This story is going to get more bizarre as time goes on.
There are some reports that this incident has been labeled a homicide by the county prosecutor's office, which would be highly unusual since the alleged perpetrator is dead and there would be no criminal prosecution anyway.
I am wondering if there are one or more other adults in the picture who are being investigated for a possible role in this.
Check this one out: “Mom Drove Erratically For 60 Miles:
http://www.nydailynews.com/ny_local/2009/08/03/2009-08-03_schuler_drove_erratically.html
Not only did her actions result in the death of the children but also the three men in the other auto.
That may be why there are homocide charges.
That said, there must have been "signs" this woman abused alcohol and someone KNEW she was driving DRUNK and let her take the kids anyway.
Or she wasn't quite high yet, and someone provided her with the booze and/or pills she took while driving.
sw
Found this:
Sentate Passes Legislation To Allow Drunk Drivers Who Kill Be Charged With Homicide
The New York State Senate passed legislation (S.5517), sponsored by Senator Charles J. Fuschillo, Jr. (R, Merrick), that would create the new charge of aggravated vehicular homicide for drunk drivers who kill others.