KymcoForum.com
General => General Discussion => Topic started by: OregonDad on May 24, 2013, 07:55:16 AM
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Earlier this week a fellow scooter rider mowed down by drunk driver in a full size pickup truck and had to be life flighted to Portland.
The pickup truck drove with sparks flying out underneath the front end for 1500 feet until stopped by a passing police car.
The drunk driver, a prominent local businessman, was arrested for driving under the influence and had a blood draw to determine his intoxication level.
The driver of the pickup stated to police he may have struck somebody near McDonald’s. Instead of being charged with felony hit & run and jailed until a bail hearing, the prominent local businessman who is friends with the City Police Chief was released into the custody of his wife, allowed to go home and sleep it off in his own bed.
The scooter rider had open heart surgery yesterday and is looking at another surgery very soon to address some broken vertebrae.
http://mycolumbiabasin.com/common/more.php?m=15&r=31&item_id=22301 (http://mycolumbiabasin.com/common/more.php?m=15&r=31&item_id=22301)
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I just hate this kind of news.... In my country, If you hit someone with your vehicle, you will be charged with "reckless imprudence resulting to physical injury or homicide" and that means jail... We don't have DUI laws...
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The story states "Roberts says 39-year-old Kelsey Garton was arrested for driving under the influence and released, but he says the investigation continues."
Now the OP may know more of the story then I, but he was arrested, it doesn't say when he was released just that he was.
Also we don't know if the drunk driver was at fault, xcertainly being drunk would indicate fault to a large extent but we don't know what if any laws were broken by the man on the scoot. He may have been going in the wrong direction etc....
As much as it sounds like a lock stock and barrel case it's the reason we have courts and a system in place instead of allowing the people to stone someone to death. Just like Obama killing people with drones and no trial.
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The local paper pulled the online version of the story, but you may still be able to see the Bing cached version here http://cc.bingj.com/cache.aspx?q=An+intoxicated+driver+struck+a+man+on+a+scooter+shortly+after+midnight+Wednesday+in+Pendleton&d=27022643869843978&mkt=en-US&setlang=en-US&w=KfEZF9xPB148yWzOuc1wpZLs_HBC6SL7 (http://cc.bingj.com/cache.aspx?q=An+intoxicated+driver+struck+a+man+on+a+scooter+shortly+after+midnight+Wednesday+in+Pendleton&d=27022643869843978&mkt=en-US&setlang=en-US&w=KfEZF9xPB148yWzOuc1wpZLs_HBC6SL7)
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Updates on Mr Chen:
http://mycolumbiabasin.com/common/more.php?m=15&r=31&item_id=22491 (http://mycolumbiabasin.com/common/more.php?m=15&r=31&item_id=22491)
http://mycolumbiabasin.com/common/more.php?m=15&r=31&item_id=22521 (http://mycolumbiabasin.com/common/more.php?m=15&r=31&item_id=22521)
"There are a number of significant fractures to not only his spine, but the rib cage," he said. "The indication at this point in time at least, is that there is not expected to be any paralysis, which is a good thing. Due to the injury to internal organs ... it's really unknown where he's going to be a day from now, an hour from now or a week from now."
Friends of the family say the Chens are hard-pressed to cover the cost of being in Portland to support the victim. The James Chen Donation Fund has been established and donations can be made at any Banner Bank branch. http://bannerbank.com/AllLocations.aspx (http://bannerbank.com/AllLocations.aspx)
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We had the same thing happen here in michigan. the guy was drunk and got home save and called the police and said he hit a deer gave the cops the area he hit the deer at and the police found a scooter on the side of the road and a 14 year old lieing dead in a ditch.They said the scoot was draged about a mile down the road from wear they found the boy. the man that hit him is doing jail time.
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Let's face it... It's part of the package when we buy scooters... ;)
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Let's face it... It's part of the package when we buy scooters... ;)
I don't think any of us signed up to be run over by a drunk.
I posted for two reasons.
First to remind everyone to be careful out there.
Second because I am outraged at the preferential treatment that the local businessman was given. If it were a regular guy behind the wheel he would be charged with felony leaving the scene of an accident and spent the night in jail pending a bond hearing!
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I don't think any of us signed up to be run over by a drunk.
I posted for two reasons.
First to remind everyone to be careful out there.
Second because I am outraged at the preferential treatment that the local businessman was given. If it were a regular guy behind the wheel he would be charged with felony leaving the scene of an accident and spent the night in jail pending a bond hearing!
We are always careful... thanks for the reminder Oregondad...but you can never be too careful.... even a banana peel on the road can be dangerous to us scooter guys...
My two cents...a drunk, an old lady in an SUV, people texting, deer, dog crossing, lamp post, everything out there are potential dangers to motorcycle/scooter riding individuals... I believe that deciding on traveling on two wheels is really a risk... drunk or not, cagers always win... to reiterate... it's part of the package... sad but true...
Yes, the guy should be charged with felony, jailed even, can even be hanged to death if the law permits...Yes, we are all angry about the special treatment ...but.... fact still remains... scooter rider is in the hospital...
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Yes its true when we buy a scooter we are takeing a big risk. Sometimes are love ones dont even like us on theam but we ride any ways.And yes if you are hit buy a drunk he made the choice to drink and drive so he should get jail time no matter who he or she is.
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No new news about Mr Chen's condition.
Yesterday I had to drive on the same road as the collision. It was quite chilling. A block before the McDonald's in the left lane there is a dark stain on the asphalt a yard in diameter that I assume was Mr Chen's blood. Then in a half a block two scrapes in the asphalt run down the middle of the right lane. Four city blocks later, charred mounds of plastic are seared onto the white concrete curb and gutter. Either Mr Chen was in the left lane and run over while the scooter stuck to the grill of the pickup until it fell and got wedged underneath; or he was in the right lane and got thrown off into the left lane by the impact. No new news from the police or the local paper about the investigation, nor the drunk drivers blood alcohol level (BAC).
Apparently it is up to the luck of the draw to see how many friend of the accused end up on the grand jury, who will determine what he gets charged with.
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It also depends on what Mr. Chen's BAL was, if he was operating in a safe manner, was a lic driver etc. Make no mistake, I along with everyone else feels bad for the apparent victim here but there are always circumstances that need to be investigated before hanging someone.
What if they were both drunk driving, where do we go from there?
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What if they were both drunk driving, where do we go from there?
Then cager wins... as usual...
Two days ago, while crossing an intersection, a car at my right side was rammed by another car that lost it's brakes.... that kept me thinking and thinking..., up to now... what if there was no car there? it could have been me and my wife, right? was it luck? coincidence? my St. Christopher medallion? what?... I have a license, riding at 30 mph, clear skies, sober, full gear,... If I was driving my car that night, I couldn't care less, It would not haunt me .... but despite of those things out there, I still ride... because I love to ride... ride safe guys!
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Four months after the vehicular assault and the drunk driver still has not been charged. http://www.eastoregonian.com/news/local_news/garton-may-face-serious-charges-after-duii-wreck/article_1311ed86-16b2-11e3-af44-001a4bcf887a.html (http://www.eastoregonian.com/news/local_news/garton-may-face-serious-charges-after-duii-wreck/article_1311ed86-16b2-11e3-af44-001a4bcf887a.html)
It must be nice to be a big businessman in a small town. I wonder if his good friend the Police Chief is waiting for some statute of limitations time limit to run out so this jerk can escape justice? Surely the drunk's BAC results from that nights blood draw has to be back from the state crime lab by now.
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the BAC is in the mail,.
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Sweetheart deal given to local good olde boy businessman.
After six months without charges, this was all taken care of in less than 72 hours. Not enough time for the victim or his attorney to be present.
First http://www.eastoregonian.com/news/local_news/garton-charged-with-two-felonies-for-drunken-crash/article_3f2b3e96-4cf3-11e3-8462-001a4bcf887a.html (http://www.eastoregonian.com/news/local_news/garton-charged-with-two-felonies-for-drunken-crash/article_3f2b3e96-4cf3-11e3-8462-001a4bcf887a.html)
A Pendleton business owner and Happy Canyon director who drove drunk and crashed into a man almost six months ago now faces charges.
Kelsy Garton, 39, has a court date Friday for an arraignment on charges of third-degree assault, failure to perform duties of a driver to an injured person and driving under the influence of intoxicants. The assault and hit and run are felonies, and duii is a misdemeanor.
After the crash Garton’s blood showed an alcohol level of 0.16 percent, twice the legal limit.
Then on Friday http://www.eastoregonian.com/news/local_news/garton-avoids-prison-pleads-guilty-to-assault-duii/article_56998b14-4e74-11e3-b6b8-001a4bcf887a.html (http://www.eastoregonian.com/news/local_news/garton-avoids-prison-pleads-guilty-to-assault-duii/article_56998b14-4e74-11e3-b6b8-001a4bcf887a.html)
Friday was the first time Garton was in court for the crimes. Garton, 39, pleaded guilty Friday at the Umatilla County Courthouse, Pendleton, to third-degree assault and driving under the influence of intoxicants. The assault is a Class C felony in Oregon and the DUII is a misdemeanor.
In exchange for the guilty pleas, the district attorney dropped a Class B felony of failure to perform the duties of a driver to an injured person. Defense attorney Steven Thomas of Pendleton told Circuit Court Judge Christopher Brauer the negotiations for a deal with the district attorney’s office began six months ago.
Assault in the 3rd degree is a Class C felony punishable in Oregon by up to 5 years in prison and $125,000 in fines.
Judge Brauer noted Oregon’s usual sentence for the crime was 16 to 18 months in prison. Garton’s eyes widened at the words. But the judge handed down the sentence in accord with the plea deal — three years of probation and 180 days in jail, with all but 30 suspended.
Judge Brauer also ordered Garton to complete 160 hours of community service, alcohol and drunken driving treatment and meet other requirements. He also must write a letter of apology to Chen. Garton must also pay about $1,800 in fines and fees. The deal also revoked and suspended Garton’s driving privileges for a year, so he handed over his driver’s license. ↠WTF! Why didn't that happen six months ago?
Chen is pursuing a civil case against Garton.
Google other DUII hit and run sentences. On the same day in Portland Oregon another drunk was sentenced to 40 months in prison for the same thing! http://www.kptv.com/story/23985874/mother-of-hit-and-run-victim-you-chose-to-leave-him-helpless-in-the-road (http://www.kptv.com/story/23985874/mother-of-hit-and-run-victim-you-chose-to-leave-him-helpless-in-the-road)