Thursday, July 27, 2006

Five days in jail is just wrong...

I hestitated on writing about this story because the topic of those who drive will under the influence of drugs or alcohol is a personal one for me. With that caveat of a warning...the title linked Toledo Blade story really bothered me.

I understand the facts as the Blade article points out:

Police said rain and parked cars may have obstructed views. Mr. Fuller, police said, had a green light and the women, who were walking from a bar, had a Don't Walk signal.

Tammy Shular, 40, was killed and her niece, Cherie Seibers, was hurt March 12 when they were hit by Mr. Fuller on Starr Avenue in East Toledo.

Mr. Fuller had a blood-alcohol level of 0.157 percent. Ms. Shular of Toledo had a blood-alcohol level of 0.37 percent.

In April, a Lucas County grand jury decided not to indict Mr. Fuller on charges of aggravated vehicular homicide and aggravated vehicular assault.


So he was not charged in causing a death or an injury, I understand that. He was however driving drunk. Had he not been drinking would he have still been involved in this accident? That we don't know...That we will never know.

So while it does appear a 6 month jail sentence is more than what your typical misdeameanor first time DUI offender is given, five days given the additional factors even if he was not indicted on other charges just doesn't seem right...

8 comments:

Jill said...

Wow. I'd like to know more. Is there a link, LR?

Unknown said...

The title is clickable for a link to the Toledo Blade article or you can go here

Brian Maxson said...

There is a fine line between "Justice" and "Vengance".

"Vengance is personal. Personal gets messy and people die" -Sonny Crockett

I too abhor Drinking and Driving. But the Grand Jury assigned this case felt there wasn't enough to indict.

My other two fears while driving, behind someone walking out in traffic against the light, are heart attack victims and ball joint failures in oncomming traffic.

But such is life. Some people get lucky and some people get screwed.

Unknown said...

Kate, that's probably why he was not charged with vehicular homicide or assault. The Grand Jury evidently did not assign that percentage of guilt to him. That said, five days in jail seems pretty mild for what happened and would be more in line with a simple DUI where there was no property damage or injury.

Hooda Thunkit (Dave Zawodny) said...

I too think that 5-days is getting off light, especially since somebody died because of his actions.

The 5-days might have been better spent say, in the electric chair...

The justic system has failed this young man, as five days in jail will not impress upon him the value of a human life.

Unknown said...

If he would not have been drinking he probably would not have been charged at all given the Grand Jury decided not to indict him on charges related to the death or the injury. That doesn't mean that he should get a five day sentence. That's the typical sentence for a first time DUI when there are no other circumstances involved.

Anonymous said...

tammy shular was my aunt and cherrie seibers is my sister i really agree with you i have my sister who even said there was no cars to block his view and thy werent even in the street yet when they were hit. my whole familly lit candles on the corner were they were hit. i miss my aunt so much and my sis is hurt veryy badlyy. i looke dup what some reporters said and i found this and it made me feel better that someone feels this way too =]

Anonymous said...

my name is jennifer seibers in tammy shular was my mom in cherie seibers was my cousin in that bitch kevin fuller killed my mom i think he needs to DIE for wat he did i mean how could he live wit his self knowin that he killed a inocint women and they did not walk out in front of the cars they was stndin by the curve in he hit them in instantly killed my mother right at the scene at seiriouly injured cherie seibers ........I THIN HE SHOULD OF GOT LIFE...........