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Man who let drunken friend drive faces prosecution on manslaughter charge
Associated Press ^ | 11/16/2001 4:18 pm ET | Associated Press

Posted on 11/16/2001 1:27:04 PM PST by mdittmar

A judge cleared the way Friday for the manslaughter trial of a man who picked up his drunken friend from police, took him back to his truck and learned later that his friend had been in a deadly car accident.

Superior Court Judge William Forester rejected a motion to dismiss the charges against Kenneth Powell and ruled that a jury must decide whether he committed a crime.

Powell, 40, was called by police in July 2000 to collect Michael Pangle, 37, at the Bridgeton barracks. Three hours earlier, Pangle had registered a 0.21 blood-alcohol concentration and was charged with drunken driving.

Less than an hour after he was released, prosecutors say, Pangle slammed his sport utility vehicle into a car driven by 22-year-old Navy Ensign John R. Elliott. Both men were killed.

Powell, who was not in Pangle's vehicle, was charged with manslaughter, vehicular homicide and aggravated assault by auto and faces up to 15 years in prison.

Powell's lawyer, Carl Roeder, had argued that Powell didn't know Pangle was drunk and state police hadn't told him his friend's blood-alcohol level.

To hold Powell accountable would open the door to the prosecution of toll collectors, gas station attendants and anyone else who sees a drunken driver but doesn't prevent them from driving, Roeder said.

Prosecutor Michael Ostrowski argued it was impossible not to know Pangle was drunk, saying his speech was slurred and he could barely stand up.

Returning Pangle to his vehicle, when police had told Powell to take him home, was the equivalent of putting a gun in the hand of someone engaged in a heated argument, Ostrowski said.

"He was an accomplice to a crime that night," Ostrowski said.

Powell, who is free on bail, declined to comment. A trial date has not been set.


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To: NittanyLion
Now sit up straight and shut up. No talking allowed.

'</Serious Sarcasm>

21 posted on 11/16/2001 1:27:09 PM PST by michaelje
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To: mdittmar
It takes a village to carry the guilt of an adult.
22 posted on 11/16/2001 1:27:09 PM PST by Protect the Bill of Rights
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To: michaelje
Now sit up straight and shut up. No talking allowed.

I just want you to know you should feel free to bust down my door at anytime, and pin me to the floor while you search my residence. Since I have nothing to hide, I know it's for the best. ;-)

23 posted on 11/16/2001 1:27:09 PM PST by NittanyLion
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To: NittanyLion
My afternoon coffee just exited my nasal passage.
24 posted on 11/16/2001 1:34:45 PM PST by michaelje
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To: michaelje
I think N.W.A. had it right when they so elegantly said, "F--k tha police!"

Police, for the most part are lazy thugs. And now our good buddy Ashcroft just gave them more power to mess with us.

God Bless America!

25 posted on 11/16/2001 1:37:06 PM PST by realpatriot71
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To: realpatriot71
Oh, you must mean Janet Ashcroft.
26 posted on 11/16/2001 1:40:42 PM PST by michaelje
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To: All
This sounds very similar to the gun crime situation, where if someone sells somebody a gun and they commit a crime with it, the seller can be held liable........

What a twisted sense of responsibility we have come to!

27 posted on 11/16/2001 2:20:26 PM PST by BedRock
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To: Howlin
Whooops...its the DA that files the charges...

That makes it a POLICE STATE deal..!!!
28 posted on 11/16/2001 2:40:50 PM PST by freddy
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To: Azzurri
What happened to the 18 hour rule that police were supposed to hold the man?Sounds like they're looking for scapegoat once again by blaming citizens.
29 posted on 11/16/2001 3:14:14 PM PST by losingrights
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To: michaelje
The thing that pisses me off most about this is that the police called Powell and asked him to come and get Pangle. Powell was trying to help, to be a good citizen, and this is what comes of that, I guess. I don't see any reference to his being Pangle's guardian, next of kin..., nothing, just a buddy. He was trying to help out, trying to cooperate with the police, and they turn around and slap the guy with some sort of derilection(sp?) of duty BS. Absolutely absurd.
30 posted on 11/16/2001 3:22:58 PM PST by Dakmar
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