Question Details

Will driver of the Cavalier face criminal neglect homicide charges?

Credit: WFAA

Will driver of the Cavalier face criminal neglect homicide charges?

Asked by: Super UserKentoine Johnson in General » Other
Settled on 12/09/2012 02:12 Settled by Super UserKentoine Johnson
Winning option:No/no news by settlement date no new news

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Background

DALLAS — Two young girls died in a crash after the car they were riding inside ran out of gas and was hit by another vehicle as it was parked in the far right exit lane of Interstate 35E at Ann Arbor Avenue Tuesday night in Dallas.
Nebriyah Bates, one, and Tey-onna Burnley, 4, died from injuries sustained in the crash.
Police said six ambulances were called to the scene, and seven people were transported to three local hospitals. One of the young children was pronounced dead at the scene, and the other was pronounced dead at a hospital. Three women and two other young girls remain hospitalized.
Police spokesman Warren Mitchell said the accident happened shortly after 9 p.m. when a southbound Lincoln Town Car hit the back of a small Chevrolet Cavalier, carrying the three adults and four children. Witnesses told authorities that the Chevy appeared to be parked in the far right exit lane and did not appear to have its emergency lights on, Mitchell said.
Authorities said the mother driving the Cavalier pulled over when it ran out of gas. She then called a family member for help.
The driver and a passenger in the Town Car were treated for minor injuries at the scene.
Mitchell said that speed and alcohol did not appear to have been factors in the accident.
Traffic investigators said the children inside the Chevy were not in car seats and not everyone could have been wearing a seatbelt since the vehicle only has five seatbelts, two in the front and three in the back.
The driver of the Cavalier could face criminal neglect homicide charges pending a grand jury decision.
The southbound lanes of I-35E were closed just north of Ledbetter Drive; southbound traffic was diverted to Highway 67 while the accident scene was investigated and so the wreckage could be cleared.
http://www.khou.com/home/Car-involved-in-I-35E-crash-that-killed-two-children-ran-out-of-gas--147944515.html

Find similar: Nebriyah Bates

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   Super UserBuckeyeTom

I would say NO in this case because the law stipulates the tern "Operates." This vehicle was not being Operated because it was out of gas. A Texas law sub section is given below:

TRC § 545.412. CHILD PASSENGER SAFETY SEATSYSTEMS; OFFENSE. (a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight [five] years of age, unless the child is taller than four feet, nine inches [and less than 36 inches in height], and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.

What if the children were being unbuckled in order to move them to a safer spot off the roadway? Would that be neglect? NO. Was the car being operated? NO. Was running out of gas on the highway constituting an Emergency? YES, so in an emergency you do not have to wear a restraint.

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