Posted on 07/31/2002 5:47:13 PM PDT by Libloather
Man Tried for Friend's Drunkenness
Tue Jul 30, 1:15 PM ET
By JOHN CURRAN, Associated Press Writer
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.
Mr. Pangle himself was responsible for this accident. He alone was driving that car.
You can bet your ass that had Mr. Pangle survived the accident, he would be the one being prosecuted. The fact that he died necessitated the requirement to find another perpretrator. Absent the loaning of the vehicle, our friends in the law rackets would have attempted to hang this on some other entity, such as the maker of the vehicle involved.
His BAC reading was .26 following the fatal accident - what was it when he was originally arrested and when he was released to the friend???? Isn't there a possibility he stopped somewhere andhad a few more belts between the time he got back in his car and the time he wrecked??
I am not defending drunk driving, I'm generally pro-police, and I'm not a conspiracy theorist - but I think the friend is the least guilty of anyone here.
Something is missing from this whole story.
Don't forget to sue the brewers/distillers, whatever. And the poor slob who owns the bar.
Apparently not. A Liberteen pal of yours, AdamSelene235, said,"But as long as loons don't harm anyone or threaten anyone, I think they should be left alone."
Isn't a drunk driver a threat? And isn't the one getting him or seeing him becoming drunk more responsible than the drunk driver?
And would a libertarian policeman have been more likely to set the drunk free, knowing he would be on public thoroughfairs threatening innocent bystanders? Drink all you want in your home, but not on the road.
The problem is that a drunk person is by definition incapable of making appropriate decisions about his behavior.
Perhaps the silliest thing about the whole "drunk driving" idea is the theory that someone will drive somewhere, get blasted and then be clearheaded enought to decide whether he should drive home.
Personally, if I plan to drink, I take a cab to the bar or party. Then I have no choice but to take one home or catch a ride.
How is having a .26 alcohol level NOT a threat? Why don't you just admit you don't have a clue what libertarian thought is about, since there is logic involved.
Oh, Bubbaloo, you have soooooo much to learn. How old are you?
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.
According to this logic the State Police should be on trial. The only one guilty here is the drunk guy. I live in Salem County and would love to know which prosecutor thought this nonsense up.
Is the "drunk fool" responsible for what he does?
(Liberteens, pay close attention...)
We had a case here, at an office party some lady drank too much, her boss offered to call a cab for her, she turned the offer down, drove to a bar and had a few more drinks...... the boss was held responsible to the tune of a quarter of a million bucks.
To the underaged, please back away from the table...
No one forced him to get drunk.
Prosecute everyone! Everyone everywhere! Somehow everyone is responsible for everything everyone else is doing! I, myself, am responsible for the Ted Bundy murders!
Good God.
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