Driver of car that struck, killed motorcyclist gets two years' probation over objection of victim's family
Dean DeVitis loved the feel and freedom of being on the roadway.
Even though he spent a decade hauling vehicles and materials at night for Chrysler, the Westland father of three always looked forward to the scenic drives he would take on his ultra-classic Harley Davidson motorcycle once the Michigan winter ceased. And he took every precaution, said Christine DeVitis, his wife of 24 years who often joined him on long treks through Wayne and Washtenaw counties.
![DeVitispic[1].jpg](http://www.annarbor.com/assets_c/2011/04/DeVitispic[1]-thumb-175x297-75694.jpg)
Dean DeVitis in January 2010
“Being on bikes as long as we had, we always knew to watch out for the other guy in order to stay safe, but you can only do so much,” she said Monday.
The ‘other guy’ on June 24, 2010, was Ypsilanti Township resident Michelle Booth, who was northbound on Rawsonville Road when DeVitis, 51, approached the intersection with old Michigan Avenue about 8:15 p.m.
Police reports indicate DeVitis was westbound on Michigan Avenue when his motorcycle struck Booth’s 2001 Chevrolet, which turned into his path after Booth failed to yield. DeVitis' motorcycle burst into flames and trapped him underneath as it skidded down the road. Two witnesses helped pull him from the wreckage as firefighters were called, but DeVitis was pronounced dead at the scene. Booth, 49, was taken to the hospital with non-life threatening injuries.
She told investigators she never saw him and reiterated that Monday as Washtenaw Circuit Judge Melinda Morris sentenced her to two years of probation, court officials said.
Booth, who pleaded no contest to negligent homicide earlier this year, also lost her driver’s license for 12 months and will be required to pay restitution.
Michelle Booth
“She’s getting a slap on the wrist and I was just heartbroken to see it,” DeVitis’ widow said after the hearing. “We lost someone very important to us and for her to not be held accountable for it is just unbelievable.”
Prior to Monday’s hearing, DeVitis said she never got to address the court or object to the plea agreement, which she said fails to send a necessary message to motorists. Shortly after her husband’s funeral, DeVitis said she began distributing bumper stickers that state “Check twice, save a life.”
“We know she didn’t set out to kill someone that day. But I think something more needed to be done just to show that you can’t run stop signs, kill someone, and get away with it,” she said.
Mike Vincent, Booth’s attorney, said he read many of the letters and reiterated Monday that his client was remorseful, court officials said. He noted that she shed many tears over the incident, which he said will affect her throughout her life. Vincent did not return a message left Monday.
A civil suit is pending. Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
Roadman
Thu, Apr 21, 2011 : 10:12 p.m.
"A civil suit is pending." I would appreciate annarbor.com keeping us abreast of the development of that civil action.
Bill
Wed, Apr 20, 2011 : 4:59 p.m.
My comment was remove last year when this happened because I was angry and cursed. I calmed down, and reposted and many of you read it. I'm angry again. Not because of her sentencing. Because of these comments. I've been riding for 40 years, and had many close calls, always the other driver. Last year I was hit. Young girl texting on her phone came into my lane. Only my defensive skills saved my life. It was almost headon, but I tried to get off the road, and she ran up over the side of my bike and my leg. $8000 damage to the bike, but I can walk and still have my leg. But It's all ok, because "she didn't see me". That seems to cover it all. You numbnuts want to blame the bikers. I was wearing a "dot" approved helment and all the protective gear, I have loud pipes, lights, lots of chrome...everything I can think of to protect me. And you still want to blame us for riding bikes! I'll tell you what the problem is. Everyone seems to be in a hurry to get where they're going. You see it everyday. People will cut you off, speed, roll thru stop, and yield signs. People! Pause at signs, look twice! I'm mad at her, but her life is a living hell now. The only good she could do now is to speak at driver's ed classes about the need to stop, pause, and look twice. She did none of the above. My answer to that "I didn't see him" is "you didn't even look"! I'm sure he was hidden behind the "A" piller of the windshield, but if you pause a sec, you'll see them. Many of you have furry things hanging form your rearview mirrors....opps I just killed a guy because "I didn't see him behind my spongebob thingy." Oh? You didn't see him? then it's ok...his fault for riding a bike? Was he wearing the right gear? Give us a break! Take your time, and look!
Christine DeVitis
Fri, Apr 22, 2011 : 5:52 a.m.
Check twice...save a life. Motorcycles are everywhere! Those comments suck just as much as the sentencing and leniency that JM had for MB. I hope I never have to deal with Washtenaw courts again in my life. (except for the civil suit of course). Everyone is entitled to their opinion but you would think some compassion and silent thought would be exercised toward Deans family and friends because of their loss. Is sickening to say the least!
Matt Cooper
Thu, Apr 21, 2011 : 1:13 a.m.
Well, it's apparant that nothing I or anyone else can say will make a bit of difference to you. But the bottom line fact is that you weren't there, so you can't say either way how many times she looked, what she saw or did not see, or what she was doing inside the vehicle. Anything beyond being there is speculation and conjecture, which is not permissible in a court of law. And since public court of opinion means nothing, we are left to accept her version of it, for we have no reason to believe, and no proof to back up, that she was lying (if that's what you're implying).
stank
Wed, Apr 20, 2011 : 10:47 p.m.
You're right, no one was in the car with her. However, she did state herself that she looked twice - not once, but twice. You missed him and the bike twice? Not that one believes she looked twice or once for that matter. Come on.
Matt Cooper
Wed, Apr 20, 2011 : 10:07 p.m.
LOL To correct my own correction, I accidentally put in the wrong name. Sorry.
Matt Cooper
Wed, Apr 20, 2011 : 9:33 p.m.
OOps, I meant Booth. Sorry.
Matt Cooper
Wed, Apr 20, 2011 : 9:32 p.m.
Wow! You said "numbnuts" and your post didn't get pulled. I am impressed. As for the rest, I agree, but one point I need to make is that unless you were actually in the car and looking through Moore's eyes, you have no idea what she was doing, or what she did or did not see. Accidents happen every day involving a multitude of different vehicles. Not all are the fault of car drivers, and not all are the fault of motorcyclists. It is a tragic thing when someone dies in this fashion, but let's not hang Moore because of an accident.
Advo
Wed, Apr 20, 2011 : 2:35 p.m.
fjord, has it right. Melinda Morris should not sit on the bench. She is totally out of touch with the value of the life of a human. She should not be in a position to judge wrongdoers. The people of Washtenaw County deserve better the effected families deserve better.
Roadman
Wed, Apr 20, 2011 : 9:26 p.m.
@Mr. Stank: I personally know a judge in Wayne County who regularly doled out 90 days of county jail time in negligent homicide cases. He indicated that he believed jail time alleviated the guilt persons felt when an accidental death was caused by thir negligence. He gave out such sentences even when alcohol was not a factor. A vehicle can be a lethal weapon, just like a firearm. I do not doubt Ms. Booth has remorse, but Melinda Morris should have imposed jail time on Booth as justice not only for Booth, but for the victim's relatives as well.
stank
Wed, Apr 20, 2011 : 6:45 p.m.
In other parts of the state, jail sentences have been handed out for negligent homicide cases depending of course on the circumstances of the cases, and, in some of those cases, neither alcohol or drugs were a factor.
Roadman
Wed, Apr 20, 2011 : 4:50 p.m.
I feel sorry for the De Vitis family and his friends who not only had to endure the accident tragedy but the later criminal justice system which was a joke. It's another Tammany Hall. Brian Mackie a few months ago said his impetus to become a prosecutor came from seeing how homicide prosecutions in Wayne County he defended as counsel were deficient and he wanted to see true justice imposed on wrongdoers. This case shows that a well-coonected defense counsel in Washtenaw County can do "magic". I know that posts I have made on this subject may cause other criminal defendants to cause Mike Vincent's phone to ring off the hook with prospective new cases, however the public needs to know about the insider network and the back-and-forth flow of campaign contributions and political favors that flow between the judiciary, criminal defense bar, and members of the Prosecuting Attorney's office
Roadman
Wed, Apr 20, 2011 : 4:38 p.m.
She gave ten months for someone who assaulted and injured a parrot (which I agree with) and gave a six-year prison term to militia advocate Mark Koernke for runing away from a policeman. The parrot was politically correct, Koernke was not. In Eastpointe, a district judge made headlines by giving a 13-day jail term for jaywalking and 30 days in the pokey for having a guest talk too loud on a cell phone outside of their house at night with daily alcohol and drug testing as a probation condition.
Stephanie
Wed, Apr 20, 2011 : 4:19 a.m.
"Forgiveness does not change the past, but it does enlarge the future." Paul Boese
Roadman
Wed, Apr 20, 2011 : 4:52 p.m.
Campaign contributions and political favors can also "enlarge the future" for criminal defendants.
Hemenway
Wed, Apr 20, 2011 : 3:44 a.m.
Melinda Morris has a long history of letting people off. Time to get her off the bench.
Roadman
Wed, Apr 20, 2011 : 4:54 p.m.
She faces mandatory retirement due to being over 70 years old and cannot run again in 2012, when her term expires. There is already chatter from the local bar as to who may replace her.
Mike D.
Wed, Apr 20, 2011 : 1:43 p.m.
Right! We should have judges who lock everyone away, costing taxpayers millions and precluding any real chance of rehabilitation. Especially those felons whose crimes are isolated events in otherwise productive lives--we really need them to become drains on society. What could be more logical?
Goodneighbor
Wed, Apr 20, 2011 : 3:18 a.m.
Tragically (and I DO know, because I too lost a loved one to a biker accident), ..."he took every precaution"... just, is not the case. Riding a motorcycle carries a risk that everyone must think long and hard before undertaking. There are many fine men and women who have become paralyzed and otherwise maimed riding bikes. There is just too much risk, please keep yourself safe and do not risk your families pain at your loss or disabilty and anguish. Please take the "precaution" of not putting yourself out on the road without proper protection from crashes and/or collisions, ...travel inside a vehicle, not on a motorcycle. It's become way too dangerous. I sincerely wish that that were not the case, ...but it is, ...it is just way too dangerous.
Ricebrnr
Wed, Apr 20, 2011 : 5:49 p.m.
And how many of you would be spouting this nonsense if you change accident to rape, and rider and bike to girl in small dress. "they were asking for it", right? Disgusting.
Mike D.
Wed, Apr 20, 2011 : 1:51 p.m.
While it doesn't excuse the actions of careless drivers, I agree 100%. Prior to losing a friend to a motorcycle crash, I tried to convince him to buy a convertible instead because you have a fighting chance if you're in a crash. But some people are thrill seekers, and they know the risk they are taking.
RTFM
Wed, Apr 20, 2011 : 2:20 a.m.
It is as if Dean was being convicted of driving while invisible. How can you "not" see a moving vehicle? Either driving while blind or negligence apply here.
Matt Cooper
Wed, Apr 20, 2011 : 9:25 p.m.
And you cannot tell me with any veracity that you have never not seen something while driving? All cars, trucks, and yes, even motorcycles, have blind spots. And a motorcycle, being a considerably smaller vehicle, can easily be not seen while cruising in a blind spot. Secondly, you weren't in the vehicle Moore was driving, so really you have no idea what she did or did not see.
Roadrunner
Wed, Apr 20, 2011 : 2:34 a.m.
Thank you!
jeanette
Wed, Apr 20, 2011 : 1:52 a.m.
My sympathies to go out to the DeVitis family and friends. I had seen the bumper stickers. It has made me more aware of bikes. I am amazed that w/ that frame of mind while driving they are much easier to spot. Are bikes like my snowmobile, in that, if it is running the lights are on? look for those lights, or helmets.
Mike D.
Wed, Apr 20, 2011 : 1:41 a.m.
Nearly ten years ago, I lost one of my best friends in exactly the same situation. He had the right of way on a large road, but someone driving a pickup didn't see him and pulled out in front of him to make a left. My friend went into the side of the pickup and died later the same day. His mother and I talked at length about the situation, and it was really tough. She didn't pursue jail time for the driver of the truck, and I supported her in her decision. Ruining a second life for one lost didn't seem like the right thing to wish for. I miss him every day, but I feel sorrow about it, not rage. Five years later, when a drunk driver running a red light nearly killed my mother-in-law, it was a different story: I was in favor of the electric chair! Sadly, that guy got less than a slap on the wrist.
stank
Wed, Apr 20, 2011 : 1:27 a.m.
Thanks, Roadman, for the insight into the Washtenaw County judicial system. Unfortunately, it does the family no good at this time.
Roadman
Wed, Apr 20, 2011 : 4:11 a.m.
@ Mr. Stank: Agreed. It should have been presented. A history of careless driving judgments or other infractions would have clearly been relevant. I have grave reservations about how this entire prosecution unfolded.
stank
Wed, Apr 20, 2011 : 3:42 a.m.
Understood. When I refer to "file," I understand she is given the public record. The judge did, however, ask for the driving record at the sentencing. Whether the driving record was clear or not, one would have thought it would have been part of that memorandum or recommendation.
Roadman
Wed, Apr 20, 2011 : 3:31 a.m.
@Mr. Stank: The County Prosecutor or the Probation Department, which is an arm of the Court has the opportunity to submit paperwork via a sentencing memorandum or probation recommendation to the Court prior to sentencing so that the judge is informed of relevant facts in the formulation of a sentence. The judge does not have a "file" other than the one on public record with the County Clerk. If the County Prosecutor or Probation Department does not present a driving record to the judge, the judge does not get it on her own.
stank
Wed, Apr 20, 2011 : 3 a.m.
Roadman, the accident occurred just short of Wayne County. We were wondering how she could have made the arrangement without hearing from family first. In fact, the day of sentencing, the judge didn't even have the defendant's driving record in her file. How's that for a complete investigation by the Washtenaw County Sheriff's Department and making a decision based upon facts. I wonder what else wasn't in that file.
Roadman
Wed, Apr 20, 2011 : 2:08 a.m.
@Mr. Stank: The internal policy of the Wayne County Prosecutor's Office is to solicit victim input before a plea agreement is entered into. Why Brian Mackie's Office cannot extend the same couresies to bereaved families as County Prosecutor as Kim Worthy does, I just do not understand.
Roadman
Wed, Apr 20, 2011 : 1:02 a.m.
Defense Attorney Michael Vincent has pumped in thousands of dollars in recent years to at least ten judicial campaign committees in recents years, including those of Chris Easthope, Charles Pope, Brian Oakley, James Plakas at the District Court level. Circuit and Supreme Court candidates as well. These contributions are publically registered and downloadable at the Secretary of State website. The Michigan Campaign Finance Network has expressed concern that judges who have received substantial campaign contributions to their election committees by parties and counsel having legal matters before them on a current or regular basis exude an appearance of impropriety from an apparent conflict of interest. The family of the victim here did not have an opportunity to donate to the campaign committees County Prosecutor or Judge Melinda Morris. My sympathies to the DeVitis family.
Roadman
Thu, Apr 21, 2011 : 10:09 p.m.
@Matt Cooper: How do you explain the fact that several political action committees were formed largely in response to problems with the circuit court judges, such as People Against Corruption? It is registered with the County Clerk. How do explain away the arguments displayed on its website: <a href="http://www.a2buzz.org" rel='nofollow'>www.a2buzz.org</a> ?
Matt Cooper
Thu, Apr 21, 2011 : 4:23 p.m.
Actually there is an office work group mentality in every police and court system. This is not unique to Washtenaw County. Adn as to your comment about being an 'insider'...this means what? That you are an expert on what goes on in "local government"? Which local government? The courthouse janitor could well claim to be an "insider" as well. Doesn't mean he knows what he's talking about. And yet again I will point out that issuing veiled accusations without proof is irresponsible, unprofessional and unethical.
Roadman
Thu, Apr 21, 2011 : 4:07 a.m.
@Matt Cooper: I take you are not a local government insider as I am. Ask any longtime criminal law practitioner about the "insider network" that pervades the local court systems. You are correct, donating to judicial campaign committees is not illegal - but many argue it should be. Would you like to oppose in court an attorney or litigant that has donated thousands to local judges including the one you are appearing before. The Michigan Campaign Finance Network has denounced such activity as eroding public confidence in the integrity of the judiciary and point to Michigan Supreme Court elections as examples where justice candidates have received hundreds of thousands of dollars in contributions from political action committees representing the interests of numerous litigants having business before the court. The appearance of impropriety alone from such campaign finance activity is appalling.
Matt Cooper
Wed, Apr 20, 2011 : 9:22 p.m.
Unless you have proof of wrongdoing your argument is moot. To make thinly veiled accusations without proof of any wrongdoing is irresponsible at best. Secondly, he broke no law by donating to any political causes he chose to donate to. When one person makes an accusation, check to be sure he himself is not the guilty one. Sometimes it is those whose case is weak who make the most clamour. ~Piers Anthony~
ViSHa
Wed, Apr 20, 2011 : 2:22 a.m.
yes, i'd say there should be concern. maybe a hungry journalist will want to do a story/see if any patterns shake out.
Roadman
Wed, Apr 20, 2011 : 12:40 a.m.
Defense attorney Mike Vincent has donated heavily to Prosecutor Brian Mackie's campaign committee. Check the Secretary of State filings with the Elections Division online. Mike Vincent also endorsed former Assistant Prosecuting Attorney Margaret Connors when she ran unsuccessfully for a District Court judgeship in 2008. Melinda Morris gave a hefty contribution to the Margaret Connors campaign committee. Michelle Booth had the sagacity to retain someone like Vincent for this most important case. The concept of an insider network at the Washtenaw County Circuit Court is nothing new. See <a href="http://www.a2buzz.org" rel='nofollow'>www.a2buzz.org</a>
Ricebrnr
Tue, Apr 19, 2011 : 7:19 p.m.
I'm continually stunned by those that think prisons are only venues for rehabilitation and forget that segregation from the rest of society and protection of same is always first and foremost about punishment. You do something wrong, you get punished. Especially you God fearing people. Old Hell was about flames and eternal damnation. Today New Hell is a rehab facility, right? There is no concept of Heaven without a Hell. Reward without Punishment. High without Low, Yin without Yang.
javajolt1
Tue, Apr 19, 2011 : 7:13 p.m.
No matter what the offense...... MELINDA MORRIS IS THE MOST LIENIENT JUDGE EVER!!! .....how about looking out for the victims for once?
Matt Cooper
Thu, Apr 21, 2011 : 4:19 p.m.
Running away from a cop? Let's see...more partial information. He was also convicted of assaulting a police officer and fleeing and eluding and served a 3-7 year sentence. If we're going to make comments, it's probably a good idea to make sure were telling the whole story and not just those parts that seem to bolster our claims. Also, like it or not, you're not the one looking at the evidence, hearing the testimony and issuing the sentence. You're not the one looking at the sentencing guidelines or hearing the victim impact statements. You're not the one listening to the voice of the defendant as she tells her story. Judge Morris is a very wise and educated lady. She did what she felt was best. Sorry if you don't like it.
Roadman
Thu, Apr 21, 2011 : 4:13 a.m.
Thank you for your input, Mrs. DeVitis.
Christine DeVitis
Wed, Apr 20, 2011 : 1:35 a.m.
Agreed! All favor was directed to MB and not to the family or more than half of the courtroom that consisted of family and frends!
Roadman
Wed, Apr 20, 2011 : 12:29 a.m.
She gave a six-year prison term to activist Mark Koernke for running away from a cop. He was released after five years.
WinstonsMom
Tue, Apr 19, 2011 : 5:57 p.m.
I think what some of you (TT, RuralMom, etc.) keep failing to understand is that a life was lost. This wasn't an "oops, I failed to yield and knocked over your lemonade stand" or "oops, I failed and hit your parked car." A man's life was lost due to her negligence. Judging by the level of immaturity of this forum, here's the definition of negligence -- "the failure to exercise that degree of care that the law requires for the protection of other persons that may be injuriously affected by the want of such care." That "care" was not given to Dean DeVitis the night of June 24th. Michelle Booth stopped caring the moment she failed to yield and killed him. I hope that no one has to go through the pain and suffering that his family has gone through, however, I do believe if your relative was killed tragically at the hands of a negligent drive you would feel the same way.
stank
Wed, Apr 20, 2011 : 2:49 a.m.
You really can't say what you would do until the situation arises. And, for the record, the defendant got her license suspended for ONE YEAR.
kathryn
Wed, Apr 20, 2011 : 1:42 a.m.
If my family member was killed in an accident, even with negligence, I wouldn't be demanding that the person responsible be put in jail. Maybe never drive again, but not jail. We are already way too quick in this country to lock people up (Look at how huge our prison population is compared to the rest of the world.) Jail is for the dangerous or people who cannot be left safely in our midst because they repeatedly refuse to obey the laws. It doesn't sound like this case qualifies.
Cash
Tue, Apr 19, 2011 : 8:29 p.m.
jcj, Well put.
WinstonsMom
Tue, Apr 19, 2011 : 7:36 p.m.
A great man once said: We search for the truth. We seek justice. The courts require it. The victims cry for it. God demands it. Melinda Morris may not have shown justice to Ms. Booth, however, Michelle Booth will have to answer to God one day. Only then will justice be served.
jcj
Tue, Apr 19, 2011 : 6:32 p.m.
"I do believe if your relative was killed tragically at the hands of a negligent drive you would feel the same way." And I do believe if it was YOUR relative that made the mistake you would feel different.
RuralMom
Tue, Apr 19, 2011 : 6:31 p.m.
WinstonsMom, there is no remedy for loss of life, period. No jail term, no $ judgement can make up for a loss. Staying blinding angry just keeps the lives of the living in chaos and turmoil. I truly wish them health and healing.
WinstonsMom
Tue, Apr 19, 2011 : 6:21 p.m.
@RuralMom -- $$$ is not the issue here. Justice is. The money will not replace the life that has been lost, the memories that will no longer be made, nor will it fill the vacancy at his daughters' sides when they walk down the aisle. Two years of probation just isn't enough for a life being lost.
RuralMom
Tue, Apr 19, 2011 : 6:06 p.m.
No I think some of us have the wisdom and own personal horror experiences, to realize an accident verses a deliberate act. The quote in the paper from the family even says, they realize she did not set out to kill him that day. Also they have a civil suit, where do they think the $ judgement will come from if they have her locked up? Just not rational thinking, due to their grief. I truly wish them a Blessing from God. Today would have been my Father's 67th birthday, I worked long and hard through my grief, so I could HONOR him by living a good life, instead of being tangled in blind grief over a death that didn't have to happen.
jcj
Tue, Apr 19, 2011 : 4:38 p.m.
@ThaKillaBee "She ran a stop sign and killed a man. This indicates a level of thought and behavior that is a danger to others." Where does it say she ran a stop sign? Get your facts straight BEFORE you start ranting about something! There is not a poster here that does not sit at a red light every day and someone runs through the red! And probably 50% of the posters have done this themselves. Should we put every one of them in jail? Or do we wait until they kill someone? @A2.com "Driver of car that struck, killed motorcyclist gets two years' probation over objection of victim's family." I will ask you the same question! Where does the police report say she struck the motorcyclist? She was at fault I do not think that is in dispute. BUT there is a clear difference between wantonly or carelessly running a stop sign and stopping and pulling out without seeing something coming. I am not excusing her but some of the posters would treat her the same as someone drunk running through a stop sign or red lifgt!
Christine DeVitis
Fri, Apr 22, 2011 : 5:27 a.m.
no it wasnt intentional, but it was negligent and took a life. admit, accept, apologize = accountability. None of that happened here either. lies and denial and celebration is all that happened here!! None of it came from the victims family!
Cash
Tue, Apr 19, 2011 : 8:27 p.m.
Absolutely. Who among us hasn't made a mistake driving and lucked out. She didn't luck out, nor did the fellow who died. It was NOT intentional.
a2susan
Tue, Apr 19, 2011 : 4:35 p.m.
It almost seems the norm now for drivers not to stop at stop signs. I see this every day both walking and driving. It seems as though drivers think a stop sign is simply something you slow down for, not come to a complete stop. If indeed the driver didn't come to a full stop and that is the reason the motorcyclist was killed, then a harsher sentence should be called for. It's not an accident, it's a faulty driver.
Christine DeVitis
Fri, Apr 22, 2011 : 5:22 a.m.
exactly!
Ricebrnr
Tue, Apr 19, 2011 : 4:16 p.m.
Negligence is no accident. Cars kill more than guns everyday, until people reconcile that fact and have the same outcry with them...more will die with little consequence.
Christine DeVitis
Fri, Apr 22, 2011 : 5:22 a.m.
thank u ricebrnr!!!
Roadman
Wed, Apr 20, 2011 : 1:06 a.m.
Safe driving is no accident!
Bababooey
Tue, Apr 19, 2011 : 4:03 p.m.
I don't doubt that this was an accident. Where do we draw the line though? What type of accidents do we deem punishable by feeling bad about them? If you are responsible for the death of someone; where the death was preventable if more or proper caution was taken, then you are negligent. I'm also not trying to say this woman should be put behind bars for years and years, but some time in a not so comfortable environment to think about what occurred might serve some good.
RuralMom
Tue, Apr 19, 2011 : 4:42 p.m.
The line is at this for me, she wasn't under the influence, wasn't speeding, didn't flee the scene. There has to more to it than not seeing the vehicle, regardless of its type, coming down the road.
Lovaduck
Tue, Apr 19, 2011 : 3:28 p.m.
I know that when something bad happens to one we love it is natural to want vengeance, but Judge Morris (an excellent and compassionate judge by the way) made the right decision. Surely some punishment is deserved for a deadly mistake, but there was no malice, nor intoxicated driving. How many of us have made similar mistakes without killing anyone. It is tragic that her mistake did, but riding motorcycles is inherently risky (again not to blame the victim) and horrible things DO happen. She WILL be punished the rest of her life just knowing her mistake killed a man. A lynch mob mentality among the victim's relatives was wisely ignored by Judge Morris. Judges have to judge by the facts in the case, not by victim's relatives and friends' anger!
Christine DeVitis
Fri, Apr 22, 2011 : 5:18 a.m.
"A lynch mob mentality among the victim's relatives was wisely ignored by Judge Morris. Judges have to judge by the facts in the case, not by victim's relatives and friends' anger!" Judges have to judge by who contributes the most $ to their campaign fund. How dare u call a large group of grieving family members a "lynch mob", but thank you as any written agression towards the victim and family can be used against MB in the civil suit...as u know by the letter/threat written by her son.
Matt Cooper
Wed, Apr 20, 2011 : 9:38 p.m.
That was rude and uncalled for. Just because people disagree with you doesn't mean you get a free pass to verbally abuse them.
WinstonsMom
Tue, Apr 19, 2011 : 6:26 p.m.
Let me guess -- did Judge Morris give your family member probation for a negligent crime they committed? Given her track record, I'm probably right. Winning!!
5c0++ H4d13y
Tue, Apr 19, 2011 : 2:56 p.m.
In England they actually have a name for this kind of crash. It's called a SMIDSY, "Sorry mate, I didn't see you". <a href="http://youtu.be/eqQBubilSXU" rel='nofollow'>http://youtu.be/eqQBubilSXU</a>
StarChild
Tue, Apr 19, 2011 : 2:53 p.m.
This article should probably have run on the op-ed page... not a straight news story. Booth won't go on record while a civil suit is pending.... how about some context at least regarding how atypical this sentence is? How often is jail time given in Michigan (or Washtenaw County) for this type of thing?
TT
Tue, Apr 19, 2011 : 2:44 p.m.
I rode my old HD for many years and dodged all sorts of obstacles and other inattentive drivers. I also ran over a biker with a car when I was a kid under these same circumstances because I never saw him. Motorcycles can be hard to see and good people can make a trajic mistake and run over one without malice, or even carelessness. It is a risk you assume when you get on a motorcycle. I understand the widow wanting a pound of flesh for her immense and irrepairable loss but she is dead wrong. The driver, all other circumstances being normal, does not deserve to have her entire life ruined by a criminal action against here because of a trajic mistake. She is liable for civil action as anyone would be for her actions and I am sure she is tormented and will be by this event for the rest of her life.
Christine DeVitis
Fri, Apr 22, 2011 : 5:09 a.m.
you call it a pound of flesh...I call it ACCOUNTABILITY!
RuralMom
Tue, Apr 19, 2011 : 2:33 p.m.
"We know she didn't set out to kill someone that day. But I think something more needed to be done just to show that you can't run stop signs, kill someone, and get away with it," she said She isn't getting away with it just because she's not being punished in any specific manner you dictate. Its a horrible tragic accident. Just as I said when this happened, how was he dressed, what kind of gear overall. When you ride, you assume a risk because you choose to be on a bike, with no protection from vehicles. I am by no means blaming the victim, I am saying its an assumable risk you sign up for. Did the bike have multiple front lights, did the bike have loud pipes. We have French Lights, Loud Pipes and ride a Road King - still we get pulled out on. We assume the risk, so we LOOK for the person who may not see us coming down the road, to blow a stop sign, come flying out of a driveway, child on a bike, etc. Its part of the risk we accept. We also dress/gear up appropriately, each and every time. We wear helmets that exceed the DOT specs. I fail to see how a prison sentence in this instance would drive the point home any further. Sentencing is to change the behavior of the offender or keep them from further harming their community. Its not to assuage the victims family, as we can see from the civil suit filed.
Matt Cooper
Wed, Apr 20, 2011 : 9:15 p.m.
Prison time has never once been proven to change the behavior of any individual post incarceration, nor has it been shown in any way to be a deterrent to future criminal behavior. But, prison is not only about trying to change behavior. There is also a huge punitive element in terms of direct punishment. I agree with the sentence she got. I don't believe she intended to kill anyone and making her serve prison time doesn't help anyone and would accomplish nothing other than making the fmaily feel as if there has been some sort of retribution.
Jatra
Tue, Apr 19, 2011 : 2:47 p.m.
I ride a 750 sport bike that I could push off of myself or others could easily pull off of me in the event of an accident. If you get pinned under your Road King should I say " well he was riding a heavy bike and that's his fault. He should have known better with all the poor drivers out there. If he had been more responsible and had a lighter and more responsive bike he could have avoided the car that pulled out on him!" we have no information on what this guys bike had, what gear he was wearing or how he was riding. Your comment that all of us who ride take this risk is true but being on a bike dosent dismiss negligent homicide. By that logic pedestrians who cross the street are doing so at their own risk and should expect to get hit by a car at any moment (hey they were walking without protection, they knew the risks)! I understand mistakes haopen and I dont believe she should be locked away for life. I just think your argument is flawed.
Cash
Tue, Apr 19, 2011 : 2:44 p.m.
I completely agree. Prison time doesn't bring the man back. It only costs taxpayers a fortune, harms her kids and does NOTHING for the deceased man. How many of us have had close calls driving? Well, she wasn't as lucky. Simple as that. Shake your fist at fate if you will. But in all honestly a mistake happened...one any of us could have made.
fatoush
Tue, Apr 19, 2011 : 2:30 p.m.
Yes, an eye for eye! Where does this leave us? Motorist as cyclist are at higher risk when on the street. It's a fact. Therefore, any accident involving them is more likely to result in death, no matter who's fault it is. Nobody talks and thinks about what Mrs. Booth feels. She has to live with for the rest of her life with the guilt that her mistake killed someone. How does this affect her life and the life of her loved ones? She was not on drugs, no speeding, no former incidents! She just did one mistake and who of you is free of them when behind the wheel? For all the people here that scream for jail time: What would you do if this happened to you? Do jail time voluntarily? Show some respect for a court's decision!
fatoush
Wed, Apr 20, 2011 : 2:23 p.m.
@Christine DeVitis: Grief manifests itself in different ways in different people. Just because a defended did not say the words you want to hear, does not make her a cold-hearted person. We do not know how she feels about this. She may feel threatened by people that are full of anger against her. Second, you seem to project your anger and grief another Mrs. Booth which is fine because it is an important stage of grievance. However, the court has come to decision in all objectivity. Matters of speeding and intoxication are presumptuous and I am sure that the police at the scene did a proper evaluation. And when in doubt... Thirdly, if this happened to one of my loved ones I would be grieving and probably be angry of the person that killed a person I care about deeply. I would probably lack objectivity for a while to judge the entire situation. However, I would not start a witch hunt after the judge. Given all circumstance the verdict is not a scandal. Not doing jail time does not mean walking free. Probation is a sentence too and the two years will show whether Mrs. Booth is the kind of person that you think she is. In the end even jail time would not help overcoming the loss and help with grieving.
Christine DeVitis
Wed, Apr 20, 2011 : 1:27 a.m.
And what would you do if this happened to ur loved one at the fault of someone who had the choice to avoid if she had followed the rules, paid attention and cared about anything but where she was headed. One 'mistake' is not excusable when it takes a beloved life. We dont know if she was on drugs or not because her blood was not tested at the hospital. She was speeding through the stop sign, and she may not have a driving record but we all know there is a former record...if you'd like me to elaborate...I can!!! I have no respect for the courts decision...not one bit...but I do believe in Karma as his daughter mentioned in her statement and I totally agree with Winstonsmom that she will be judged one day by God! I wouldnt feel so strongly about this if she woud have not lied her way out of the details and said she was sorry to the family...and not just to the judge for her OWN sake!
godsbreath64
Tue, Apr 19, 2011 : 2:28 p.m.
Melinda Morris has got to go. She is a bald coward. There is no excuse for this.
Roadman
Wed, Apr 20, 2011 : 1:04 a.m.
Her mandatory retirement date is December 31, 2012.
deb
Tue, Apr 19, 2011 : 2:18 p.m.
Nope. She's not a threat to society. No need to spend tax money to punish house her, she can support herself still. I am sure she feels terrible about it. People make mistakes. . .
jns131
Wed, Apr 20, 2011 : 10:59 a.m.
What a shame this had to happen to both families. But I do agree with Deb. Motorcycles do not also yield for us and I have had a run in with motorcycles that have run stop signs and almost hit me. So the shoe is on both feet. Time to move on and heal.
Barb
Tue, Apr 19, 2011 : 3:24 p.m.
TKB, that's why probation is appropriate.
ThaKillaBee
Tue, Apr 19, 2011 : 2:46 p.m.
"Not a threat to society." .... ? She ran a stop sign and killed a man. This indicates a level of thought and behavior that is a danger to others.
Cash
Tue, Apr 19, 2011 : 2:41 p.m.
I totally agree, Deb. She will have to live with the horror. Leave her alone.
ViSHa
Tue, Apr 19, 2011 : 2:39 p.m.
this may be true. perhaps there wouldn't be so much anger if the judge had a better record of giving out proper sentencing.
genericreg
Tue, Apr 19, 2011 : 2:09 p.m.
didn't see is admit didn't care about other lifes. should be in jail.
Jatra
Tue, Apr 19, 2011 : 2:07 p.m.
Motorcyclists often don't get the respect they deserve from motorists or the legal system. The "I didn't see him/her" defense is unacceptable (unless the person you hit is driving at night without lights on). You are a motorist and are responsible for your vehicle. I am deeply saddened for both the family of the victim and ms. Booth. This is truly a terrible situation. I do wonder if the sentince would have been the same if she had failed to yield to another car or an SUV and caused an accident resulting in death.
fjord
Tue, Apr 19, 2011 : 2:05 p.m.
"Driver of car that struck, killed motorcyclist gets two years' probation over objection of victim's family." Hmmm, so someone else avoided jail time after killing someone. I guess I'll click through and read the article to see if it was the same presiding judge who ALWAYS seems to let people off easy ... well, what do you know. Melinda Morris' term expires in January 2013. Voters, you'll get your chance to express your opinion of her sentencing practices next year. I, for one, look forward to that opportunity.
ViSHa
Wed, Apr 20, 2011 : 2:26 a.m.
hmm...i did not know Melinda Morris was nearly seventy yrs. old.
Roadman
Tue, Apr 19, 2011 : 11:13 p.m.
Oops! That should have been <a href="http://www.a2buzz.org" rel='nofollow'>www.a2buzz.org</a>
Roadman
Tue, Apr 19, 2011 : 11:12 p.m.
Melnda Morris cannot seek another term as she will be over 70 years of age and barred from runing again for any judicial office. Judge Timothy P. Connors and his controversial courtroom behavior is expected to be an election issue next year when he will have to run for re-election to retain his seat. Check out the <a href="http://www.2buzz.org" rel='nofollow'>www.2buzz.org</a> website for details.
ViSHa
Tue, Apr 19, 2011 : 1:37 p.m.
Gee, what a surprise.
Wolf's Bane
Tue, Apr 19, 2011 : 1:33 p.m.
Karma Judge Morris. Karma.