Hi guys & gals, I just found this forum after doing a search for Kenneth Gately. He is the young man involved in this collision. The man killed was my fiance. Kenneth goes to trial tomorrow and is pleading not guilty to this charge.
To clarify a few details :
Massachusetts General Law chapter 90 § 24G:
Felony Motor Vehicle Homicide:
(1) Operation of
(2) a motor vehicle
(3) upon a public way or place to which the public has a right of access or access as invitees or licensees
(4) (a) while under the influence of intoxicating liquor or other specified drugs; and
(b) recklessly or negligently so that the lives or safety of the public might be endangered, and
(5) thereby causing the death of another person.
Misdemeanor Motor Vehicle Homicide:
(1) Operation of
(2) a motor vehicle
(3) upon a public way or place to which the public has a right of access or access as invitees or licensees
(4) (a) while under the influence of intoxicating liquor or specified drugs; or
(b) recklessly or negligently so that the lives or safety of the public might be endangered, and
(5) thereby causing the death of another person.

Evidently Kenneth was not under the influence of a drug or alcohol. Therefore he is charged with misdemeanor vehicular homicide.

I'm having a problem with him pleading not guilty...Roger is dead. That should prove Kenneths guilt.

 

It's a rare that anyone serves more than a few years in this state even when convicted being under the influance. We have over paid state legistators who don't get it.

 

bfd

 

Most people when they make a serious mistake do the best they can to receive the least punishment possible. This is no different. Look how well O.J. Simpson did !!

 

In Italy the suckers didn't even convict ********* that ran away after the crash!
Now fleeing is a felony.
A tur that killed 4 young boys while driving stone drunk has been charged with manslaughter and sentenced to home detention (don't know the english term for when you are confined to your house, sorry) only, him not having a house on account of being a gipsy (nomad) he's been sentenced to stay in a seaside resort... [:-][:'(][:@]
No comment...
Killing somebody while driving under the influence should be deemed homicide, not manslaughter!

 

I am sorry for your loss. Unfortunately we seem to live in a world that worries more about the criminal than for his victim.
Not only he killed a man, but by pleading not guilty he's insulting everybody. Hope he gets what he deserves.

 

That kid should spend a couple years in jail. Yes we are all entitled to make mistakes but when it affects another person and results in a death that is a mistake that should cost a lot. Jail should be mandatory and he should pay the family of the dead biker for the rest of his life.

 

I am very very sorry for your loss.

 

I'm not sure jail is necessarily a good idea.
Usually it just manages to take a youngster who made a really bad call and turn him into a full fledged criminal.
Second, to become a better person one has to feel he's payed his debt, and a couple of years in the slammer usually just convince someone that killing somebody is not that awful thing, after all.
Moreover, I don't believe that idling at the expense of taxpayers has anything to do with punishment.
I think the little turd should be sentenced to some HEAVY work useful to the society, or some really "educative" task: helping out volunteers who assist road victims or, even more, people with terminal cancer may be a really educative experience for a young dork who thinks he's above the need to care about other people as far as running them over with his truck.[>:]

 

Obviously it's not the same as murder but it is manslaugter. It's an accidental killing of another human beingthat needs societal sanctions. Here in NJ justspeeding, running a red light or general careless driving which results in a fatality will in all likelihood only result in a traffic ticket. There must be a showing of reckless or drunken driving. In most of the death by auto cases the sentence is 5 years or under. But it is considered a felony and you do go to State Prison.