In Memoriam Johnny Gaudreau & Matthew Gaudreau killed by drunk driver while cycling (MOD WARNING. No Flaming, Trolling, or Politics.)

[Nogatco Rd]

doesn’t this imply there’s some intentionality or am I misunderstanding?

No, homicide just means you killed another person. Not a referendum on intentionality or even legality. If you kill another person in a war, that’s also considered a homicide.

 

[ucanthanzalthetruth]

Not a surprise to reject that plea deal, prosecutors offered him 35 years for the 2 manslaughter charges (with time served he'd be out in 25.5 years) and then 5 years for fleeing the scene. He'd serve 3 years of those 5, so 25.5+3=28.5, at 44 that's effectively a life sentence, might as well roll the dice. If it was in the 15-20 year range he'd probably have taken it, prosecutors must think it's a slam dunk because that's not a very good plea deal offer lol.

Good case for death penalty.

Tons of priors, totally senseless killing, no future either way and totally clear in terms of evidence.

Higgins had no criminal record, not sure who you're thinking of (2005 DUI dropped when the cop didn't show up on his court date).

 

[Statto]

Not a surprise to reject that plea deal, prosecutors offered him 35 years for the 2 manslaughter charges (with time served he'd be out in 25.5 years) and then 5 years for fleeing the scene. He'd serve 3 years of those 5, so 25.5+3=28.5, at 44 that's effectively a life sentence, might as well roll the dice. If it was in the 15-20 year range he'd probably have taken it, prosecutors must think it's a slam dunk because that's not a very good plea deal offer lol.


Higgins had no criminal record, not sure who you're thinking of (2005 DUI dropped when the cop didn't show up on his court date).

So I guess he’s banking on a judge giving a lesser sentence?

 

[Crow]

Honestly I am in the huge minority here. I don’t feel a 25 year sentence fits the crime here. Guy had two beers too many (from the BAC) and drove recklessly and aggressively. I feel like if he would have hit two non famous people he would have gotten an offer of about 10-15 years. That seems appropriate given the circumstances. If he would have been smashed (above .15 bac) or had a prior conviction (he only has an arrest) I could see 25 years. It’s too much.

What purpose does the extra 10 years serve? Sentences are too long in this country generally imo (to make money off of taxpayers; no rehabilitation really occurs) and it’s been pretty well established that much longer sentences don’t deter crime.

 

[Incognito]

The fact that he actually had the audacity to plead not guilty and drag the family through the pain and distress of a trial should definitely be taken into consideration when it comes time for his sentencing. This selfish piece of shit just confirmed that he has zero remorse for what he’s done and has learned absolutely nothing from it.

 

[Lazlo Hollyfeld]

Honestly I'm surprised they're talking about that long of a sentence. Unfortunately when cyclists get killed the sentences are typically appallingly light, no matter how egregious the driver's behavior was.

The implication being the cyclists bears some fault in their own death merely by being on the road.

 

[Tkachuk4MVP]

The fact that he actually had the audacity to plead not guilty and drag the family through the pain and distress of a trial should definitely be taken into consideration when it comes time for his sentencing. This selfish piece of shit just confirmed that he has zero remorse for what he’s done and has learned absolutely nothing from it.

Almost everyone pleads not guilty at first for legal reasons. It doesn't necessarily mean he's denying what he did or that he wants a trial.

 

[Hanji]

The fact that he actually had the audacity to plead not guilty and drag the family through the pain and distress of a trial should definitely be taken into consideration when it comes time for his sentencing. This selfish piece of shit just confirmed that he has zero remorse for what he’s done and has learned absolutely nothing from it.

No it shouldn't.

Obviously what the family is going through is incomparable. However, people's grief should never influence let alone supersede the right of a citizen to have his/her day in court.

 

[I Hate Blake Coleman]

Honestly I'm surprised they're talking about that long of a sentence. Unfortunately when cyclists get killed the sentences are typically appallingly light, no matter how egregious the driver's behavior was.

The implication being the cyclists bears some fault in their own death merely by being on the road.

He was drunk and aggressive. He'd get a strong sentence if he were sober. Alcohol only makes it worse. Impaired driving in North America is a scourge. It needs a tough deterrent. Canada is far too lenient on criminals. You can kill someone in Canada and get out in under a decade.

 

[Pancakes]

Not a surprise to reject that plea deal, prosecutors offered him 35 years for the 2 manslaughter charges (with time served he'd be out in 25.5 years) and then 5 years for fleeing the scene. He'd serve 3 years of those 5, so 25.5+3=28.5, at 44 that's effectively a life sentence, might as well roll the dice. If it was in the 15-20 year range he'd probably have taken it, prosecutors must think it's a slam dunk because that's not a very good plea deal offer lol.


Higgins had no criminal record, not sure who you're thinking of (2005 DUI dropped when the cop didn't show up on his court date).

He's only 44. If he got out in 25 years he'd be 69 and have a whole decade of freedom to look forward to depending on if he reaches his 80s or not.

 

[ucanthanzalthetruth]

So I guess he’s banking on a judge giving a lesser sentence?

He could still get a better offer closer to trial, for the longest time he was just facing death by auto which is just 20 years max (consecutive), now it got upgraded to aggravated manslaughter, I'm not familiar enough with New Jersey's laws to know if that's legitimate or the prosecution is just throwing things and seeing what sticks. He honestly wouldn't even get much more time in jail if he goes to trial, it's not a good plea deal. Typical plea deal is like you're facing 20 years but get an offer for 8, you'd strongly consider it, but for a 45 year old, 30 years vs 60 is moot essentially.

 

[tarheelhockey]

Honestly I am in the huge minority here. I don’t feel a 25 year sentence fits the crime here. Guy had two beers too many (from the BAC) and drove recklessly and aggressively. I feel like if he would have hit two non famous people he would have gotten an offer of about 10-15 years. That seems appropriate given the circumstances. If he would have been smashed (above .15 bac) or had a prior conviction (he only has an arrest) I could see 25 years. It’s too much.

What purpose does the extra 10 years serve? Sentences are too long in this country generally imo (to make money off of taxpayers; no rehabilitation really occurs) and it’s been pretty well established that much longer sentences don’t deter crime.

Unpopular opinion but you have a very valid point here.

 

[nturn06]

Honestly I am in the huge minority here. I don’t feel a 25 year sentence fits the crime here. Guy had two beers too many (from the BAC) and drove recklessly and aggressively. I feel like if he would have hit two non famous people he would have gotten an offer of about 10-15 years. That seems appropriate given the circumstances. If he would have been smashed (above .15 bac) or had a prior conviction (he only has an arrest) I could see 25 years. It’s too much.

What purpose does the extra 10 years serve? Sentences are too long in this country generally imo (to make money off of taxpayers; no rehabilitation really occurs) and it’s been pretty well established that much longer sentences don’t deter crime.

Unfortunatelly, too many lifes are lost because people think it is OK to drive when one is just a bit drunk...

 

[ucanthanzalthetruth]

Unpopular opinion but you have a very valid point here.

Bergen man pleads guilty in drunk-driving crash that killed 3 in Parsippany

Miguel Botero admitted he was over twice the legal limit when he drove against Route 80 traffic and struck a vehicle head-on, killing three people.

www.njherald.com

Same state, over double! the limit, driving the wrong way on a highway, killed 3, got 17 years.

 

[Jacob]

What were his prior issues?

 

[Oddbob]

Honestly I am in the huge minority here. I don’t feel a 25 year sentence fits the crime here. Guy had two beers too many (from the BAC) and drove recklessly and aggressively. I feel like if he would have hit two non famous people he would have gotten an offer of about 10-15 years. That seems appropriate given the circumstances. If he would have been smashed (above .15 bac) or had a prior conviction (he only has an arrest) I could see 25 years. It’s too much.

What purpose does the extra 10 years serve? Sentences are too long in this country generally imo (to make money off of taxpayers; no rehabilitation really occurs) and it’s been pretty well established that much longer sentences don’t deter crime.

If you kill anyone from drinking and driving it should be life with no parole. Why should you get a few years for ending someone else's life because you needed to go have a drink? Drinking and driving isn't an accident, it is a risk those that do it take.

 

[SladeWilson23]

Honestly I am in the huge minority here. I don’t feel a 25 year sentence fits the crime here. Guy had two beers too many (from the BAC) and drove recklessly and aggressively. I feel like if he would have hit two non famous people he would have gotten an offer of about 10-15 years. That seems appropriate given the circumstances. If he would have been smashed (above .15 bac) or had a prior conviction (he only has an arrest) I could see 25 years. It’s too much.

What purpose does the extra 10 years serve? Sentences are too long in this country generally imo (to make money off of taxpayers; no rehabilitation really occurs) and it’s been pretty well established that much longer sentences don’t deter crime.

Neither does the death penalty. The severity of the punishment rarely ever deters crime.

 

[Oddbob]

He was drunk and aggressive. He'd get a strong sentence if he were sober. Alcohol only makes it worse. Impaired driving in North America is a scourge. It needs a tough deterrent. Canada is far too lenient on criminals. You can kill someone in Canada and get out in under a decade.

Far less than that. A guy in my town just killed a 6-7 year old kid from drunk driving and got 3 years, 3 FREAKING YEARS for killing a person.

 

[dirtydanglez]

would have been nice to see him plead guilty and save everyone the trial. facing 35 years i can understand why he's going to court. he doesn't have much to lose by taking it to trial.

 

[Alicat]

What were his prior issues?

From what I can recall, he had a previous DUI that got dismissed when the officer who arrested him failed to show up to court

 

[DJJones]

18 months or under for killing two people for being reckless and intoxicated. You have to make sure he rehabilitates quickly I guess. That's a slap on the wrist for causing the death of two people. Matthew and Johnny combined could have lived up to 120 years of their lives and someone gets 18 months for ruining that. That's not even taking into account the children that won't get to know their father.

I'd expect more remorse from him than he has shown so far. Saying he's not guilty is not a good start from a rehabilitation standpoint.

Also, from someone that likes biking. It doesn't sit easy with me that a drunk driver can just kill me and get 1 and a half years for that while saying he isn't guilty.

Ya crank up penalties. That's how you won the drug war

Guy got drunk and drove. 18 months, counselling, and like a decade of blow boxes is plenty to make him safe in public.

 

[Crow]

Unfortunatelly, too many lifes are lost because people think it is OK to drive when one is just a bit drunk...

That is absolutely true but having a 15 year sentence or 25 years will not make a difference in anyone’s decision making when they are drunk.

I’d love to see some kind of reform to produce some actual results as far as rehabilitation and sentencing go but it seems very unlikely with all of the lobbyists for the prison industry fighting against that.

I’m getting too political and I’ll stop at this point. Going to be my last post on the matter unfortunately, I don’t think this is the place to discuss it.

100% I understand some people view that severe individual punishment is what they want. I personally don’t think it’s helping the situation though.

 

[WTG]

Ya crank up penalties. That's how you won the drug war

Guy got drunk and drove. 18 months, counselling, and like a decade of blow boxes is plenty to make him safe in public.

Don't you see the significant difference between the war on drugs and manslaughter?

I specifically mention rehabilitation twice in the quoted post. Point of rehabilitation is that you are sure that the person won't recommit the offense. From the sounds of it, this guy has serious issues, he's far from making just a stupid mistake. He has anger issues from the sounds of it and also a drinking problem. 18 months don't fix those issues. What is stopping him from getting angry, driving to the bar, and driving recklessly again in a fit of rage once those 18 months are up?

Besides, now we are talking about what the law aught to be. Even in Norway, the country that has the most pro-rehabilitation, manslaughter is 3 or 6 years.

 

[PenguinSuitedUp]

Honestly I am in the huge minority here. I don’t feel a 25 year sentence fits the crime here. Guy had two beers too many (from the BAC) and drove recklessly and aggressively. I feel like if he would have hit two non famous people he would have gotten an offer of about 10-15 years. That seems appropriate given the circumstances. If he would have been smashed (above .15 bac) or had a prior conviction (he only has an arrest) I could see 25 years. It’s too much.

What purpose does the extra 10 years serve? Sentences are too long in this country generally imo (to make money off of taxpayers; no rehabilitation really occurs) and it’s been pretty well established that much longer sentences don’t deter crime.

He murdered somebody. He deserves as many years as possible.

 

[DJJones]

I'm intrigued. Are there any comparable cases? A decision to drive drunk, drive aggressively and flee the scene after killing not one, but two cyclists.

How is a five year sentence deterring anyone from making a similar decision in the future?

I mean, not killing people and going to jail for five years is plenty to stop me.

Without looking I'd be comfortable betting large amounts that Americans kill far more people drunk driving. 35 years doesn't do shit aside from make sure they try to do a hit and run