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Status:
"I don't understand. But I don't care, so it works out."
(set 5 days ago)
35,620 posts, read 17,948,343 times
Reputation: 50641
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Quote:
Originally Posted by JerseyGirl415
On the inconsistency thing, something that has always bothered me when a case like this comes along is how some people are charged in these situations, and others are not. If people can be charged with negligent homicide, or whatever, they either all should be or shouldn’t be. As close to uniform and fair as possible. Last summer Bode Miller’s toddler drowned in a pool. Tragic like this situation, and like this situation, family was in charge of her. Lost sight of her where a pool was nearby, didn’t realize a door had been left open so she could sneak out, but no one was charged. Granger Smith’s toddler died this summer in similar circumstances, yet no one was charged. Hot car deaths are also inconsistent - sometimes people are charged, sometimes they’re not. Of course jurisdictions differ in their laws and prosecutorial discretion, but I would like to see more uniformity because I think outcomes can be unnecessarily unfair. I’d argue that the Millers or Smiths were as negligent as this guy, really, but here only this guy is charged. I have to say, I do find that a problem. I would like to see more uniformity in charging decisions nationwide in tragic cases like these. Maybe people could argue that each case has its own little differences and maybe the negligence was more extreme here. Railing, 11 stories high. But either way - negligence, dead kid, inconsistent outcomes.
There is a lot of unfairness generally in our system, though, and discrepancies. It’s just a shame especially when it comes to situations like these - you may be charged or not for the same incident in different states, depending perhaps only on the mood of a prosecutor that day.
I think some of it has to do with pressure on the prosecution.
I've noticed recently - 3 child drownings, and one hot car death - the child is never named. Parents decline to be identified to the media, and so there is no outpouring of demands to prosecute. There's simply no way to get media coverage, and thus, community outrage going.
You can sometimes figure out the name by noodling around under news websites before the comments are deleted, but even then, there is never a published obituary.
Hush hush, and charges will be less likely. In my observation.
Looking at the windows in this video, I think it’d be easy to mistake an open window for closed. Especially with old eyes, possibly cataracts, etc. The attorney likened it to accidentally walking into a sliding glass door that you think it’s open but it’s not.
I too find it much more believable that the grandfather actually thought it was closed than that he put her there knowing it was open.
Opened or closed, who does this with a toddler 11 stories up, or even 2 stories up?
Quote:
Originally Posted by ocnjgirl
Yes my eyes started going downhill at 40.
This isn't about you. You can't just admit you heard grandpa and assumed someone much older than this guy actually was.
He is 50, not 75.
Quote:
Originally Posted by BirdieBelle
The law as applied here is the definition of justice.
This is a tragedy all around, but failing to exercise due care resulting in death is a punishable offense whether or not you are related to the victim. Just because YOU don't understand it doesn't mean it shouldn't apply.
Exactly, I love these people who think an accident means you get off scot-free. People who drive reckless or drunk don't intend to injure or kill anyone, but they do. It wasn't intentional it was accidental. I guess they should get a pass as well.
I think some of it has to do with pressure on the prosecution.
I've noticed recently - 3 child drownings, and one hot car death - the child is never named. Parents decline to be identified to the media, and so there is no outpouring of demands to prosecute. There's simply no way to get media coverage, and thus, community outrage going.
You can sometimes figure out the name by noodling around under news websites before the comments are deleted, but even then, there is never a published obituary.
Hush hush, and charges will be less likely. In my observation.
You have an interesting observation that I can see affecting the case. When it gets the press prosecutors hear a lot of loud voices and could sway whether charges are pressed or not.
Exactly. How about they stop their suit against the cruise line for Grandpas negligence and then no charges against him. He alone is responsible for this tragedy, not the cruise line. Grandpa and the parents cannot accept this fact as too painful so they must blame the cruise line.
Well they're beyond grief stricken. It's probably the only way they can currently process this tragedy.
This couple may end up divorcing, many times when a child dies the parents just can't bear it, and split up.
Add in that the grandfather did this, I don't see how you can past this.
It always struck me that he chose the one and, it appears, only window that was open. I think he went to that window specifically so he could let her look out.
He was less than an arms length away from the window, facing it, moving a toddler toward it. How in the world did he not notice something was amiss? That's simply impossible unless he was impaired in some way.
Regardless of what happens I hope grandpa learned his lesson to be more aware of the consequences of his actions.
I think some of it has to do with pressure on the prosecution.
I've noticed recently - 3 child drownings, and one hot car death - the child is never named. Parents decline to be identified to the media, and so there is no outpouring of demands to prosecute. There's simply no way to get media coverage, and thus, community outrage going.
You can sometimes figure out the name by noodling around under news websites before the comments are deleted, but even then, there is never a published obituary.
Hush hush, and charges will be less likely. In my observation.
It always struck me that he chose the one and, it appears, only window that was open. I think he went to that window specifically so he could let her look out.
He was less than an arms length away from the window, facing it, moving a toddler toward it. How in the world did he not notice something was amiss? That's simply impossible unless he was impaired in some way.
Regardless of what happens I hope grandpa learned his lesson to be more aware of the consequences of his actions.
I've thought the same. Letting her "bang on the glass," but happened to pick the one window that was actually open? Yes, we know he says that he didn't know it was open - but that's just what he says. No one but him really knows if it is true, and it's hard to prove someone's subjective intent like this. Either way, he made a stupid decision/mistake but I've also wondered if the truth is he just wanted her to look out or something. This was discussed earlier in the thread - people were saying that she can't really comprehend the beauty of what she's looking at, but that doesn't stop people from showing babies pretty things/views anyway, so it wouldn't surprise me.
I think he probably did learn his lesson. Honestly I feel really bad for the guy. I can picture it being something that happened quickly, something that he didn't think would happen. But what he did was just so stupid; at the same time, I really can't understand why someone would risk placing a baby on a railing that high up like that.
Looking at the windows in this video, I think it’d be easy to mistake an open window for closed. Especially with old eyes, possibly cataracts, etc. The attorney likened it to accidentally walking into a sliding glass door that you think it’s open but it’s not.
I too find it much more believable that the grandfather actually thought it was closed than that he put her there knowing it was open.
and
Quote:
ocnjgirl: I would think it would depend on the time of day and angle of the sun whether you could tell or not. And remember he was an older person with old eyes.
Status:
"I don't understand. But I don't care, so it works out."
(set 5 days ago)
35,620 posts, read 17,948,343 times
Reputation: 50641
Quote:
Originally Posted by JerseyGirl415
I've thought the same. Letting her "bang on the glass," but happened to pick the one window that was actually open? Yes, we know he says that he didn't know it was open - but that's just what he says. No one but him really knows if it is true, and it's hard to prove someone's subjective intent like this. Either way, he made a stupid decision/mistake but I've also wondered if the truth is he just wanted her to look out or something. This was discussed earlier in the thread - people were saying that she can't really comprehend the beauty of what she's looking at, but that doesn't stop people from showing babies pretty things/views anyway, so it wouldn't surprise me.
I think he probably did learn his lesson. Honestly I feel really bad for the guy. I can picture it being something that happened quickly, something that he didn't think would happen. But what he did was just so stupid; at the same time, I really can't understand why someone would risk placing a baby on a railing that high up like that.
If there was literally only ONE window open, that does make me wonder about their statement that windows being open was essential for ventilation.
If this does go to civil court, it will be an interesting case to follow.
It always struck me that he chose the one and, it appears, only window that was open. I think he went to that window specifically so he could let her look out.
He was less than an arms length away from the window, facing it, moving a toddler toward it. How in the world did he not notice something was amiss? That's simply impossible unless he was impaired in some way.
Regardless of what happens I hope grandpa learned his lesson to be more aware of the consequences of his actions.
You don't learn a lesson from something like this, it's not like running up a credit card bill you know you can't really pay or getting a DUI.
He's done, his life nor the life of his wife, his daughter, SIL, and other grandchildren will ever be the same.
But especially for him, he may not be around to much longer, the stress and guilt alone may cause him to become very ill and pass.
You don't learn a lesson from this one. There are no "do overs".
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