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Traffic violations issued to mother whose daughter died in wreck on Highway 74

Tuesday, March 10, 2009

Minutes after the fatal car crash in which 7-year-old Hailey Dacus suffered fatal injuries, Victoria Dacus fought to save her daughter's life by administering CPR and assisting emergency personnel, Mitch Dacus said Monday.

"My wife did a lot of heroic things that day," he said.

Victoria Dacus, 28, had been driving the family's 2004 Chevrolet Venture minivan, with Hailey Dacus in the front seat and her two brothers, Caleb Dacus, 10, and Quinton Dacus, 6, in the back.

On Monday, Cape Girardeau County Prosecuting Attorney Morley Swingle announced that summonses had been issued to Victoria Dacus for speeding and failing to secure herself, Hailey and Hailey's siblings with seat belts.

On the day of the accident, Feb. 2, the children had just gotten haircuts. The family was on the way home, traveling westbound on Highway 74 near Minnesota Street, when the wreck occurred, Mitch Dacus said.

All three children had their seat belts on during most of the trip, police said in the early stages of the investigation, but at some point one of the boys took his off, and Hailey Dacus had turned around in her seat to tell him to buckle up, unstrapping her own belt.

At that moment, while Victoria Dacus may have been distracted by the children, the minivan struck a white Hummer sport utility vehicle, which had stalled at the roadside. There was snow on the ground and pushed up against the shoulder, and the afternoon sun was bright, making it difficult for Victoria Dacus to see the Hummer in time, Mitch Dacus said.

Shelton Hempstead Jr. of Cape Girardeau, owner of the Hummer, and his daughter were on their way to Auto Zone when their vehicle sputtered and died on Highway 74, Hempstead Jr. said Monday.

Hempstead Jr. said his vehicle was out of the road, contradicting police reports that it was only partially out of the roadway because of snow and ice pushed to the shoulder.

He and his daughter had gotten out and were trying to steer traffic away from their vehicle when the crash occurred, he said.

Mitch Dacus said his wife, a registered cardiac nurse with five years of medical education, not only had the presence of mind to perform mouth-to-mouth resuscitation on Hailey but directed EMTs and a corrections officer who stopped to offer assistance.

"She tried to save Hailey, and she's a very good nurse," Mitch Dacus said.

Caleb Dacus tried to help his mother, Mitch Dacus said.

Hailey suffered extensive trauma to the head and died later at a hospital.

Mitch Dacus said as of Monday the family had not received summonses in the mail and were not aware tickets had been issued until hearing about it in the news.

According to a probable-cause statement, the diagnostic module in the Dacus' minivan, obtained by search warrant, showed that Victoria and Hailey Dacus did not have their seat belts on at the time of the crash, and that the vehicle was traveling at 58 mph at the time of impact. The speed limit on Highway 74 is 45 mph.

Victoria Dacus told police none of the children had been wearing seat belts, the statement said.

According to Mitch Dacus, his wife had been at the hospital during the interview with police and extremely upset, her children's blood still on her clothing.

The Dacus family incurred more than $50,000 in hospital bills as a result of the crash, along with funeral expenses.

They had just purchased their first house, Mitch Dacus said, something they'd planned on doing when his wife finished nursing school.

"We went everywhere together -- we're not the kind of family that just drops their kids off at someone's house. We went camping, we went to Six Flags," he said.

Between 800 and 1,000 people attended the funeral for Hailey, Mitch Dacus said.

"Everybody thinks their kids are the best, and they should," he said. "My daughter was a strict angel."

Hempstead Jr. said he has had difficulty sleeping since the accident, and sleeps with the lights on to avoid seeing mental images of the wreck.

"It's all I see," he said. "I won't even hardly drive anymore."

He said he disagrees with the decision to issue summonses in the accident.

"She's going through enough pain -- what is a ticket going to prove?" Hempstead Jr. said.

He said he believes the accident will "bother him for the rest of his life."

bdicosmo@semissourian.com

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I feel so sorry for the little girl and the family left behind to grieve. However, I also believe that what the mom told the police is the real story...that NONE of the kids were wearing their seatbelts...and now the husband is blaming that statement on stress. The hard truth is: the little girl would most likely still be alive IF she had been properly restrained. That is the sole responsibility of the MOM.

-- Posted by Bearcat72 on Tue, Mar 10, 2009, at 5:43 AM

I feel so sorry for the little girl and the family left behind to grieve. However, I also believe that what the mom told the police is the real story...that NONE of the kids were wearing their seatbelts...and now the husband is blaming that statement on stress. The hard truth is: the little girl would most likely still be alive IF she had been properly restrained. That is the sole responsibility of the MOM.

-- Posted by Bearcat72 on Tue, Mar 10, 2009, at 5:43 AM

I hope when this case comes before a judge that he has the good sense to realize the injustice of this and fines Mr. Swingle for harrassment.

-- Posted by Missourian on Tue, Mar 10, 2009, at 5:43 AM

What a jerk wad move by Morley Swingle.

-- Posted by John R Cash on Tue, Mar 10, 2009, at 7:14 AM

Here's a thought... The mom should have pulled over and fixed the problem while the vehicle was not moving. But most people are too busy to stop and fix any problem. That's why they are in this situation.

-- Posted by livesound1 on Tue, Mar 10, 2009, at 7:28 AM

I hope I'm picked for this jury.

I'm thinking this lady has paid for any wrong doing and will for the rest of her days.

-- Posted by jason37. on Tue, Mar 10, 2009, at 7:51 AM

The guy in the ****** says his vehicle was out of the road- but then why did he feel the need to direct traffic away from his vehicle if it was completely out of the road?!?. The roads were not cleared very well at all - there is no way with the snow build up that he could have been completely out of the way!

-- Posted by Skeptic1 on Tue, Mar 10, 2009, at 8:07 AM

I have a later model of that van and the sensor keeps telling me to buckle up and I am. They have replaced the sensor twice and it still goes off. I reported it to the NTHSA and still nothing. So, the black box may not be 100% correct. After all, has anyone on here ever had a problem with a computer.

Children unbuckle. Even sitting beside you, they can unbuckle and move in seconds. It would appear that several of you have never had an accident yourselves because you are too perfect to. If you had, you would realize that this accident happened in seconds, not minutes. But now it will take months for people to review those seconds. While doing that, the family has these images going through their minds.

Question: If the ****** was clear of the road according to ShellDog, then why would he be directing people around it.

Some need to read closer. The shoulders were snowbanked, so how was she to pull over safely?

-- Posted by Luck_Has_IT on Tue, Mar 10, 2009, at 8:09 AM

As a mom I know it is the parent's responsibility to make sure their children are safe and that includes seatbelts but this woman is being punished every day without tickets. She has to live with the fact everyday that her daughter did and she was driving the car. Does Mr Swindle really think giving a ticket is going to punish her more. Seems like a few years ago he tried to do the same thing to a teenager who was driving a car and had a wreck and killed her sister.

-- Posted by semoangel70 on Tue, Mar 10, 2009, at 8:16 AM

Why is the speed limit on a State Hwy that has limited access 45 mph and yet Kingshighway/61 has 55MPH in several parts and tons of driveways feeding into it. Hwy 74 by design is generally safer for higher speeds than a roadway with tons of feeders into it. They even built a walking bridge, and yet have crosswalks on Kingshighway.

-- Posted by Luck_Has_IT on Tue, Mar 10, 2009, at 8:16 AM

This is a terrible tragedy and I agree this mothers guilt surpasses anything anyone can say or do to her.

This could serve as a lesson to many of us, children under 12 belong in the backseat buckled. Start young so that seatbelts become just a routine not a big deal.

-- Posted by Turnip on Tue, Mar 10, 2009, at 9:39 AM

As a mother of 3 children, I have mixed feelings on this matter. I agree that this mother and family will likely suffer for the rest of their lives due to the tragedy. On the flip side of that, I also understand that Mr. Swingle has a job to do and the law is the law and she clearly violated it. At various times in my children's lives, they have removed their seatbelts in a matter of seconds and I have had to pull over and reprimand them and explain the very serious consequences. But I always do set an example by wearing my belt. Moving past that, she broke the law by allowing this 7 year child sit in the front seat. There is not a law on how old a child should be to sit in the front seat but it is recommended to be 12 years of age. Missouri law clearly states that this child should have been in a booster seat. Reports do not indicate that she was in a booster seat. It is very unfortunate. I have even been known to call the police station and report a license plate number when I see a car who is blatantly violating the car seat law because it scares me what would happen to the child due to the adult's lack of concern for that child. Hopefully, others will learn from the event and understand that the law and restrictions are there for a reason

-- Posted by havefaith1 on Tue, Mar 10, 2009, at 9:49 AM

The white suv (hmmer) was indeed partly on the highway before the impact. It was at least half on and half off. How do I know this? because I saw it before the impact! This was a terrible accident and a very young life was lost. Swingle's decision to charge this woman with traffic viloations is absolutely ridiculous as is his performance as County Prosecutor. He is a disgrace to this County. In NO way will anything be accomplished by bringing these charges. Shame on Swingle and shame on those who judge this young mother who I saw doing her very best to save her daughter on that wet road that afternoon. It is what it is folks and it was a accident. Too many variables occured in this instance to place blame anywhere. Swingle, I beg you to reconsider and do the RIGHT THING! DROP THESE RIDICULOUS CHARGES.

-- Posted by GREYWOLF on Tue, Mar 10, 2009, at 10:27 AM

I am praying for this family to have peace. This has got to be such a hard thing for someone to go through. I know it's the law to follow the speed limit and to put your seat belts on. It's also very easy for children to take off their seat belts. Who is to say that the mother wasn't looking for a place to pull over to tell the kids to put their seat belts on. You all need to stop saying how the law was broken and so on. How would you feel if it was your child. What if you were looking for a safe place to pull over to "correct" the mistake of a child taking their seatbelt off but then, out of no where, you have a wreck. How would you feel if people were saying these things about you then. People need to think of what they say before they say it because they never know when something like this may happen to you or to someone you know and love.

-- Posted by ec62957 on Tue, Mar 10, 2009, at 10:29 AM

I am praying for this family to have peace. This has got to be such a hard thing for someone to go through. I know it's the law to follow the speed limit and to put your seat belts on. It's also very easy for children to take off their seat belts. Who is to say that the mother wasn't looking for a place to pull over to tell the kids to put their seat belts on. You all need to stop saying how the law was broken and so on. How would you feel if it was your child. What if you were looking for a safe place to pull over to "correct" the mistake of a child taking their seatbelt off but then, out of no where, you have a wreck. How would you feel if people were saying these things about you then. People need to think of what they say before they say it because they never know when something like this may happen to you or to someone you know and love.

-- Posted by ec62957 on Tue, Mar 10, 2009, at 10:30 AM

I am praying for this family to have peace. This has got to be such a hard thing for someone to go through. I know it's the law to follow the speed limit and to put your seat belts on. It's also very easy for children to take off their seat belts. Who is to say that the mother wasn't looking for a place to pull over to tell the kids to put their seat belts on. You all need to stop saying how the law was broken and so on. How would you feel if it was your child. What if you were looking for a safe place to pull over to "correct" the mistake of a child taking their seatbelt off but then, out of no where, you have a wreck. How would you feel if people were saying these things about you then. People need to think of what they say before they say it because they never know when something like this may happen to you or to someone you know and love.

-- Posted by ec62957 on Tue, Mar 10, 2009, at 10:30 AM

She should pull over to fix the problem? or she broke the law? blah blah blah. How can you immediately pull over to fix the problem when there is four feet of ice on the shoulder? Give me a break. My family also totes our kids around all the time, and keeping them in seat belts all the time is impossible. Kids jump around, kids fight, yell, throw things and generally do what they are not supposed to do. It happens every day. The only difference is that some bonehead with "Tookie Williams" painted on the side of his truck and the picture of some gangster, isn't stopped in the roadway because he didn't have enough sense to put gas in his $50,000 SUV. Why isn't he written a citation for blocking the roadway? And to the poster talking about the seatbelt thing, Victoria had a bruise from her shoulder all the way across the front of her body in the exact shape of a shoulder harness. And to the posters saying about how she broke the law and should be punished....get a life, 'cause apparently you don't have a very good one now. Go join Morely Swingle, maybe he could use you for a volunteer watching for old people improperly crossing the street on their walkers.

-- Posted by curiousgeorge1 on Tue, Mar 10, 2009, at 10:46 AM

Amen ec62957!

I can only assume that Bearcat has never suffered the loss of a child, or maybe even had to meet the demands of being a parent.

-- Posted by CareBear 80 on Tue, Mar 10, 2009, at 11:22 AM

So I guess there are no roads off of Highway 74 that the mom could have turned on to? Or maybe the mom should have been paying attention to the road and let her kids handle things if she could not stop.

-- Posted by livesound1 on Tue, Mar 10, 2009, at 11:43 AM

Greywolf, I hardly ever agree with your comments and I have nothing against Swingle but this time I am totally in your corner. There should be no charges in this incident.

About 8 years ago there was a case in Iowa where a hospital administrator forgot her 7 month old infant, in the backseat of her minivan, on a hot July day in the parking garage while at work. She was charged with involuntary manslaughter. The trial was on Court TV and what you saw was a devastated mother testifying she didn't know how she could have forgotten her child. The judge found her not guilty. There was no malicious intent in that case and I do not feel that there was any in this case by the mother. I do not even feel she was negligent, I feel she made a mistake.

Morley Swingle, this was an accident. Yes, something bad happened because someone did not strictly follow the letter of the law. But every once in a while you have to step outside the box, have some humanity(and we are all humans who make mistakes)and not just do your job but choose to do something that is healing and not cause further anguish and harm. I, along with others on this site, make a plea that you withdraw those charges against that mother.

And to the family that lost their child, I am so sorry for your loss. I do not know how you are even managing to breathe through this. May God be with you and hold you up. There are many of us praying for you.

-- Posted by unsubscribe on Tue, Mar 10, 2009, at 11:51 AM

Livesound, NO there was NOT a street to turn onto.

This accident took place 300 yards past Minnesota ave.

There happens to be a concrete barrier between the east and west bound lanes and snow and ice were only removed off the road and NOT the shoulder as it should have been! I was there folks and most if not all of you were not. My heart aches for this young family and those of you who have convicted her already should be still !

-- Posted by GREYWOLF on Tue, Mar 10, 2009, at 12:00 PM

I’m sure you’ve heard the expression that 99% of lawyers give the rest of them a bad name? Way to be a part of the 99% there Morley! How did you get elected? Surely you’re not the best Cape has to offer. Please, somebody tell me we can do better.

-- Posted by DADES on Tue, Mar 10, 2009, at 12:32 PM

I feel very badly for this family, also, it is a tragedy that they lost their little girl. However, the fact remains that if the occupants of the vehicle were not wearing seatbelts, and if the driver was speeding, the law was broken. If it were the other way around, and their vehicle had struck and killed say a pedestrian, people would be howling for charges to be filed. The law is the law, and despite the fact the family is grieving, I believe this action had to be taken.

-- Posted by amielyn on Tue, Mar 10, 2009, at 12:58 PM

What?! Morley, no manslaughter? You must be getting soft. What would Kenny Holsolf do?

The speed limit is 45 so they can set up speed traps at Shawnee park. 45 mph does seem slow on this nice new roadway.

-- Posted by grandma73 on Tue, Mar 10, 2009, at 1:31 PM

Correct me if I am wrong but didn't a man pull a bb gun on some police, outside of a club a few months ago and get shot as a result. Did he get charged for anything or did Swingle say that he had learned his lesson? Hhhmmm.

-- Posted by ScrewMorley on Tue, Mar 10, 2009, at 2:38 PM

What in God's name is wrong with you people! Are you all so shallow that you can't understand that it was an ACCIDENT plain and simple?? No matter what the circumstances were leading to the event it's over and the life over a beautiful little girl was taken. Victoria is already receiveing a life sentence, without her only daughter! Why should she have to pay anymore? It wasn't very long ago Morley tried to prosucute another mother for the responsibility of her 16 year old daughters death that was a car accident as well. Guess what, he got so much flack from the people of Cape County that he finally ended up dropping the charges. The only thing this man is interested in is adding another chapter in his next book!!! Maybe the law enforcement in this town should spend more time chasing the real criminals and less time picking there nosies!!! What's really sad is if the Dacus' are not in the Good Ole' buddy system that Cape, Jackson, and Scott City seem to have then they will have to go outside the area to retain a lawyer, now how sad is that?? Give em a break people!!!!!

-- Posted by Cowboy_Retrievers on Tue, Mar 10, 2009, at 3:29 PM

Come on people what more can we expect from a “person” that would stand in front of a persons death and smile, just look at this photo:

http://www.capecounty.us/ProsecutingAtto...

Also, I believe, it would take a pretty crummy “person” to send a 15-17 year old to prison for 30 years for shooting someone he thought was giving his pregnant girl friend drugs and killing his baby. Yup, in my opinion, Morley Swingle embodies a creep and a crummy person.

-- Posted by kissrules2001us on Tue, Mar 10, 2009, at 4:00 PM

From reading the comments I guess some parents are perfect. You never speed, obey every law and always make sure every passenger is buckled up. Well I wish life was that simple. Thankfully I have never had an accident like this I can not imagine loosing one of my kids but yes I have been speeding with them in the car, I have run up the road to the school and they didn't buckle up and if anything happened I would live with it every day for the rest of my life I wouldn't need a prosecutor to give me a ticket and blame me and neither does this woman, she knows she lives the nightmare every day.

-- Posted by semoangel70 on Tue, Mar 10, 2009, at 4:19 PM

GREYWOLF.....If you were able to see the Hum-mer in the roadway and safely drive around it, why couldn't Victoria Dacus? I feel terrible for her, but this happened on her watch, because of her negligence.

-- Posted by runswithscissors on Tue, Mar 10, 2009, at 5:24 PM

I'm suprised Swingles's neck can hold his head up. He's worth;ess and always will be. He doesn't care about anybody but himself and his pride.

-- Posted by DJ07 on Tue, Mar 10, 2009, at 6:04 PM

So we all agree. We vote against Morley next time?

-- Posted by grandma73 on Tue, Mar 10, 2009, at 6:29 PM

Good old Morley...what can the city make off of this? 4 seatbelt tickets and a speeding ticket..$200 at the most.

As far as the build up of snow and ice on the side of the road..it was very high on 74 that day, but Main Street was clean as a whistle..all the parking you could use was snow and ice free that day.

Upholding of the law should be unprejudiced, rather you are married to the drunk or not!!!

Did Hempsted Jr. get a ticket for obstruction of traffic? Because that is a traffic offense in this town

-- Posted by my#1fan on Tue, Mar 10, 2009, at 6:40 PM

Olive, fyi I was NOT driving! I was in my back yard tossing a ball with my dog. Although I did not see

actual impact I did see the other vehicle and I saw

at least 2 occupants outside of the vehicle doing what looked like directing traffic. I ran from my position around 200 yards once I heard impact. I did not see the van from my yard. Once I arrived near the scene I saw Mother trying so hard to save her daughter. I stood there with a neighbor with tears rolling down my face. Thats all I will say about that. DROP THE CHARGES MORELY, THERE IS NO NEED TO FURTHER THIS FAMILIES GRIEF and there has been enough lesson learned

to justify that request. I know your reading these post so please do the right thing and proove to most us us you have some intestinal fortitude.

-- Posted by GREYWOLF on Tue, Mar 10, 2009, at 7:55 PM

Let me also add that the (hmmer) was all white in color with just a small dark trim around its bottom.

Most here know that, at that time of year, and that time of day the sun blinds you on a clear day as it sets in the western sky. With the snow and ice pushed up at least 2 feet high on the shoulder this vehicle was VERY hard to see. As I stood there watching the aftermath of the impact I pondered to myself that these conditions played a huge roll as well as distractions with children in what took place that day. We all know how children can cause a rukus in a car. Like I said before, there are too many variables involved in this tradgedy to place blame on any one person or circumstance.

-- Posted by GREYWOLF on Tue, Mar 10, 2009, at 8:05 PM

About 2 hours after I posted a comment below an 11 month old little boy was killed here in Pensacola in a car wreck. If you can believe it, he was NOT RESTRAINED and was ejected from the vehicle...another family is in the kind of pain that only those who have lost a child can understand. I just cannot get my arms around the fact that parents or older siblings fail to protect their little ones in vehicles. It has nothing to do with being "perfect"....only with taking care of those who trust you and depend on you. God be with them all.

-- Posted by Bearcat72 on Tue, Mar 10, 2009, at 8:28 PM

So what happens a while from now, when the details of this accident aren't quite as fresh in everyones mind as they are now, and some big city lawyer convinces this family to sue the state, or the county, or the city, or the vehicle maker, or all of them? Naturally, there would be a change of venue. A quick look at the incident report reveals no citations given to the driver and any speeding or seatbelt violations are nonexistent. And then we all get to pay. This isn't about a couple of hundred dollars in fines it's a CYA maneuver. It's about having some form of legal documentation if she was, indeed, violating the law when the accident occurred.

I have always held the belief that an accident investigation is not the time for bending the rules or for letting emotion or compassion keep the job from getting done thoroughly. During an accident investigation each and every violation needs to be countered with a citation. It should be the norm - it should be expected.

We are all hurting for this family. But we still have to protect ourselves from the money grubbers that would try to profit from their pain.

-- Posted by malan on Tue, Mar 10, 2009, at 8:41 PM

Greywolf is right- a white ****** on a sunny snow day would be impossible to see. The ****** HAD to be in the road otherwise the ****** owner would not have gotten out of the vehicle that day to direct traffic around his vehicle. I was driving around town that very same day and even William street/Kingshighway area was only snow plowed to 2 lanes open instead of 4 lanes. This is why I say there is NO WAY the road was cleared off enough for that ****** to be completely out of the driving lane. I wonder if the ****** owner is a friend of Morley's.

-- Posted by Skeptic1 on Tue, Mar 10, 2009, at 8:54 PM

I have grandchildren the age of the little girl. I always hope that my children set an example and wear their seatbelts and also buckle in my grandchildren. However, if this tragedy had happened to one of my children, I would hope that they would not have to be hit with tickets weeks after the fact. I suppose Swingle has no choice but to issue her the tickets under the law and he has made no other serious charges against her at this time. I don't understand why the issuance of traffic tickets would even make headlines. It is definitely not something the family of the little girl needed to have plastered across the newspaper. Nothing can bring her back. Should someone pay for what happened to her? I think they are paying and always will. God help them.

Please, may I say, parents always wear your seatbelt. Children learn by example and always buckle in your children. It hardly takes any kind of collision-even a 15mph one- to throw a little child into the dashboard and mess up their little face forever.

-- Posted by unsubscribe on Tue, Mar 10, 2009, at 8:56 PM

Why is that the article can type H--mmer but everytime I have H--ummer in my post it comes up as **** ?

-- Posted by Skeptic1 on Tue, Mar 10, 2009, at 8:56 PM

If Swingle could prosecute his grandmother, he would! And your right about him dropping charges against the boy that was shot by police in Cape because he thought he'd learned his lesson. If you're gonna treat one person like that, then you gotta treat them all like that!

-- Posted by My_2_Cents1 on Wed, Mar 11, 2009, at 12:29 AM

I have three kids of my own and I know I am not perfect but it has been impressed upon my kids from DAY 1 how important seatbelts are and what will happen if you don't wear them. My van does not MOVE without seatbelts buckled and believe it or not, my kids have NEVER even attempted to unbuckle. If you don't give kids a choice about seatbelts from the get go, they won't know there is a choice. Sadly, this beautiful girl died because her mother let her ride in the front seat (which isn't illegal so to speak but not having her properly restrained is illegal) At 7 years old she should have been in a booster seat. 8 and under in a booster, 4'9" in a booster, under 80 lbs in a booster. What do people not understand about car seat laws? I call the cops all the time when I see people letting their children ride illegally ESPECIALLY without a seatbelt at all....there is no excuse for that.

The mother will have to live with her mistakes for the rest of her life and I feel for her but that does not change the fact that it is her fault essentially and the law is NOT based on emotions but fact. Had that been just a friend's kid in the seat that was killed she would be charged and not much thought of it. The law is the law is the law.

-- Posted by hello_people on Wed, Mar 11, 2009, at 1:23 AM

*looks below*

Has H, E, L, L, frozen over? Can someone check and see?

It must have since Greywolf and I see eye to eye on this one.

Can someone post a paypal email address for this family, so we all can chip in on the $10 seatbelt ticket?

-- Posted by c'monnowppl on Wed, Mar 11, 2009, at 2:15 AM

Hellopeople, I wonder, do your kids ride a school bus?

If so, do they wear a seat belt? Probably not! Most don't have seat belts. Your argument does not hold water!

-- Posted by GREYWOLF on Wed, Mar 11, 2009, at 11:08 AM

Prosecutorial Discretion! It's clear that Morley has the ability to charge or not charge what he sees fit. And I disagree with Malan that not charging this will lead to lawsuits. Lawsuits can be filed regardless and her actions are contributing factors in any potential suit. Whether a ticket is prosecuted or simply issued and then dropped makes no difference in any civil actions.

In essence, we elected Morley and now he has the right to dispense justice as he sees fit. I just happen to disagree with his decision and believe he should use some compassion in disposing of this matter.

-- Posted by Green_Lantern on Wed, Mar 11, 2009, at 12:23 PM

Greywolf.....no my kids DON'T ride the school bus and that is one reason. My almost 9 year old isn't 4'9" yet so he still rides in a booster too. Is that popular, heck no. People don't want to take the time to be sure their kids are properly restrained most of the time and we see it all the time. Kids in vehicles bouncing around the back seats obviously without seatbelts on, heaven forbid in a car seat or booster. I was in a drive thru the other day and saw a lady tranfer her baby (probably under 6 months old) from the front seat to the back seat and just lay it down. Did I call the cops.....oh yeah I did. When people realize that their NEGLIGENCE could kill their child, it will be a great day! Not only is it safe to have kids restrained (and adults) IT IS THE LAW!!! She broke the law not only once by not having anyone restrained properly with seatbelts but she was speeding too in conditions that were not favorable. Why should she not get a ticket? I really do feel for her losing her baby girl but come on, had she been in the back in a booster or at LEAST in a seatbelt, this discussion would not even be happening!

-- Posted by hello_people on Wed, Mar 11, 2009, at 12:26 PM

Hello people, I have read your post and appreciate your opinion. It just so happens I disagree. Its obvious something like this could never happen to you and your loved ones!

-- Posted by GREYWOLF on Wed, Mar 11, 2009, at 12:59 PM

Unfortunately hindsight is 20/20; would've, should've, could've....

The law is the law...my ars...Posters pointed out specific cases that law was ignored by this same man...Morley, my ol' friend...I think u have served ur post well, u r not what Cape County needs anymore.

The weather conditions, the circumstances..theres too many variables...unfortunately we have become a society that lacks empathy until seen first hand.

Wolf I will say a prayer for u as well, my friend.

-- Posted by Turnip on Wed, Mar 11, 2009, at 3:08 PM

Turnip said, "The weather conditions, the circumstances..theres too many variables...unfortunately we have become a society that lacks empathy until seen first hand".

Turnip you are absolutely right, and thanks very much.

-- Posted by GREYWOLF on Wed, Mar 11, 2009, at 3:17 PM

Nobody is so good they NEVER made a mistake. We all make "mistakes" every day. Its just nothing ever comes from them, no one dies and maybe because of that we might be encouraged to repeat them. Most married folks with kids and jobs are going at ram speed just to keep their heads above water. I think of all those, today, who do not have their children belted in, how many will have a tragic accident? Probably none TODAY. It is not one action but many actions that come together to make a tragic accident happen. The snow. The road crew that only had one lane cleared. The stalled ******.The child who may have removed her belt and nowhere to pull over for Mom to fix it. The hurry the Mother may have been in to get where she was going. All things that happen to us every day, but when put together caused the death of an obviously dearly loved child.

-- Posted by ArcticFox on Wed, Mar 11, 2009, at 3:30 PM

"Turnip said, "The weather conditions, the circumstances..theres too many variables...unfortunately we have become a society that lacks empathy until seen first hand"."

Unfortunately we have become a society that likes to blame other people for our mistakes and go on with life. Maybe we can see the mom made a mistake of not paying attention to the road and causing an accident.

-- Posted by livesound1 on Wed, Mar 11, 2009, at 3:36 PM

I have known Mitch and Victoria for a long time and they are good people. They are like the rest of us who try real hard to provide the best for their family, and make the kids childhood memorable. They just lost a 7 year old child and are suffering more than I want to know as I too have a 7 year old daughter. How dare any of you people judge them in their time of loss. I know without a shadow of a doubt they are both harder on themselves right now than anyone can imagine. You don't think Victoria regrets everyday what happened, and Mitch is trying to be strong for his wife while dealing with his own loss. People are too quick to pass judgement because God forbid they do anything wrong...The next time you go to church, hopefully tonight for Lent services, pray for this family and others who have experienced loss, instead of thinking how this would never happen to you because you are to dang perfect. I've been a little upset before while reading post, but this makes me boil. Those of you with the plank in your eye, pull it out before helping me with the speck in someone elses.

-- Posted by Dr._Will_B._Inebreated on Wed, Mar 11, 2009, at 4:39 PM

Maybe this was the only way to get the insurance company to payout was for a citation to be issued. I've seen a story similar to this were a woman had to sue her daughter because one daughter was driving and the other daughter got killed in an accident. It was done in this case because the insurance company wouldn't pay otherwise. This may not be the case in this story though.

-- Posted by B1975 on Wed, Mar 11, 2009, at 8:26 PM

livesound1,

a society that likes to blame other people for our mistakes and go on with life. Maybe we can see the mom made a mistake of not paying attention to the road and causing an accident.

-- Posted by livesound1 on Wed, Mar 11, 2009, 2:36 pm CDT

As i posted earlier, there is no amt. of punishment any man could give that mother, or her siblings that they will/have not given themselves. She is not laying blame here; it is the posters that r blaming her, the city, mother nature apparently, a stalled car...think about the mother nature part of that.....this was a tragedy people, nothing more...nothing less.

-- Posted by Turnip on Wed, Mar 11, 2009, at 8:48 PM

I remember when the police where paid to help with compassion, especially in a case like this. Issuing a ticket(s) to this woman after having a child killed and knowing that she will suffer greatly in the years to come smells of a police system that knows not what the word compassion means and also shows their constant grab for money in any situation! There is a time when the laws should be overlooked or ignored!

-- Posted by JulPud on Mon, Apr 20, 2009, at 3:41 PM

Everyone on here agreeing with the mother getting a ticket...I assume NOTHING has ever happened to you. You've never ran up on a curb, you've never dinged a car door, you've never looked in the rear view mirror...which means you'd have to have taken your eyes off the road, answered your cell phone, put on make up while driving, take a drink of soda, checked your blind spot, on and on and on..... It only takes that split second. What are you going to tell those people who have been thrown from their vehicles, and told if they would have been buckled, they wouldn't have made it. Like my dad just told me last night, if the Good Lord wants you, you're not going to escape. No matter HOW MUCH you do the right thing.

-- Posted by no_one's_perfect on Wed, Jun 10, 2009, at 2:39 PM


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