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Beverly police officer convicted in 2007 fatal crash
A Beverly police officer was convicted today of killing a woman when his cruiser smashed into her parked car, but he will not have to go to jail, Suffolk County prosecutors said.
The judge sentenced Merry to three years of supervised probation, 200 hours of community service, a $1,000 fine, and the loss of his driver's license for 15 years, said Suffolk district attorney's spokeswoman Erika Gully-Santiago.
Merry was convicted of negligent motor vehicle homicide in Peabody District Court in March 2008, but a judge later set aside the conviction because new evidence had been discovered.
The Supreme Judicial Court ordered a new trial earlier this year, rejecting Merry's argument that he should not be retried and that there was not enough evidence to establish that he was negligent.
Originally posted by Estharik
I hate when I hear about things like this. If I were one of her family members I know I would be plotting my own justice. Do you have a source link for the original article?
wbztv.com...
The officer was convicted of the same offense last year, but was granted a new trial after the judge said prosecutors failed to disclose evidence favorable to him.
Merry argued he'd had a seizure. Prosecutors said Merry made a crack in the windshield with his head, showing he'd been sitting up.
A judge ordered a new trial in May 2008 after a crash analyst told prosecutors after the trial that the crack came from a stress fracture.
Originally posted by 12m8keall2c
As for the sentence handed down by the judge, perhaps he took the "seizure claim" into consideration after the crash analyst stated the windshield crack was the result of a stress fracture. (?)
A sad and unfortunate loss of life, my heart goes out to this woman and her family, but with all we have to go on from the source and article I've linked to above it wouldn't seem a case of the officer having acted in a reckless manner. (?)
Accidents Do happen...
Originally posted by rogerstigers
Originally posted by 12m8keall2c
As for the sentence handed down by the judge, perhaps he took the "seizure claim" into consideration after the crash analyst stated the windshield crack was the result of a stress fracture. (?)
A sad and unfortunate loss of life, my heart goes out to this woman and her family, but with all we have to go on from the source and article I've linked to above it wouldn't seem a case of the officer having acted in a reckless manner. (?)
Accidents Do happen...
Exactly, but if the seizure had real medical merit, he would have been acquitted. You don't get charged with a crime if said crime occurred because of an unexpected (and unforseable) medical issue. Now if the guy has a history of debilitating seizures there would be cause for the "negligance" part.
Regardless, even if it was a unforeseeable seizure, he would have lost his license in most states, depending on the cause of the seizure.
Originally posted by KSPigpen
If it were a cop that was killed, the driver would either be rotting in prison, or would have already been killed by the cop's 'brothers.'
Authorities said Adams, of Kentucky, was driving a box truck on Indiana 63 near Covington when it rear-ended a rented box truck that was providing support to a group of bicyclists raising money for families of police officers who died on duty.
The collision pushed the support truck into some of the bicyclists, killing Dudley and Martin and seriously injuring another rider.
Alexander said she considered filing a reckless homicide charge, but after considering an investigation, state law and Indiana case law, she determined that the charge wasn't warranted.
Alexander said Adams wasn't under the influence of alcohol or controlled substances and was not in violation of any federal regulations that govern the amount of time a driver can be lawfully on the road. She also said that there was nothing in Adams' medical or driving history that would have made him unfit to drive.
She said state law defined reckless homicide as being done "in plain, conscious and unjustifiable disregard of the harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct."
Originally posted by MrDesolate
Originally posted by KSPigpen
If it were a cop that was killed, the driver would either be rotting in prison, or would have already been killed by the cop's 'brothers.'
Two police officers killed in accident; no charges filed.
Authorities said Adams, of Kentucky, was driving a box truck on Indiana 63 near Covington when it rear-ended a rented box truck that was providing support to a group of bicyclists raising money for families of police officers who died on duty.
The collision pushed the support truck into some of the bicyclists, killing Dudley and Martin and seriously injuring another rider.
Alexander said she considered filing a reckless homicide charge, but after considering an investigation, state law and Indiana case law, she determined that the charge wasn't warranted.
Alexander said Adams wasn't under the influence of alcohol or controlled substances and was not in violation of any federal regulations that govern the amount of time a driver can be lawfully on the road. She also said that there was nothing in Adams' medical or driving history that would have made him unfit to drive.
She said state law defined reckless homicide as being done "in plain, conscious and unjustifiable disregard of the harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct."
Two police officers on a ride for a charity raising money for families of officers killed in the line of duty. Killed in a tragic accident by a truck driver who rear ended the support truck and pushed it into the bicycling officers.
Your personal opinions of police officers is coloring your judgment.
Originally posted by MrDesolate
reply to post by Stillalive
It was an accident. Someone died as a result, does that qualify him as "a killer"?
negligent motor vehicle homicide