M.

Mon, May 17, 2010 : 5:52 p.m.

The choices the defendant makes leading to someone's death are a factor in every charge they could bring against him. Intent plays a role as well. I think our disagreement lies with the level of penalty, but I really believe the charge will be plead down regardless of our opinions.

Ricebrnr

Mon, May 17, 2010 : 9:35 a.m.

At Malorie, Here is where you and I part company. I submit if you CHOOSE to alter your ability to make rational and responsible decisions then any consequences of that CHOICE is a foreseeable one. If I put one bullet in a revolver, spin the cylinder, close it, point it randomly and pull the trigger how is my culpability any less for the 1 in 6 chance or the gun firing? Or for the 1 in whatever chance of hitting someone randomly downrange of the muzzle? Add alchohol or drugs into the mix. At what point does my responsibility diminish? The only thing that matters is MY CHOICE which led to those actions which resulted in any trajic consequences, nothing after that point is relevant. I don't blame the car, the gun, OR the drugs. Nor do I blame chemical dependency, nature or nuture. I and you make choices every day. I take responsibility for mine and don't imbibe, inject, inhale or injest things that affect that.

Terry0908

Mon, May 17, 2010 : 8:43 a.m.

Having witnessed the accident from the southbound lane not 50 yards away with my 12-year-old son next to me, I had assumed that extreme mechanical failure of some sort was the catalyst - putting this horror in motion which cut short a young man's life. If this horror was instead caused by drug/alcohol impairment at 4 PM in rush-hour freeway traffic, I believe the move to include the additional criminal charges is entirely warranted in this case. The jury will hear the facts and decide accordingly.

Barb

Sun, May 16, 2010 : 7:29 p.m.

Cash is taking an extreme position? I wish all people would take such an "extreme position". Holy cow, people. Impartial juries should be that way for a reason.

M.

Sun, May 16, 2010 : 12:01 p.m.

Second degree murder by definition is caused by an assault. You could argue that the planes used in 9/11 were for an assault since they knowingly intended to kill people with them, but many people here are trying to argue that this 21 year old kid intentionally used his car to kill people. He was definitely negligent, but there is nothing to support the fact that he meant to kill others. For Pascoe to speculate on Kelly's intentions to the media is very irresponsible as a police sergeant. I do not understand why he is unwilling to discuss any details aside from his opinion that this was not a "mere accident". Negligent homicide is the more proper charge in my opinion and often the opinion of a court of law. Hopefully the judge/jurors will be able to understand the meaning of "intent". I don't know why my comment was deleted since whoever deleted it didn't make note of it, but I did assume that this charge is going to be plead down, perhaps in turn for information on the people Kelly got his drugs from. If he was under the influence of illegal drugs (it doesn't say prescription or alcohol) and crossed over the median, there's only one drug that really comes to mind and I imagine the police are very motivated to get the dealers.

Ricebrnr

Sun, May 16, 2010 : 10:06 a.m.

Good! DUI's should be charged with at least second-degree murder in fatal crashes and conversely DUI's in general should therefore be charged with attempted murder or depraved indifference EACH AND EVERY TIME.

K from Sterling Hgts

Sun, May 16, 2010 : 12:27 a.m.

Stange Isanopinion, you are the only one to mention heroin. I have read every comment, no one brings that up but you. So, do you know something the rest of us don't? The article says he was intoxicated and there was presence of a controlled substance. That could be anything. Now I will find a way to keep up with this case to see if he did indeed have heroin in his system and if he did, how did you know???

K from Sterling Hgts

Sat, May 15, 2010 : 1:56 p.m.

Excuse me Cash, I feel you must be a relative of Mr.Kelly. The bottom line is he did something that will impact many familys for the rest of their lives. Mr. Kelly's family or girlfriend can still talk to him, hug him, tell them they love him, he can marry, have a family and enjoy a birthday. Brandon Rapp will never be able to do those things and only his family and girlfriend will suffer because someone was so irresponsible they risked driving under the influence, not a care about what could happen. If one person reads that article and decides that day, they will not drive because they are inhibited then maybe it could save a life. So print the story, he isn't convicted yet, he will have his day in court. We could all ask Brandon his opinion on this but sadly, he is not able to speak his thoughts.

Wolverine3660

Sat, May 15, 2010 : 10:34 a.m.

I will say this again, cash is taking an extreme position on this issue. If one were to go along with his wishes, no one would ever be able to report on any incident, becasue by his reasoning, anything said or description reported by the media would taint the jury pool. This is an absurd position to take.

5travellers

Sat, May 15, 2010 : 9:19 a.m.

Mike, my condolences go out to your daughter and your family.

jns131

Sat, May 15, 2010 : 7:48 a.m.

My condolences to the family who lost a member in this tragedy. But since 911, I am reminded of the fact that it wasn't an airplane that was used as a weapon but this time? A car. I never thought of an airplane as a weapon. But then when they explained that anything used as a weapon to destroy life is what it is, a weapon to cause mass terror and chaos. Alcohol was contributing factor, again another weapon, when used in conjunction with an automobile will become a weapon set to kill. Michigan really needs to toughen it drunk driving laws and start a better filter process of those who should not be on the road. You kill? You go to jail. I am all in favor of the death penalty and in this case? An eye for an eye. Because one almost took two of mine.

Cash

Sat, May 15, 2010 : 3:44 a.m.

It wasnt a mere accident, Pascoe said. There was intentional negligence on behalf of the suspect. Pascoe is a State Police Sgt....this is the remark that I refer to as fueling the fire with a policeman's opinion before the trial begins. Whether the statement is right or wrong, isn't the point. The point is, it wasn't necessary to make the statement. That is something proven in a court of law. I don't care what a phone-a-lawyer thinks. I want every American, even the one who took someone from me, to have a right to a a fair trial with a fair and impartial jury. From some of the posts here, I pray none of these people every get on a jury anywhere. They read a small news article, and have declared the person "guilty".

Chris 8 - YPSI PRIDE

Fri, May 14, 2010 : 7:28 p.m.

i really wish with the growing population and congestion of roads in this area there was a deflection divider placed on 23, lets say starting about 15 miles north of a2 stretching and ending about 15 miles south of rte 12. these are used in VERY CONGESTED areas in other states and PREVENT head on collisions every day. these are not very expensive to put in place and would provide some temporary jobs. as for the driver of the offending car, give a shot at a fair trial before convicting him in the press!

Wolverine3660

Fri, May 14, 2010 : 7:05 p.m.

if one were to Cash's line of reasoning, newspapers/TV/Radio would never be able to report anything at all, because by Cash's defination, the media would be accused of "tainting the jury pool". I just got off the phone talking to a local attorney, who is a successful criminal defense attorney, and he said that given his experience, nothing mentioned in the article rose to the level where the media or the Police or the Prosecutors could be accused of making prejudicial statements about the jam Mr Kelly finds himself in.

Kyrie

Fri, May 14, 2010 : 6:01 p.m.

I get it that you are innocent until proven guilty but this case seems really cut and dry. He was the one driving and is the one who crossed the median and hit another car. Otherwise they wouldn't even have a case in the first place. As to the driving while under the influence and some sort of possession charge that is a bit more up in the air if they have enough proof to convict him of that. I don't see how this could really pollute a jury if the evidence is there its there and its beyond a reasonable doubt if they convict him.

Mikey2u

Fri, May 14, 2010 : 5:59 p.m.

Mike, No one is contesting the fact that Michael Ronald Kelly was the driver of the Durango. No one is contesting the fact that Michael Ronald Kelly was intoxicated at the scene. No one is contesting the fact that Michael Ronald Kelly was in possession of a controlled substance. No one is contesting the fact that Michael Ronald Kellys Durango struck the rear drivers side of a pickup truck, and then hit a Chrysler Le Baron almost head-on, causing it to flip several times. No one is contesting the fact that Brandon Robert Rapp died as a result of the accident. Exactly what kind of evidence do you think is going to come out at the trial that might exonerate Michael Ronald Kelly? Sometimes our judicial system is a big waste of time and money

johnnya2

Fri, May 14, 2010 : 5:48 p.m.

He has not been tried on the media. The prosecutors are telling why they have filed the charges they have. It is their DUTY, to do this. If they had arrested this guy and he sat in jail the opposite reaction would be why are they holding a guy with such a high bail or for a minor traffic accident.

Cash

Fri, May 14, 2010 : 5:18 p.m.

Mike, I have lived through something almost identical. Little do you know. Do not assume things about people you don't know...that goes in all directions. We just have different viewpoints. You have no idea of my pain. I believe that a person should be tried in a court of law. I felt that way through my own horror as well and requested that the prosecutor and the police be quiet and not use the media to try the defendant. That worked out quite well. I don't like it when snippets are given by police or prosecutors to publicize. They are tainting the jury pool. That can be a problem during the trial with juries etc...in either direction. My loss didn't mean that I gave up on the legal system in this country. Let the courts do their job. The guilty will be punished and the innocent will go free. That's what I pray for...that every American get the same rights even the one in my family's case.

Cash

Fri, May 14, 2010 : 4:43 p.m.

I really wish that police and prosecutors would wait to try the person in a court of law, not in the media. It is not necessary to say anything until the trial. "Innocent until proven guilty" but they start painting the person as guilty when they are arraigned. What's the hurry? Using the media to fuel the fire is wrong in my opinion. And I'm tired of it.