Prosecutors to decide whether to file charges in death of hockey star Ian Jenkins
Milan police have finished investigating an accident in May that resulted in the death of teen hockey star Ian Jenkins and submitted their findings to prosecutors Tuesday.
Now, prosecutors must decide whether to file criminal charges against a 16-year-old Milan boy who was driving a pickup truck when his friend, 15-year-old Jenkins, jumped or fell off the truck, hit his head and later died.
Jenkins' family told police they don't want charges filed against the juvenile driver, but the final decision rests with prosecutors.
Washtenaw County Chief Deputy Assistant Prosecutor Steve Hiller said today that the case is being reviewed. Hiller said he did not know when a decision would be made on whether to file charges.
Jenkins was sitting on a truck bed cover on his friend's Ford Ranger about 3:45 p.m. May 19 with his feet resting on the bumper, as the truck traveled slowly in an alleyway behind several homes, police said.
The truck was traveling east on Reagan Lane and turned to travel south on Eisenhower Lane. After traveling an estimated 90 to 100 feet, police said, Jenkins jumped or fell off the truck and hit his head.
Jenkins, considered one of the top youth hockey goalies in the country, was pronounced dead four days later at the University of Michigan Hospital.
Police said the driver had a valid license, wasn't traveling at an excessive rate of speed and wasn't under the influence of alcohol or drugs.
The accident occurred the day after Jenkins signed a contract with the London Knights of the Ontario Hockey League, which can put players on the fast track to the NHL.
Lee Higgins is a reporter for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
snapshot
Fri, Jul 8, 2011 : 4:57 a.m.
The prosecuter recently charged and convicted a young lady who was driving and in an accident in which her fiend died as a passenger. The driver stopped at a stop sign and pulled out in front of car and was hit. It was an accident, she wasn't under the influence, and her friend was buckeled up. They still charged and convicted her.
tater
Thu, Jul 7, 2011 : 2:42 p.m.
Ooops. I meant to say, "Neither Ian Jenkins nor the driver did anything that countless teenagers haven't done since pickup trucks were invented." Too bad we can't edit our comments after hitting the submit button.
tater
Thu, Jul 7, 2011 : 2:40 p.m.
The family has it right. Neither Ian Jenkins nor the driver did anything that countless teenagers have done since pickup trucks were invented. The old adage "but for the grace of God..." applies here. One kid's life has been ended and that of his family's changed forever. There is no need for an overzealous and bloodthirsty prosecutor to ruin another kid's life and that of his family's. Sometimes, even accidents with tragic results are really just accidents. If the family has the class and grace not to scapegoat anyone, the prosecutor should find some class, too.
racerx
Thu, Jul 7, 2011 : 2:11 p.m.
"jumped or fell off the truck, hit his head and later died". So, is the cause of death really known? Or, does that matter since there is a law saying person's under 18 aren't allowed to ride in or on the bed of the truck? Did the youth decide that this wasn't a good idea and decide to jump off the truck?
Wolf's Bane
Thu, Jul 7, 2011 : 12:47 p.m.
I think it is noble of Ian Jenkins' parents to be willing to forgo charging someone for their sons death. However, laws were broken Laws meant to protect kids like Ian Jenkins. The driver, at a minimum should be charged with reckless manslaughter.
Urban Sombrero
Thu, Jul 7, 2011 : 2:05 a.m.
Are the prosecutors in this town just bored? Or, without enough to do? Trying to justify their existance? This sounds like it was clearly an accident. Pardon me, if I'm overstepping my bounds, but what is there to prosecute? And, why ruin the life of a promising young man, when the family of the victim clearly believes that it was an accident? This is just tragic, all around.
Urban Sombrero
Sun, Jul 10, 2011 : 2:17 a.m.
OK, so you all seem to be the "by the book" types. Tell me, what is the reason for prosecuting people? It's to punish them, no? So, don't you think this young man has been punished enough? His friend is dead. Because of a decision that both of them made. Yes, they weren't thinking things through, 100%. (And, I'm not attempting to victim blame here. But, both of these young men played a part in what happened here.) Poor decisions were made. But, the young man driving this truck will no doubt be tortured for life by what happened. Is that not, by definition, punishment? Why pour salt in the wound? Yes, rules were broken, but let's have some common sense here. These are young kids. We were all young. And, unless you're going to outright lie to me and everyone here, I'm willing to bet that all of you "Throw the book at him!" crowd are probably guilty of poor decision making as young adults. None of us suffered as deep of a consequence as these two, but I'm willing to bet that we all put ourselves (and possibly others) into situations that could have turned deadly, or dangerous. It's part and parcel with youth. There are plenty of other, more heinous, things going on in Washtenaw county that no doubt deserve the attention of the prosecutor. Serial groper? Armed robberies? Yet, they want to prosecute a young man for poor decision making, done without malice. And, this is something that he'll no doubt blame himself for the rest of his life. Maybe it's just me. Heck, it probably is. But, I feel like he's been punished enough. To throw the book at him just seems overly punitive.
Charlie Brown's Ghost
Thu, Jul 7, 2011 : 6:54 p.m.
An "accident" is the result of circumstance, not the result of a person purposefully doing something he knows could be dangerous to another person. Otherwise, we would also have to forgive drunk-driving deaths as "accidents." This was the same in principle as, though lesser in degree than, a drunk driving death. Good Night and Good Grief
johnnya2
Thu, Jul 7, 2011 : 1:54 p.m.
An accident that was caused when somebody breaks the law is no longer an accident. The prosecutors JOB is to investigate something like this. I suppose if they were playing with a gun and the one kid killed Ian you would be ok with "it was just an accident" defense? Sixteen year olds have not had experience driving and do many stupid things because they are 16. When you do stupid things, sometimes you get punished for not doing the right thing. Sometimes a steep price is paid for stupid decisions.
say it plain
Thu, Jul 7, 2011 : 5:19 a.m.
Um, I presume the prosecutors in town 'justify their existence' by prosecuting violations of the law. Like what happened in this case, especially if the driver was going over 15 miles per hour with a minor in his truckbed...nay! on the truckbed cover with feet on the bumper! Because that would count as against the law. And someone died as a result. Reckless driving and intentional killing are different things; nobody seems to be ready to claim this wasn't an accident, but we have laws that exist to try and prevent such accidents from occurring, and the driver violated these. I can't imagine that charging him with reckless driving would 'ruin' the young man's life, but for sure the life of his friend was ruined by the recklessness that they engaged in. Should we take those laws about not letting people drive around with passengers on their hoods off the books?
5c0++ H4d13y
Thu, Jul 7, 2011 : 1:17 a.m.
A simple reckless driving charge would seem justified. At the very least.
KeepingItReal
Wed, Jul 6, 2011 : 10:45 p.m.
It is so unfortunate that this young man lost his life. His family has reconciled this was an accident and is willing to forgive. What purpose is there for the prosecutor to pursue criminal charges other than for political reasons?
say it plain
Thu, Jul 7, 2011 : 12:44 a.m.
What would the political reasons be?!
Ace Ventura
Wed, Jul 6, 2011 : 9:57 p.m.
As far as prosecutors are concerned people are guilty regardless of the facts or circumstances. Just look at Nancy Grace!
Charlie Brown's Ghost
Thu, Jul 7, 2011 : 6:41 p.m.
Bogus. First, Nancy Grace isn't a prosecutor. Second, prosecutors don't place guilt on people. They bring them to the court under probable cause of having violated a law, and the court determines guilt. This is their job and responsibility, not a hobby in which they have the freedom to can choose to what degree they will participate on their own whim. Good Night and Good Grief
KMHall
Wed, Jul 6, 2011 : 8:57 p.m.
The driver and his family will suffer plenty without charges being pressed. The driver could, however, be asked to help in a program to educate other youngsters about such dangers. He would feel better knowing that he might actually save some lives through this effort.
Tom Joad
Wed, Jul 6, 2011 : 8:33 p.m.
The People of the State of Michigan vs Defendant. It's in the public interest to prosecute. More than likely he will receive probation and the state will have met its duty in deterring further game play on the road.
say it plain
Thu, Jul 7, 2011 : 12:37 a.m.
I think he must mean that it is indeed 'game playing' to put your foot to the accelerator *at all* when there is someone sitting on the truck bed cover with his feet to the bumper. I agree...this is sad, but there should be some charges here. I'm assuming it is against the law to drive around with someone in that position. If the driver knew his friend was there, he was violating the standards of safety we've codified for a reason. The driver would likely receive probation and probably feel better for it, because technically he *did* violate statute if going at least 15 mph. Perhaps indeed it would be considered a violation to let someone ride on the truck bed *cover* at any speed at all...that's got to be analogous to allowing someone to ride on your car trunk really. I'm sure the kid feels terrible but this is different than regular ol' horseplay resulting in a terrible fall and death, there are statutes for conduct with vehicles that should not be ignored. Do drunk drivers mean to cause the death of their friends in accidents? Of course not. Should those laws be suspended because we feel the friend has suffered enough already? I don't think so.
jcj
Wed, Jul 6, 2011 : 10:54 p.m.
If you are serious about "deterring further game play on the road" You are not to be taken serious! Where did it say there was any game playing on the road?
jcj
Wed, Jul 6, 2011 : 8:32 p.m.
For any of the holier than thou that would prosecute this young man... You better hope you or yours never make a mistake.
Urban Sombrero
Thu, Jul 7, 2011 : 2:08 a.m.
Well said!
Maureen OSullivan
Wed, Jul 6, 2011 : 7:55 p.m.
This was an accident. Whether the driver should have forced his friend to get inside and buckle up or not doesn't much matter. This young man's friend is now deceased and there is nothing that bringing charges against him will do that he isn't already doing to himself. Don't you think he is beating himself up every single day wishing that he had done things differently. It is tragic. Why add insult to injury? Will he be "rehabilitated?" Will he repay his "debt to society?" Do the right thing and just let him be.
Leanne
Wed, Jul 6, 2011 : 8:22 p.m.
Agreed. I don't understand the mentality of those who insist on assigning blame for everything. Can't we admit that sometimes accidents are just that: accidents?
Lovaduck
Wed, Jul 6, 2011 : 7:20 p.m.
Ignatz is right. One is responsible for the passengers in one's car, even if they do silly things. This IS tragic; young folks believe they're immortal and invincible. Yet there could be a responsibility assigned to the young driver. Sad all around.
Roadman
Wed, Jul 6, 2011 : 7:06 p.m.
Possible charges could include manslaughter or, more likely, negligent homicide for allowing an unsecured passenger in the flatbed area. This case is a tragedy however, and I believe that filing such charges would not be an appropriate exercise of prosecutorial discretion as it would compound a tragedy. The wishes of the decedent's family should be taken into consideration. Remember this is the same office that declined to prosecute the deputies in the West Willow cases with the Lee brothers and also passed on charging Andrew Shirvell when the public was clamoring for action. Why pick on a grieving teenager when those others got free passes by Mackie's office?
Peggy
Wed, Jul 6, 2011 : 6:47 p.m.
I'm not sure what charges could be filed. "Police said the driver had a valid license, wasn't traveling at an excessive rate of speed and wasn't under the influence of alcohol or drugs." It was an extremely tragic and unfortunate accident.
Leanne
Wed, Jul 6, 2011 : 7:39 p.m.
From the Michigan State Police website (FAQ section). Question: Can a person ride in the back of a pickup truck? Answer: It is unlawful for any person under the age of 18 to ride in the open bed of a pickup at a speed greater than 15 miles per hour on a public roadway. MCL 257.682b covers this in detail.
Leanne
Wed, Jul 6, 2011 : 7:37 p.m.
Actually, it's not illegal for adults to ride in the back of a pickup truck.
Ignatz
Wed, Jul 6, 2011 : 7:08 p.m.
Peggy, The driver is responsible to make sure that the passengers are riding in a safe manner. I even think that riding in the bed of a pick up is illegal, let alone riding on the cover of the bed.