Man Tried for Friend's Drunk Driving

AP ^ | July 30, 2002

[Shermy]

SALEM, N.J. (AP) - A 40-year-old laborer is on trial in New Jersey in a groundbreaking case experts say could clear the way for the prosecution of anyone who lets a drunken driver get behind the wheel.

Kenneth Powell was asleep at home two years ago when police called and asked him to pick up best friend Michael Pangle, who had been arrested for drunken driving after a drinking session in a strip club.

Powell picked up Pangle and took his friend back to his sport utility vehicle, which was parked beside the road where he'd been arrested.

Pangle, 37, drove off into the night. Less than an hour later, his SUV collided with another car, killing him and 22-year-old Navy Ensign John Elliott, who was headed to his mother's birthday party.

Tests revealed Pangle had a 0.26 blood-alcohol content when he died, more than twice the legal limit.

Prosecutors blamed Powell for letting Pangle get behind the wheel and charged him with both deaths. He faces up to 15 years in prison if convicted of manslaughter, vehicular homicide and aggravated assault by auto.

"Kenneth Powell made a series of conscious decisions to set that whole thing in motion, even though he knew better," prosecutor Michael Ostrowski told jurors July 17. "Nobody is here saying he intended anyone to get hurt. But he intended to set that reckless conduct in motion, knowing there was a real risk."

Lawyers for Powell, who has yet to talk publicly about the case against him, contend that State Police bear responsibility for giving Pangle his car keys and giving him directions back to the vehicle.

Holding Powell accountable would allow the prosecution of toll takers, gas station attendants and anyone else who encounters a drunken driver and fails to stop him from driving, defense attorney Carl Roeder said.

The case marks the first time a friend with no direct involvement in a drunken driving accident has been charged for not stopping the driver involved, according to defense attorneys and Mothers Against Drunk Driving officials.

Frank K. Russo, a defense lawyer and former Florida prosecutor, says Powell's fate will hinge on whether witnesses show that Pangle was so obviously drunk when Powell met him at the police station that he should have known his friend posed a threat to other drivers.

"As a third party, to what extent are you obligated to take the keys?" Russo said. "You could be setting yourself up for battery or a disorderly conduct charge if you get into a fight and a neighbor or someone else calls to report it."

Gary Trichter, a lawyer who heads the Houston-based National College of DUI Defense Inc., said he knew of no other case in which a third party like Powell — who hadn't served any alcohol to Pangle and didn't own or operate the vehicle — has been charged.

He said it was wrong to hold Powell accountable when State Police had implicitly given their approval by releasing him and giving him his keys back.

"Let's take this to its logical conclusion. The state, by prosecuting this guy, is saying this guy should have fought him, used physical force to stop him," Trichter said.

The case has already changed New Jersey law. The Legislature passed a bill last year giving police the power to impound the vehicles of drunken drivers for up to 12 hours after their arrest. Similar federal legislation is pending.

"The introduction of (that legislation) has given us hope that John did not die in vain, that he will not be forgotten and that in his name, lives will be saved across the nation," said Elliott's father, William Elliott.

[Wolfie]

Uhhh...shouldn't the cops have detoxed the guy before they released him?

[krb]

That's a horrible precedent. I hope they find the guy not-guilty. Not that I think it is noble to not interfere with drunken drivers, but the legal precedent is horrible for returning us to a system of laws that emphasize personal responsibility.

This is some horrible nanny-statism.

[Lazamataz]

There was a crime somewhere in America today.

You are responsible for not stopping it.

Go to jail.

[Wolfie]

Hey, if they don't fire up the Bat Signal, how'm I supposed to know about it?

On the other hand, NJ might be fun for a new extreme sport - "Drunk Wrangling". Seriously, hang out at local bars and pounce on the lush heading out to his car. After all, its the law.

[Republicus2001]

well why do you think they're going after the friend? if it's the buddy's fault, govt is off the hooks again...

[Wolfie]

You're probably right. BIG time lawsuit must be in the works over the crash.

[lelio]

While I agree this is a shaky case, get a load of this grandstanding:
"Let's take this to its logical conclusion. The state, by prosecuting this guy, is saying this guy should have fought him, used physical force to stop him," Trichter said.
Uh, how about "No I'm not going to take you back to your car, you're going home to sleep. If you don't like it you're going back to jail"

[gubamyster]

My thoughts exactly. If they want to start blaming everyone involved, start w/ the cops who released him & called to have him picked up.

[LostThread]

No, way should this man have been released. He should have been held at least for the night to detox!!...

I disagree with holding the friend accountable.....Just my opinion....

[goldstategop]

If the friend knowingly let a drunk driver behind the wheel, that's one thing. But to hold a third party responsible for the actions of another is to distance ourselves even more from the notion we should all be held accountable for our OWN behavior. As a society, we've reached the point where we're ready to blame any one but the guilty party for his behavior.

[PMCarey]

Let's say the buddy didn't pick up his drunken friend and his friend walked (staggered, stumbled) to his car and then drove off with the same result. Are the police culpable? They gave him the keys and sent him off knowing he was drunk. It seems to me that if his friend is culpable, then so are the officers at the police station. So why aren't they on trial?

[Republicus2001]

yar, I have a funny feeling the city's liability awards has capped out or they don't have insurance in the first place. East St. Louis I understand defaulted on a liablity award once and as I rememeber the perps ended up with the station house!

In all likelyhood the buddy's homeowners insurance had deeper pockets than the city...

[goldstategop]

Good point. If a third party is responsible, why not go all the way and hold the drunk driver's family accountable? After all they were aware he had a drinking problem and didn't do enough to get him to quit before he killed someone. Let's put them on trial too, along with the cops and the friend.

[Brilliant]

Arrest the cops for letting him take him out.

[Semper911]

We will all need to carry around breathalizer machines when we go out with friends. Then we will all have to blow in each other's machines.

I can hear it now: Blow this!

[hoosierham]

The POLICE and CITY bear the responsibility once the intoxicated was in their custody---the POLICE started the chain of events that lead to the car crash. The intaxicated driver's car should have been towed and impounded and the offender held until his blood alcohol had dropped.This is a blatant attempt to shift blame from those in power.

Most people would presume the release of the drunken offender and the release of his keys/vehicle tantamount to police approval of his getting behind the wheel.

[Springman]

When my brother was busted for DUI in 1980, the police had him sleep it off in jail. I just thought that was SOP.

[templar]

If the guy was .26, assuming he didn't drink more after being released, he should have been unconscious or nearly dead. Even if he was a hardened alcoholic he would have been obviously extremely intoxicated. How could the police have possibly released him, when it was obvious he was dangerous to himself and the general public in his condition? And they gave him his keys back too??!!

[dtel]

"In all likelyhood the buddy's homeowners insurance had deeper pockets than the city..."

Bingo.
It is about the money.
In some places you can't even sue the cops.
Wish I was on the jury.