish for peace, pray for Victory.)
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To: kinoxi

Unfortunately being handed money is corrosive to anyone. Easy come, easy go, means they'll likely squander it and be unprepared when the spigots run dry.


12 posted on 08/24/2006 12:11:00 PM PDT by Dracian
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To: Dracian

From what I understand it's the 'jet set' Washington lobby that keeps most of it. Very sad.


13 posted on 08/24/2006 12:16:57 PM PDT by kinoxi
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To: my_pointy_head_is_sharp
""Layback," could face roughly four years in prison"

Hmmm, with a name like that, maybe they will go easy on him...
14 posted on 08/24/2006 12:21:30 PM PDT by Hegemony Cricket (Rugged individualists of the world, unite!)
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To: my_pointy_head_is_sharp

"I kind of blame myself, too, you know," he said. "I wasn't there."
-----

Yep.


15 posted on 08/24/2006 12:25:39 PM PDT by SJSAMPLE
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