So everyone knows that if you run someone over with a car, you go to jail. But, is that really fair for someone to go to jail for an accident? I can't really think of the names here, but this hockey player is on trial and faces up to 15 years in jail for getting into an accident, and his passenger was killed. It may be his carelessness for getting into the accident, but I think 15 years in jail is too harsh. What are you thoughts on this? And vehicle homicide in general?

I don't know the details of the case, so I can't really speak to whether the punishment was appropriate. Was the driver in his own lane, obeying the speed limit (within reason), or was he driving recklessly or under the influence of a substance? Was the accident just that, or was some carelessness on the part of the driver to blame? Generally, if people are convicted of vehicular homicide, a jury has been thoroughly convinced that the person is guilty of at least recklessness or disregard for the safety of others. A jury is not usually inclined to convict people of things they are not guilty of, especially in cases of vehicular homicide. It's (from what I hear) one of the harder offenses to prosecute, because you have to prove to the jury that something could have been done to prevent the accident in question. I would invite more details on this case, though. Justice does take lunch breaks sometimes.

<3 Mary

Uh, Fweddie man...We live in Canada and you do not go to jail if you hit someone by accident. Your subject is vehicle homicide and homicide means murder, and I don't really think it's classified as vehicle "homicide" if it wasn't done on purpose. If you run someone over and mean to do it, of course you deserve to go to jail, but if it was an honest accident and that gets proven in court, you do not go to jail. <3

Uh, Fweddie man...We live in Canada and you do not go to jail if you hit someone by accident. Your subject is vehicle homicide and homicide means murder, and I don't really think it's classified as vehicle "homicide" if it wasn't done on purpose. If you run someone over and mean to do it, of course you deserve to go to jail, but if it was an honest accident and that gets proven in court, you do not go to jail. <3
What if you had been drinking or on drugs, or speeding through a school zone? Does that still warrant as an "accident"?

Its really to shady.. there are to many factors that go in to a case. If you are drunk and on drugs I believe that its is 'vehichile homicide.' Anytime you step into a vehicle under the influence you are out to kill. I just wish the courts would see it that way. It would really have to depend on the case. I had a friend that killed someone in his car. A kid ran from behind some bushes on a busy street where there are really no lights. Not to say that this is a factor but the kid was balck wearing all black clothes. My friend didn't see him. Like i said he came flying across the street at 2am in the morning. I can't remember if he got charged with anything this was a while ago. But needless to say my friend can never really change car insurance bc he has this on his record. regardless if it was his fault or not. I'll have to check to see if he got a ticket. My brain is failing at the moment.

here in scotland you dont go to jail if it is an accident but either way it does get investigated by the authorities and the police etc and if its an accident then you get the all clear but if there is reckless driving present court action is usually taken, it all depends on the fact of if any of the passengers or pedestrians died or were critically ill as a result of the accident, and if there were drugs or alcohol or speeding involved.

i think 15 years is a little harsh for an accident, because no doubt that person is already suffering enough from the pain of what has happened but if it was genuinly an accident then no law action should be taken i think, and only if all partys agree that it was clearly an accident.

What if you had been drinking or on drugs, or speeding through a school zone? Does that still warrant as an "accident"?


Most definitly not. I just meant in a scenario where maybe someone stepped out from behind a vehicle right as someone was coming by and it was impossible to stop that fast.

http://www.ajc.com/... (http://www.ajc.com/sports/content/sports/0704/17heatley.html?UrAuth=%60N%5ENUOaN%5BUbTTUWUXUUUZT ZUbUWU%5EUcUZUbU%5BUcTYWYWZV)
Dany Heatley indicted
Thrashers star accused of felony in car crash that killed teammate last year

By BETH WARREN, JOHN MANASSO
The Atlanta Journal-Constitution
Published on: 07/16/04

A felony indictment issued Friday in the death of a teammate won't stop Atlanta Thrashers star Dany Heatley from playing hockey — for now.

Heatley remains in his hometown of Calgary, Alberta, free on a $50,000 bond. He is expected to play on Canada's team for the World Cup of Hockey, which starts next month.

He will have to come to Fulton County Superior Court for a pretrial hearing on charges related to the Sept. 29 car crash that killed his friend Dan Snyder, but that may not happen for weeks. His case has not yet been assigned to a judge.

In the meantime, District Attorney Paul Howard said he is willing to talk with Heatley's attorneys about a possible plea agreement.

"I'm always amenable to a plea, particularly if it's the appropriate sentence we would seek in the first place," Howard said.

Ed Garland, one of Heatley's attorneys, said he is unlikely to consider an offer that involves jail time.

"We will try to persuade the prosecutor, the court and, if needed, a jury that this is not a criminal case of vehicular homicide — felony or misdemeanor," Garland said. "It's a tragic accident."

Prosecutors would face several hurdles to win a felony conviction. For starters, Snyder's family has publicly supported Heatley.

"It's not our wishes," the victim's father, Graham Snyder, said of the indictment. "But we do respect the [district attorney's] office and their duties."

Howard said Heatley is not being "made an example of," noting that his office often prosecutes vehicular homicide cases as felonies. The average sentence statewide is about five years, the district attorney said.

From police investigators' perspective, the case is clear-cut. Heatley had been drinking, was speeding and caused a wreck that killed someone.

Gwinnett County District Attorney Danny Porter suggested winning a conviction for felony vehicular homicide is easier when the incident involves alcohol, especially if the driver was legally drunk.

But Heatley was far from being drunk. He registered .01 on a blood-alcohol test, according to prosecutors. In Georgia, a person is considered legally drunk at .08 or higher.

"It is not against the law to drink and drive," Atlanta defense attorney Bruce Harvey said. "It's against the law to have so much it affects your ability to drive. And this case isn't even close."

Vehicular homicide is a misdemeanor crime, punishable by probation or up to one year in jail, unless there is an aggravating circumstance that elevates it to a felony.

Prosecutors cited "reckless driving" in treating the Heatley case as felony first-degree vehicular homicide, which could bring as much as 15 years behind bars.

Howard said Heatley was driving between 60 and 90 mph in a 35 mph zone when he crashed his black Ferrari on Lenox Road. The two teammates were headed home at about 10:30 p.m. after a stop at the Tavern restaurant at Phipps Plaza in Buckhead.

Heatley lost control of the car and slammed into a brick pillar and iron fence outside a Buckhead condominium. Snyder, who was thrown 30 feet from the car, died Oct. 5 from head injuries. Heatley suffered several injuries and underwent surgeries for a broken jaw and damaged knee.

Garland said he wants access to Heatley's car so defense experts can have it tested to determine speed and whether there were any defects.

"He suffered a concussion to the extent that he can't remember" the wreck, the attorney said. "Speeding on his way home is inconsistent with his general pattern of behavior."

The law is vague on what constitutes "reckless" driving. If speeding alone were enough, most drivers on I-85 and I-75 would be subject to prosecution, veteran defense attorney Harvey said.

Heatley has hired two well-known attorneys to handle his case. Garland and Don Samuel helped NFL player Ray Lewis secure a plea agreement to a minor charge in the 2000 Buckhead street fight that left two men dead.

"You know you're going to get a dream-team defense like O.J. Simpson had when you have a team of lawyers as experienced as those two," said Mark Kadish, professor at Georgia State University's College of Law and Garland's former law partner. "A chance of acquittal, even against the best of prosecutors, is greater."

Heatley's popularity as a sports star also may help him, some lawyers say.

Celebrity can backfire for defendants, but Heatley is considered talented and approachable and remains one of the most popular Thrashers players.

District Attorney Howard said he's not concerned, because his office has secured convictions against "popular people."

"I think the jurors will look at the facts," he said.

If Howard didn't prosecute Heatley, he would take heat from the public, Kadish said.

"If he doesn't prosecute him, people would say: 'The white celebrity got away because he's a celebrity.' Whereas, if he was a black man from the ghetto, he would be prosecuted."

Staff writer Steve Hummer contributed to this report.
I used to drive Lenox Road on a daily basis back in my college days, and you'd have to be certifiably insane to think you could take it at 60-90 mph. It is one of the many roads around Atlanta where you'd swear they simply drove an asphalt paver over a meandering cow path and called it a road.

thanks for the article, it was good to finally read it, its a shame that he lost his friend and i think its good that snyders parents are supporting him but it was stupit to go that fast on a road that 35mph is stated, its clearly stated that for a reason.