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A Shocking Sentence

This is the kind of accident that can happen to anyone, particularly if the driver is inexperienced:

Thornton ... skidded past a stop sign on a poorly lit road and collided with an SUV ....

The two unbelted occupants of the SUV died. William Thornton, a 17 year old black resident of Sumter County, Florida, "had no drugs or alcohol in his system, and no criminal record." Without investigating the case, his lawyer advised Thornton to plead guilty to two counts of vehicular homicide.

A judge sentenced Thornton to 30 years in prison. That's right. Thirty years for the unintended consequences of careless driving. (more ....)

Thornton's fate was almost preordained by a system that treated him like a number. Prosecutors charged him as an adult with two counts of vehicular homicide and offered no plea deal. His public defender concluded, without investigating the case on his own, that Thornton would lose at trial and encouraged him to plead no contest and put his fate in the hands of Judge Ric Howard, who is known for handing down harsh punishments, especially to young offenders.

Thornton was in no position to know whether he could win a trial without an investigation of the facts. Jurors easily sympathize with drivers who are careless but who intend no harm. Most jurors recall a stop sign or red light that they've missed. Without reconstructing the accident, using an engineer to calculate a range of speeds at which the cars may have been moving, the possible locations of the impact, and other details of the collision, it's impossible to evaluate the risks and benefits of a trial. It isn't enough to rely on the prosecutor's version of the accident: the government's "expert" is often a traffic cop who went through a two week training program.

As the linked editorial opines, Thornton's 30 year sentence lacks "a sense of proportion and justice." Fortunately, new counsel have entered the case on Thornton's behalf. They'll be asking to vacate Thornton's guilty plea so that Thornton will have the chance to make an intelligent decision about whether to have a trial. For Thornton's sake, let's hope the court grants that motion.

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  • Display: Sort:
    I think it would be justice to incarcerate (5.00 / 1) (#1)
    by PssttCmere08 on Sun Jun 08, 2008 at 03:42:04 PM EST
    the judge, the defense attorney and the prosecutor for not carrying out their duties.  This is wrong on every level...

    No Kidding (none / 0) (#5)
    by talex on Sun Jun 08, 2008 at 03:59:02 PM EST
    Especially the defense attorney. Vehicular homicide?

    Sounds like he wouldn't have got worse than that even with a Public Defender in court with him. Manslaughter would have been a more approbate plea, at best.

    Parent

    Not an attorney, but I think manslaughter (none / 0) (#12)
    by PssttCmere08 on Sun Jun 08, 2008 at 04:30:10 PM EST
    would even be too severe.  There are accidents everyday where people are killed and the one at fault isn't tried for murder.  This is overkill, so to speak.  

    Parent
    "even with a Public Defender"? (none / 0) (#26)
    by txpublicdefender on Mon Jun 09, 2008 at 12:28:57 PM EST
    I take offense to your comment that "he wouldn't have gotten worse even with a Public Defender in court with him."  I am a public defender and I would never advise someone to plead guilty under these circumstances, certainly without having done an investigation.  

    The defense lawyer, prosecutor, and judge all deserve harsh criticism here, but there's no need to throw all public defenders under the bus at the same time.

    Parent

    agreed (none / 0) (#7)
    by bjorn on Sun Jun 08, 2008 at 04:14:39 PM EST
    I came for the horse race (5.00 / 0) (#9)
    by lepidus on Sun Jun 08, 2008 at 04:16:58 PM EST
    but I'm sticking around for posts like this.

    I will pray for (5.00 / 0) (#16)
    by sleepingdogs on Sun Jun 08, 2008 at 05:20:52 PM EST
    his new counsel.  This is horrifying!

    Unequal justice (none / 0) (#2)
    by sher on Sun Jun 08, 2008 at 03:53:16 PM EST
    Not a surprise.  Thornton's lucky that his situation has apparently received public attention; hopefully he will have an opportunity to have his day in court.

    What possible reason would support the (none / 0) (#3)
    by oculus on Sun Jun 08, 2008 at 03:57:32 PM EST
    public defender advising this young man to plead guilty in the face of no plea bargain?  Nothing to lose by going to trial.

    BTW:  why didn't defendant have a valid driver license?  

    Actually... (none / 0) (#17)
    by Alec82 on Sun Jun 08, 2008 at 05:21:31 PM EST
    ...in reality the sentence can sometimes be worse than if you just enter a plea of guilty.  Depends on the jurisdiction, judge, etc.

    Parent
    This is murder (none / 0) (#4)
    by StevenT on Sun Jun 08, 2008 at 03:58:33 PM EST
    The purpose of the rule of law is to prevent things from happening rather than for offenders to repent. If he drives slow enough, his car wouldn't have skidded. It's 2 lives that he killed and he should be made an example. If he's not speeding then i would hope the judge grant him that motion. Else i have no pity for him. Since this is his first offense, i would prefer that he be punished with years of community service as to shorten his prison term rather than a full 30 year imprisonment.

    Oh BS (5.00 / 3) (#6)
    by talex on Sun Jun 08, 2008 at 04:03:27 PM EST
    You were not even there. You declare someone guilty without any proper information or evidence.

    Hopefully you never serve on a jury.

    Parent

    geez...no kidding (5.00 / 1) (#11)
    by PssttCmere08 on Sun Jun 08, 2008 at 04:26:32 PM EST
    Doesn't "homicide" require intent? (5.00 / 1) (#13)
    by Fabian on Sun Jun 08, 2008 at 04:33:23 PM EST
    IANAL - but I thought homicide = intent, manslaughter = no intent.

    I remember a prominent right winger (2006?, 2007?) in CA causing the death of multiple people when his vehicle went left of center and struck a car full of people who were also not wearing seat belts.  Most were killed.  I do not recall what he was charged with but somehow I doubt it was vehicular homicide.  (Possible DUI)

    Parent

    I believe the singer, Brandy, (none / 0) (#14)
    by Grace on Sun Jun 08, 2008 at 04:42:11 PM EST
    was charged with vehicular homicide for the woman that died in the auto accident she was in.  

    Unfortunately, I don't remember the details of the case.  

    Parent

    Brandy was not charged with murder or (none / 0) (#15)
    by PssttCmere08 on Sun Jun 08, 2008 at 05:00:36 PM EST
    vehicular manslaughter...Sher posted it best earlier...unequal justice, which I believe applies.  This is not to say I think Brandy should have been charged...but she probably also had the advantage of a good attorney.

    Parent
    I have to agree with TChris that jurors would be (none / 0) (#8)
    by TomLincoln on Sun Jun 08, 2008 at 04:16:52 PM EST
    likely to remember close calls they've had with accidents that could have turned into disasters. I think this sort of thing can happen even to the best and most careful of drivers. It is part of the risks "on the road." A terrrible result all around: 2 lives lost, and now one young man receiving a highly excessive sentence. I truly hope his new lawyers will be able to get this turned around.

    Parent
    I don't know, but looks like there was a (none / 0) (#10)
    by PssttCmere08 on Sun Jun 08, 2008 at 04:25:50 PM EST
    case of contributary negligence, as the two in the SUV were not wearing their seatbelts...assuming that is the law in that area....just saying

    Parent
    Un-frickin'-believable.... (none / 0) (#19)
    by kdog on Sun Jun 08, 2008 at 06:52:14 PM EST
    Yeah...throwing this kid's life down the tubes of justice will surely prevent anyone from ever running a stop sign again.  Not.

    All I see being accomplished is 3 lives destroyed instead of 2.  It literally makes no sense.

    Parent

    Humm... (none / 0) (#20)
    by standingup on Sun Jun 08, 2008 at 09:24:47 PM EST
    skidded past a stop sign on a poorly lit road

    I don't suppose he could have been driving within the speed limit when he failed to see the stop sign on the "poorly lit road," hit his breaks too hard causing him to go into a skid and collide with the other vehicle.  

    I don't know enough of the facts to make any reasonable determination of what happened in the accident.  If you do, than perhaps you could share them with us so we can understand you how came to the statement "If he drives slow enough, his car wouldn't have skidded."  

    Parent

    Call your (none / 0) (#24)
    by eric on Mon Jun 09, 2008 at 09:46:18 AM EST
    law school and demand a refund.

    Murder?  No, murder requires the that one have the requisite mens rea.  What's that?  It means that one must have killed someone with malice aforethought.  Essentially, you need to intend to kill someone for it to be murder.  (Extreme wanton behavior may also qualify.)

    If anything, this case is negligent (vehicular)homicide, although that isn't even clear.  In my courtroom, it's careless driving.

    Parent

    i don't believe contributory (none / 0) (#18)
    by cpinva on Sun Jun 08, 2008 at 06:43:58 PM EST
    negligence applies in criminal cases, only civil.

    i think i see where the prosecution is coming from though. not saying i agree, i just see their logic.

    defendant had no valid driver's license. by driving, he was already knowingly committing a crime. the end result of that crime was that two people died, who might not have, had defendant obeyed the law to begin with.

    while he clearly had no intent to harm anyone, his knowing violation of the law raises the level of any subsequent acts. hence, vehicular homocide rather than manslaughter.

    as far as the public defender is concerned, everyone seems to assume he/she had the resources available to do all those lovely things. my guess is they weren't.

    DWOL is not a predicate crime for manslaughter (none / 0) (#27)
    by txpublicdefender on Mon Jun 09, 2008 at 12:34:25 PM EST
    You can't convict someone of felony vehicular homicide merely because he was driving without a license.  He still has to have committed an act that constitutes at least criminal negligence.  I'm not sure if this state requires only criminal negligence or recklessness.  Some states frame it as committing an act clearly dangerous to human life.  Either way, the driving without a license doesn't get you there.  

    Parent
    Was the the PD was ineffective? (none / 0) (#21)
    by ding7777 on Sun Jun 08, 2008 at 09:25:22 PM EST
    The public defender told Thornton that the judge would consider mitigating factors and sentence him according to the recommendations of the Department of Juvenile Justice and the Department of Corrections.

    The state Department of Corrections, after investigating the case, recommended that Thornton be sentenced to two years of community control followed by two years of probation.

    The Department of Juvenile Justice recommended two years in a juvenile detention facility

    Could the PD enter the recommendations even when the prosecutor failed to?

    so it's the judge's fault (none / 0) (#22)
    by diogenes on Sun Jun 08, 2008 at 09:59:54 PM EST
    He pled guilty, the presentence investigation recommended a fairly short sentence, and the judge ignored it.  The problem is with the judge and no one else, unless the defense lawyer could have reasonably known that the judge would have ignored sentencing recommendations in which case a jury trial would have been better.
    The prosecutor accepted a plea for which the PSI recommended a two year sentence.  The prosecutors did a fine job.

    In South Dakota (none / 0) (#23)
    by eric on Mon Jun 09, 2008 at 09:35:46 AM EST
    Rep. Bill Janklow got 100 days for running a stop sign and killing a motorcyclist.

    LINK

    And in that case, he willfully ignored the stop sign.

    wow (none / 0) (#28)
    by txpublicdefender on Mon Jun 09, 2008 at 12:37:08 PM EST
    So, the victim driver was drunk and high on cocaine?  Why the hell would the prosecutor charge this kid in the first place?  Why would he charge him in adult court?  Does anyone know the state law here--did it require charging in adult court, or could he have been charged as a juvenile?

    Well, let's see. (none / 0) (#29)
    by sarcastic unnamed one on Mon Jun 09, 2008 at 01:25:29 PM EST
    Why the hell would the prosecutor charge this kid in the first place?  
    Dude flies through a stop sign at and kills two other kids. Need any more info?

    The intersection was with State Road 44 in Lacanto, Fl.

    State Road 44 in Lecanto, FL, is THE main road in the entire county, also known as Lake to Gulf Highway. iow, it's the main thoroughfare for anyone who lives anywhere near it.

    He failed to stop at a stop sign when entering the highway he's spent his whole life wither driving on or being driven around on.

    And he was on his way back home from his girlfriend's house, you know, the type of location he likely had been to before. Likely multiple times. Likely he had been through this exact intersection multiple times before.

    We all do stupid things when driving as kids and most of us still do stupid things on occasion while driving as adults.

    Luckily for most of us the stupid things we've done did not kill anyone else. There, but for the grace of god, goes I.

    From what we know - which is dam little - he definitely got a raw deal. 30 years is insane. Hopefully the new law firm will be able to make it right.

    Parent