This author thinks that Jenner committed an act of simple negligence (carelessness) which should not be elevated to a criminal act involving recklessness. Jenner has made all the news lately with his conversion from a man to a woman. Jenner was an olympic gold medalist in the Decathlon and appeared on a number of television shows as a male actor.
At the accident scene, Jenner made a number of mistakes dealing with law enforcement. Jenner, realizing that he was the prosecution target for a traffic fatality, failed to ask for a lawyer. Jenner, thinking that going along to get along was his best option worked hard to help the Sheriff’s investigators build a case against him. Jenner did not understand that his celebrity status might make him a prime target for prosecution. Jenner made a number of statements which may be used against him.
If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him. — Famous Quotation
Caitlyn Jenner may be charged with vehicular manslaughter
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Mackie was stopped driving in Harlem, New York because his window tint was too dark. He did not demonstrate any impaired driving whatsoever. Of course, the best evidence of impaired driving is impaired driving. The government’s evidence was the standard blood shot glassy eyes with an odor of an alcoholic beverage. The arresting officer apparently threw his notes away so he could not be impeached with his contemporaneous notes.
The defense argued that the videos at the police station showed no signs of impairment in Mackie. The prosecution argued that he must have sobered up between the time of driving, with no signs of impaired driving, and when he got to the police station. Mackie refused to blow into the government’s breath testers. He also refused the gymnastic tests at the station.
It all came down to simple belief in the police officer who apparently threw away his notes testifying about a case two years later. The Judge found the officer’s practice of destroying evidence troubling and though the prosecution ought to look into it. Nevertheless, the Court sided with the police officer despite the video showing a sober Mackie and the relevant destroyed evidence. If the Judge had dismissed the charge the government might consider changing that practice. Since the government won it will continue destroying evidence.
Mackie received a fine, a 90 day loss of license and a requirement to take and complete an alcohol education class.
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