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rbrnmw

(7,160 posts)
Wed Sep 17, 2014, 02:59 AM Sep 2014

This message was self-deleted by its author

This message was self-deleted by its author (rbrnmw) on Tue Sep 30, 2014, 07:29 PM. When the original post in a discussion thread is self-deleted, the entire discussion thread is automatically locked so new replies cannot be posted.

127 replies = new reply since forum marked as read
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This message was self-deleted by its author (Original Post) rbrnmw Sep 2014 OP
Hug her tight, she needs to know she is loved, no matter the outcome. Tikki Sep 2014 #1
Nobody can visit her rbrnmw Sep 2014 #3
That is a horrible situation. Uncle Joe Sep 2014 #2
Difficult news to bear. TexasTowelie Sep 2014 #4
Positive vibes going out to all involved. Enthusiast Sep 2014 #5
She needs an attorney NOW! A HERETIC I AM Sep 2014 #6
absolutely correct Skittles Sep 2014 #7
She has a court appointed attorney rbrnmw Sep 2014 #8
Why do they think she was "under the influence"? Did they do blood test / breathalyzer? MH1 Sep 2014 #17
^^ THIS ^^ Duppers Sep 2014 #18
I posted article link below rbrnmw Sep 2014 #29
presumably they took a sample of her blood to test for alcohol and drugs magical thyme Sep 2014 #58
Suicide watch. See post 3. <eom> Massacure Sep 2014 #102
Thank you, rbrnmw.. no mention about brakes failing.. but, it seems that when she Cha Sep 2014 #114
That was my first thought, also Warpy Sep 2014 #52
Call the State Bar and see about getting her a Pro Bono lawyer. You can also look below Lochloosa Sep 2014 #28
How terribly tragic, for everyone involved. sabrina 1 Sep 2014 #9
She is such a good girl rbrnmw Sep 2014 #10
The media is cruel. I hope she isn't reading it. Does she have a family who sabrina 1 Sep 2014 #11
Her grandma and aunts rbrnmw Sep 2014 #12
Good for you, she will need a lot of support. sabrina 1 Sep 2014 #48
this is critical, rbrnmw Skittles Sep 2014 #54
I want her to know she means a lot to us rbrnmw Sep 2014 #61
I hope she has no access to television or newspapers. nt rbrnmw Sep 2014 #14
write down all your observations regarding when you saw her Skittles Sep 2014 #53
She might have a civil suit against the car manufacturer. Manifestor_of_Light Sep 2014 #13
I'm so sorry about this terrible Unknown Beatle Sep 2014 #15
I'm not an attorney. But ... Old Crow Sep 2014 #16
"demonstrate that you want to present an aggressive defense " A HERETIC I AM Sep 2014 #19
Yes I am going to call her grandma today with this list to give her rbrnmw Sep 2014 #23
Excellent post. I hope the OP sees it and copies it for reference. sabrina 1 Sep 2014 #49
Looks like excellent compelling advice, Old Crow.. and this>>>> Cha Sep 2014 #115
You are all in my thoughts. Granny M Sep 2014 #20
This is what I would do. aikoaiko Sep 2014 #21
Good idea; I like it. Old Crow Sep 2014 #22
I don't know how to do that rbrnmw Sep 2014 #24
Did you try looking around the website? I'd be surprised if it does not walk you through how merrily Sep 2014 #27
Your first step... Old Crow Sep 2014 #36
Thank You it was easy I set it up rbrnmw Sep 2014 #40
This message was self-deleted by its author Old Crow Sep 2014 #42
My gosh those comments are over the top yeoman6987 Sep 2014 #103
Commenters induced gofundme to remove accounts for Amanda Knox and pnwmom Sep 2014 #117
Did they remove it? Did they tell you why? Do they have a policy now pnwmom Sep 2014 #118
They have a good "how to" section aikoaiko Sep 2014 #37
They told my son 5000 rbrnmw Sep 2014 #25
That's about what I would expect and that's doable with Gofundme. aikoaiko Sep 2014 #34
So I've heard I am afraid for her rbrnmw Sep 2014 #38
As a former paralegal married to an attorney, liberalhistorian Sep 2014 #47
How very awful for everyone touched by this. merrily Sep 2014 #26
I posted article link below rbrnmw Sep 2014 #30
Remember Laura Bush's accident? mahina Sep 2014 #31
Yes my.husband and I just discussed Laura Bush rbrnmw Sep 2014 #32
Laura was 20 at the time too (or close to it) yeoman6987 Sep 2014 #105
She was barely 17, YarnAddict Sep 2014 #109
Thanks for the non-judgemental comments rbrnmw Sep 2014 #33
Go fund me Devin Defense rbrnmw Sep 2014 #35
I'm so very sorry. How dreadful and sad. My best wishes. cali Sep 2014 #39
Thanks cali rbrnmw Sep 2014 #41
Knr roody Sep 2014 #43
If it can be shown that her brakes failed, then she may not be found responsible Orrex Sep 2014 #44
This message was self-deleted by its author magical thyme Sep 2014 #60
How awful for everyone. leftyladyfrommo Sep 2014 #45
So sorry you are going through this rbrnmw Sep 2014 #46
Kick aikoaiko Sep 2014 #50
This message was self-deleted by its author Glimmer of Hope Sep 2014 #51
K roody Sep 2014 #55
how sad Liberal_in_LA Sep 2014 #56
I know it's after the fact for this tragedy and my heart goes out Cleita Sep 2014 #57
If she doesn't have enough money raised jen63 Sep 2014 #59
Criminal defense attorney here..... msanthrope Sep 2014 #62
Oh I didnt know she said that rbrnmw Sep 2014 #63
This is from a newspaper article referencing a police report. This is not "truth" so much as it is msanthrope Sep 2014 #67
Best advice on the thread. former9thward Sep 2014 #86
Definitely needs a lawyer! If she says her brakes failed, she saw the light and did try to stop. hedgehog Sep 2014 #64
2001 toyota corollas have history of sudden acceleration w/frozen brakes magical thyme Sep 2014 #65
re: police statements that they believe she was on "alcohol or drugs" magical thyme Sep 2014 #66
I assume you wil ltestify that she was sober in court KamaAina Sep 2014 #68
Seriously? LisaL Sep 2014 #79
Honesty is the best Policy Upsetcitizen Sep 2014 #69
Welcome to Du, a couple questions and comments uppityperson Sep 2014 #71
Close Upsetcitizen Sep 2014 #72
What matters is her drug/alcohol blood tests immediately after the accident. Period. uppityperson Sep 2014 #73
you'll find out Upsetcitizen Sep 2014 #74
The whole situation sounds awful and it is true, no one knows the complete facts. uppityperson Sep 2014 #75
You have my complete sympathy... countryjake Sep 2014 #83
Thank you Upsetcitizen Sep 2014 #89
Well, welcome to DU! countryjake Sep 2014 #91
Just disgusting Upsetcitizen Sep 2014 #96
My apologies for my prior rudeness and my condolences on all who were hurt, killed. uppityperson Sep 2014 #99
Unnecessary Upsetcitizen Sep 2014 #101
welcome to DU, Upsetcitizen Skittles Sep 2014 #110
...... seabeyond Sep 2014 #87
Thanks for posting the other side of the coin. Vinca Sep 2014 #121
If she was not under the influence of alcohol or drugs, she needs a thorough medical checkup Lydia Leftcoast Sep 2014 #70
It's called a mal-petit seizure. Cleita Sep 2014 #77
I can very well guess what her actual condition is, considering she was stopped by police earlier LisaL Sep 2014 #95
Justice for Jim JusticeforJimHaley Sep 2014 #76
For what it is worth, they posted that right after the accident and have not been on our forum since uppityperson Sep 2014 #78
Horrible all around. rug Sep 2014 #80
people reacted based on what was posted Skittles Sep 2014 #81
My deepest condolences for your family's loss. greatauntoftriplets Sep 2014 #82
I'm so sorry for your loss and everything your family is going through. PeaceNikki Sep 2014 #84
Perfectly put! Upsetcitizen Sep 2014 #85
and we weep, for all.... i am sorry. nt seabeyond Sep 2014 #88
While I'm sorry for your loss, more than I can say.... moriah Sep 2014 #92
I am so sorry for your family's loss magical thyme Sep 2014 #112
I'm very sorry for what your family has been through. Old Crow Sep 2014 #120
So sorry about your Uncle and your family - elehhhhna Sep 2014 #122
I am so sorry for your loss rbrnmw Sep 2014 #123
I'm sorry for your loss and your pain. I wish Hailey a speedy recovery. lumberjack_jeff Sep 2014 #126
I am so sorry! :^( GreenPartyVoter Sep 2014 #90
This Medical Fund for poor little Haley Derbyshire is where monies should go! countryjake Sep 2014 #93
^^This^^ Algernon Moncrieff Sep 2014 #100
Yes, that picture of the little girl, her broken body, just broke my heart... countryjake Sep 2014 #107
Agreed. Old Crow Sep 2014 #116
It would be best to delete this OP and your fundraiser. n/t tammywammy Sep 2014 #94
edit _ I see the comments on the fundraising site are very negative Liberal_in_LA Sep 2014 #97
Well, at least to me, the OP seems to be highly misleading. LisaL Sep 2014 #98
The OP was posted soon after the accident, maybe before some of this info was made public. uppityperson Sep 2014 #104
But now that this information is available, it doesn't look that the OP paints an accurate picture. LisaL Sep 2014 #106
I'm so sorry! Solly Mack Sep 2014 #108
Well this took a very interesting turn... Phentex Sep 2014 #111
This message was self-deleted by its author nofilterisme Sep 2014 #113
This message was self-deleted by its author nofilterisme Sep 2014 #119
I am sorry I posted this and that I upset so many people rbrnmw Sep 2014 #124
It is human nature to want to support the people we know. lumberjack_jeff Sep 2014 #125
I can understand why you posted it YarnAddict Sep 2014 #127

Tikki

(15,140 posts)
1. Hug her tight, she needs to know she is loved, no matter the outcome.
Wed Sep 17, 2014, 03:07 AM
Sep 2014


Tikki

rbrnmw

(7,160 posts)
3. Nobody can visit her
Wed Sep 17, 2014, 03:10 AM
Sep 2014

She is on suicide watch but the first chance I get I will let her know how much we love her.

Uncle Joe

(65,134 posts)
2. That is a horrible situation.
Wed Sep 17, 2014, 03:07 AM
Sep 2014

Peace and healing to everyone involved.

Thanks for sharing, rbrnmw.

TexasTowelie

(127,350 posts)
4. Difficult news to bear.
Wed Sep 17, 2014, 03:21 AM
Sep 2014

Enthusiast

(50,983 posts)
5. Positive vibes going out to all involved.
Wed Sep 17, 2014, 03:21 AM
Sep 2014

A HERETIC I AM

(24,876 posts)
6. She needs an attorney NOW!
Wed Sep 17, 2014, 03:23 AM
Sep 2014

I'm sorry that this tragedy has struck so close to home, but this young lady needs to secure legal counsel immediately.

Skittles

(171,713 posts)
7. absolutely correct
Wed Sep 17, 2014, 03:28 AM
Sep 2014

rbrnmw

(7,160 posts)
8. She has a court appointed attorney
Wed Sep 17, 2014, 03:33 AM
Sep 2014

I wish I could help her but I'm poor myself. I feel she won't get the best legal services and someone needs to inspect her car. They need to prove her brakes failed.

MH1

(19,156 posts)
17. Why do they think she was "under the influence"? Did they do blood test / breathalyzer?
Wed Sep 17, 2014, 04:55 AM
Sep 2014

Last edited Tue Sep 23, 2014, 11:11 PM - Edit history (1)

She would have been stunned and in shock immediately after the accident. I find it hard to believe that a credible assertion of "appeared under the influence" could be made without hard evidence. But, if they did a breathalyzer and she failed, is it possible that she has previously undiagnosed diabetes, or another condition that could have caused a false positive?

These are a few questions that spring to mind, that hopefully her attorney will be pushing hard.

Good luck and I hope that that you are able to get the evidence of a problem with the brakes, or in any case resolve the situation.

Edit: Upon reading further info posted below by some people close to the victims, I agree with the assessment that it would be wise to take a step back. Yes you want the best defense possible for this young woman, but if indeed she was clearly DUI then she needs to accept responsibility for her tragic mistakes. And you and your son need to accept that sometimes, someone we love really is in the wrong.

Duppers

(28,469 posts)
18. ^^ THIS ^^
Wed Sep 17, 2014, 05:26 AM
Sep 2014
 

magical thyme

(14,881 posts)
58. presumably they took a sample of her blood to test for alcohol and drugs
Wed Sep 17, 2014, 09:17 PM
Sep 2014

Without test results showing drugs or alcohol in her system, they have nothing.

Somebody needs to look at the cars brakes.



Why is she not allowed visitors?

Massacure

(7,593 posts)
102. Suicide watch. See post 3. <eom>
Tue Sep 23, 2014, 08:48 PM
Sep 2014

Cha

(319,076 posts)
114. Thank you, rbrnmw.. no mention about brakes failing.. but, it seems that when she
Sun Sep 28, 2014, 05:52 AM
Sep 2014

hit another car after the motorcycle that something was amiss and badly!

No mention of whether they tested her for alcohol.. just that.. ".. Downour is in custody at the Fairfield County jail. Police had said she also could face an operating a vehicle under the influence of alcohol or drug of abuse and more charges."

Hope it turns out okay for her.. and I'm sorry for James E. Lowe Jr who was killed and his granddaughter who was injured.

Warpy

(114,615 posts)
52. That was my first thought, also
Wed Sep 17, 2014, 07:07 PM
Sep 2014

People in shock do appear drunk. I've seen it many times.

Lochloosa

(16,734 posts)
28. Call the State Bar and see about getting her a Pro Bono lawyer. You can also look below
Wed Sep 17, 2014, 06:54 AM
Sep 2014

sabrina 1

(62,325 posts)
9. How terribly tragic, for everyone involved.
Wed Sep 17, 2014, 03:37 AM
Sep 2014

I can understand how she feels.

rbrnmw

(7,160 posts)
10. She is such a good girl
Wed Sep 17, 2014, 03:43 AM
Sep 2014

She is being painted in the local media as a horrible person. I can understand that but a I can't read it all the way through without crying for everyone involved. I can't sleep I am so worried about her.

sabrina 1

(62,325 posts)
11. The media is cruel. I hope she isn't reading it. Does she have a family who
Wed Sep 17, 2014, 03:46 AM
Sep 2014

can stand up for her? She needs to get the information about the brakes out there.

I cannot imagine what a nightmare this is. I am so sorry, poor girl, she must be terrified.

So sorry for you also.

rbrnmw

(7,160 posts)
12. Her grandma and aunts
Wed Sep 17, 2014, 03:50 AM
Sep 2014

My son wants to visit and go to all her court hearings I will go with him.

sabrina 1

(62,325 posts)
48. Good for you, she will need a lot of support.
Wed Sep 17, 2014, 04:43 PM
Sep 2014

Skittles

(171,713 posts)
54. this is critical, rbrnmw
Wed Sep 17, 2014, 08:23 PM
Sep 2014

the support she gets now will very much determine how the rest of her life plays out - your son and you can make all the difference

rbrnmw

(7,160 posts)
61. I want her to know she means a lot to us
Thu Sep 18, 2014, 09:35 AM
Sep 2014

rbrnmw

(7,160 posts)
14. I hope she has no access to television or newspapers. nt
Wed Sep 17, 2014, 04:08 AM
Sep 2014

Skittles

(171,713 posts)
53. write down all your observations regarding when you saw her
Wed Sep 17, 2014, 07:56 PM
Sep 2014

you could be an important witness for her defense

 

Manifestor_of_Light

(21,046 posts)
13. She might have a civil suit against the car manufacturer.
Wed Sep 17, 2014, 03:50 AM
Sep 2014

If they knew about the brake problem and didn't do a recall.

Unknown Beatle

(2,691 posts)
15. I'm so sorry about this terrible
Wed Sep 17, 2014, 04:44 AM
Sep 2014

situation you, your family, and the young woman are going through. My thoughts and prayers to all of you.

Old Crow

(2,268 posts)
16. I'm not an attorney. But ...
Wed Sep 17, 2014, 04:53 AM
Sep 2014

... from what little I've read online about situations like yours compels me to offer the following advice.

1. Make absolutely sure that the court-appointed attorney (COA) reviews the police report and video tape with great care, multiple times. You and the defendant should also review both of them, multiple times, in case you should spot something the COA misses.

2. If the COA advises her to plead guilty at the arraignment, he or she probably is not doing his or her job. Most courts don't provide the COA the evidence he or she will need to evaluate the case until AFTER the arraignment. She can always plead guilty later, if that proves to be the best course.

3. If the police never administered a DUI test to her, and it's just the opinion of one or two officers who neglected to administer a test, the COA needs to be all over that like a pit bull on a rag doll. If you hugged her 45 minutes beforehand, found her to be "fine" and smelled no trace of alcohol, that testimony is vitally important. There is an abundance of information available as to how long it takes for a person of a given weight and sex to become drunk. If the COA puts together a timeline, to the minute--when you hugged her, where she was every minute prior to the accident--he or she may be able to demonstrate that it was physically impossible for the defendant to be intoxicated at the time of the accident. If she stopped at a convenience store and made any kind of purchase with a debit card prior to the accident, that could be important. The purchase will be tagged with the exact time. Security camera footage may be able to prove that she was walking normally and not visibly impaired.

4. If the brakes failed, evidence of such failure (a mechanical inspection, LOTS of photos, testimony from a mechanic, information on brake failures that have occurred on the same make, model, and year of car) needs to be compiled. If such evidence can be compiled, to my mind, that would be an excellent reason to plead Not Guilty.

5. Feel free to print out this list and show it to the COA. Attorneys are not flawless and sometimes can benefit from an outsider's observations. At the very least, it will demonstrate that you want to present an aggressive defense and that you are thinking hard about all aspects of the case.

Assure the defendant that this is not the end of the world; that bad things sometimes randomly happy to good people; that many before her have extricated themselves out of legal situations that looked dire; and that she has her whole life ahead of her. Urge her to NOT allow this tragic event to define her, but rather to be an unfortunate, early passage in the great book of her life, whose chapters she has yet to write.

A HERETIC I AM

(24,876 posts)
19. "demonstrate that you want to present an aggressive defense "
Wed Sep 17, 2014, 05:30 AM
Sep 2014

Best advice on this thread.



FORCE THE COURT APPOINTED ATTORNEY'S HAND. MAKE HIM DO HIS JOB.

rbrnmw

(7,160 posts)
23. Yes I am going to call her grandma today with this list to give her
Wed Sep 17, 2014, 06:29 AM
Sep 2014

sabrina 1

(62,325 posts)
49. Excellent post. I hope the OP sees it and copies it for reference.
Wed Sep 17, 2014, 04:45 PM
Sep 2014

Cha

(319,076 posts)
115. Looks like excellent compelling advice, Old Crow.. and this>>>>
Sun Sep 28, 2014, 05:56 AM
Sep 2014
"Assure the defendant that this is not the end of the world; that bad things sometimes randomly happy to good people; that many before her have extricated themselves out of legal situations that looked dire; and that she has her whole life ahead of her. Urge her to NOT allow this tragic event to define her, but rather to be an unfortunate, early passage in the great book of her life, whose chapters she has yet to write."

Granny M

(1,398 posts)
20. You are all in my thoughts.
Wed Sep 17, 2014, 05:43 AM
Sep 2014

There is some good advice above in this thread. Please keep us posted about how it's going for her, and all of you.

aikoaiko

(34,214 posts)
21. This is what I would do.
Wed Sep 17, 2014, 05:54 AM
Sep 2014

Find out out the typical retainer for aggravated vehicular homicide and start a gofundme for her legal defense. I wouldn't oversell her innocence. I would talk about caring for your friend and wanting her to have decent legal representation.

When a death is involved I wouldn't leave it to court appointed attorney.

Good luck. Even if she is accountable for the death and injury she still deserves good legal representation.

Old Crow

(2,268 posts)
22. Good idea; I like it.
Wed Sep 17, 2014, 06:01 AM
Sep 2014

To the original poster: Of course, if a GoFundMe is started, be sure to let everyone here on DU know about it.

rbrnmw

(7,160 posts)
24. I don't know how to do that
Wed Sep 17, 2014, 06:30 AM
Sep 2014

merrily

(45,251 posts)
27. Did you try looking around the website? I'd be surprised if it does not walk you through how
Wed Sep 17, 2014, 06:39 AM
Sep 2014

to it on some page or other.

Old Crow

(2,268 posts)
36. Your first step...
Wed Sep 17, 2014, 08:15 AM
Sep 2014

... would be to click on this link: http://www.gofundme.com/.

(Alternately, you could just do a Google search on GoFundMe, which should show you the website at the top of its returns for the search.)

Then you'll need to click the button that says "Sign Up Free" to set up your account. GoFundMe has a support staff that will respond to any question you have within five minutes.

Basically, what we're suggesting you do is to use GoFundMe to raise funds for this young woman's legal defense online. I think the idea is excellent and I hope it works for you. Feel free to post again if you have questions.

rbrnmw

(7,160 posts)
40. Thank You it was easy I set it up
Wed Sep 17, 2014, 08:20 AM
Sep 2014

Response to rbrnmw (Reply #40)

 

yeoman6987

(14,449 posts)
103. My gosh those comments are over the top
Tue Sep 23, 2014, 09:40 PM
Sep 2014

I could only get through 20. Obviously tough for everyone in the town, but I never witnessed worse comments on anything.

pnwmom

(110,261 posts)
117. Commenters induced gofundme to remove accounts for Amanda Knox and
Sun Sep 28, 2014, 07:31 AM
Sep 2014

Raffaele Sollecito.

It is a real problem that some people would deny legal representation, and that gofundme would cooperate in that.

pnwmom

(110,261 posts)
118. Did they remove it? Did they tell you why? Do they have a policy now
Sun Sep 28, 2014, 07:32 AM
Sep 2014

against allowing the funding of a legal defense?

This is what they did to Amanda Knox and Raffaele Sollecito.

aikoaiko

(34,214 posts)
37. They have a good "how to" section
Wed Sep 17, 2014, 08:16 AM
Sep 2014

Have a couple of people review the narrative your present. If you have people at DU you trust, pass it by them.

rbrnmw

(7,160 posts)
25. They told my son 5000
Wed Sep 17, 2014, 06:31 AM
Sep 2014

aikoaiko

(34,214 posts)
34. That's about what I would expect and that's doable with Gofundme.
Wed Sep 17, 2014, 08:10 AM
Sep 2014

Its been a while since I've seen very recents stats, but about 10 years ago the stats on acquittals, convictions, and sentences were much worse for court appointed attorneys.

rbrnmw

(7,160 posts)
38. So I've heard I am afraid for her
Wed Sep 17, 2014, 08:17 AM
Sep 2014
http://www.gofundme.com/emo6q8

I really want to help I love her like my own child

liberalhistorian

(20,905 posts)
47. As a former paralegal married to an attorney,
Wed Sep 17, 2014, 11:19 AM
Sep 2014

I can say that that is, unfortunately, correct. However, a lot of the time it's not because they don't care or don't want to do their best. They are hampered by severe underfunding, understaffing, a horrendous workload (often 50 cases or more per DAY, depending on the area), and restrictions on their ability to fully obtain needed evidence and to develop and present a full, fair and aggressive defense. While private attorneys can do as full a discovery as possible without having to get clearance from the court, the COA must obtain permission from the court for any expenditure on defense discovery beyond the pittance allotted them. I could go on and on, but you get the idea.

I think many of the suggestions on this thread so far are good ones and I hope the OP takes on at least some of them. I would be aggressive in getting the car checked, in getting the young woman a thorough medical checkup and in making sure there is actual verifiable scientific EVIDENCE of any DUI impairment, and not just the "opinion" of a police officer. As someone else said, most people would be in great shock just after such an accident, especially with fatalities involved, and too many police often just assume some type of chemical impairment. In most jurisdictions, DUI testing is either mandatory or quite routine, if not required, so make sure that that was done and that the results are made available. Sometimes accidents are just that, horrible accidents, and it's not always automatically the driver's fault.

And I hope that young woman is receiving at least some kind of psychiatric care, especially if she's on suicide watch. Good luck with the Go Fund Me campaign, I wish I were in a position to contribute.

merrily

(45,251 posts)
26. How very awful for everyone touched by this.
Wed Sep 17, 2014, 06:37 AM
Sep 2014

I wish you peace in all this and courage and health.

Be strong and steadfast for your son and her and for the loved ones of the 7 year old. All are suffering. And take care of yourself, so you can be there for those who need you.

mahina

(20,645 posts)
31. Remember Laura Bush's accident?
Wed Sep 17, 2014, 07:30 AM
Sep 2014

Also, I am touched, impressed and blown away by the outstanding insights offered above. Thanks for being there as a community of wise helpers for this DUer.

rbrnmw

(7,160 posts)
32. Yes my.husband and I just discussed Laura Bush
Wed Sep 17, 2014, 07:34 AM
Sep 2014

The difference is money

 

yeoman6987

(14,449 posts)
105. Laura was 20 at the time too (or close to it)
Tue Sep 23, 2014, 09:43 PM
Sep 2014

She didn't become rich until she married George.

 

YarnAddict

(1,850 posts)
109. She was barely 17,
Wed Sep 24, 2014, 09:07 AM
Sep 2014

and there was no indication of intoxication. Furthermore, the other person was driving a Corvair, well known to be a dangerous vehicle.

rbrnmw

(7,160 posts)
33. Thanks for the non-judgemental comments
Wed Sep 17, 2014, 07:41 AM
Sep 2014

Last edited Wed Sep 17, 2014, 08:13 AM - Edit history (1)

And outpouring of love that is so touching thanks for the educated advice.

rbrnmw

(7,160 posts)
35. Go fund me Devin Defense
Wed Sep 17, 2014, 08:13 AM
Sep 2014
 

cali

(114,904 posts)
39. I'm so very sorry. How dreadful and sad. My best wishes.
Wed Sep 17, 2014, 08:17 AM
Sep 2014

rbrnmw

(7,160 posts)
41. Thanks cali
Wed Sep 17, 2014, 08:21 AM
Sep 2014

roody

(10,849 posts)
43. Knr
Wed Sep 17, 2014, 08:58 AM
Sep 2014

Orrex

(67,111 posts)
44. If it can be shown that her brakes failed, then she may not be found responsible
Wed Sep 17, 2014, 09:49 AM
Sep 2014

A terribly sad story. Best wishes to her and her family and to the family of the victims.

Response to Orrex (Reply #44)

leftyladyfrommo

(20,005 posts)
45. How awful for everyone.
Wed Sep 17, 2014, 10:36 AM
Sep 2014

I've known several families that have been thru the same thing. We all make mistakes and sometimes they can have serious consequences.

My best friend's grandson was drunk and going way too fast and hit another car head on. He was driving down the wrong side of the road. He and the other driver were killed. His step father was a highway patrol officer.

Another friend's son was in an accident where an old man was killed and his granddaughter injured. He is facing involuntary manslaughter charges.

And it might have been mechanical failure.

That is just so sad.

rbrnmw

(7,160 posts)
46. So sorry you are going through this
Wed Sep 17, 2014, 11:05 AM
Sep 2014

aikoaiko

(34,214 posts)
50. Kick
Wed Sep 17, 2014, 06:18 PM
Sep 2014

If you wish to help:

http://www.gofundme.com/emo6q8

Response to rbrnmw (Original post)

roody

(10,849 posts)
55. K
Wed Sep 17, 2014, 09:05 PM
Sep 2014
 

Liberal_in_LA

(44,397 posts)
56. how sad
Wed Sep 17, 2014, 09:07 PM
Sep 2014

Cleita

(75,480 posts)
57. I know it's after the fact for this tragedy and my heart goes out
Wed Sep 17, 2014, 09:15 PM
Sep 2014

to you and this young girl. However, one of things people should know is emergency moves for when your brakes go out. Yes, I know, we are supposed to keep our cars maintained so stuff like this doesn't happen, but it does and it's often no fault of the car owner or driver. I have had brakes fail on me several times in my life, but I knew what to do to avoid losing control of the car.

jen63

(813 posts)
59. If she doesn't have enough money raised
Wed Sep 17, 2014, 09:40 PM
Sep 2014

for a retainer by the time of her arraignment for a "real" attorney, the court appointed attorney should advise her to plead not guilty. You ALWAYS plead not guilty at the arraignment. In addition, if the authorities suspect alcohol was involved, many states have a time limit on testing. You are in the same state that I am. The legal time limit for a sobriety test is two hours. If they took the test after that two hour window, it is worthless to the prosecution. Good luck, I'm sorry you're going through this. She's just a baby, how tragic.

Edit to add: the attorney also needs to ask for bond. Witnesses need to be available to show ties to the community to prove that she is not a flight risk. She should offer to give up her passport if she has one. Ask for 10% allowable bond. That's important, if they do allow bond it will probably be pretty high, if she can post 10%, it's a lot easier to do financially.

 

msanthrope

(37,549 posts)
62. Criminal defense attorney here.....
Thu Sep 18, 2014, 10:09 AM
Sep 2014

First of all, I am not your attorney, nor am I her attorney, so I will not give you legal advice that should be taken or construed as personal to this case.

Does your family friend have a court-appointed attorney? If so, I would consult with them before fundraising. Fundraising may affect her eligibility as an indigent client of the public defender.

This is an incident that seriously injured a 7 year-old, killed her grandfather, and injured two other people in a car. Without citing liability or assessing blame, I urge you to step back and think carefully as to what your involvement should be.

My understanding is that blood was drawn, and that Ms. Downour indicated to police that she fell asleep while driving at 6:30 p.m. Again...I urge caution and consulting with her attorney before you take other steps.

rbrnmw

(7,160 posts)
63. Oh I didnt know she said that
Thu Sep 18, 2014, 10:54 AM
Sep 2014

her friends are spreading rumors and we aren't sure what's true and what's not My son is going to talk to her family today I will update

 

msanthrope

(37,549 posts)
67. This is from a newspaper article referencing a police report. This is not "truth" so much as it is
Thu Sep 18, 2014, 12:29 PM
Sep 2014

possible evidence.

I would urge caution in your son's interactions with her family, as those communications are not privileged.

former9thward

(33,424 posts)
86. Best advice on the thread.
Tue Sep 23, 2014, 06:33 PM
Sep 2014

hedgehog

(36,286 posts)
64. Definitely needs a lawyer! If she says her brakes failed, she saw the light and did try to stop.
Thu Sep 18, 2014, 11:04 AM
Sep 2014

I'm wondering if she hit her head and/or was hit in the face by an air bag. That can cause confusion which might appear to others to be DWI.

 

magical thyme

(14,881 posts)
65. 2001 toyota corollas have history of sudden acceleration w/frozen brakes
Thu Sep 18, 2014, 11:09 AM
Sep 2014

and also of stuck cruise control w/locked brakes. So this is something you need to research and also get checked out if at all possible.

I'm reposting what I posted last night so OP will be more likelyto see it. I read that she was driving a 2001 toyota corolla.

it was in 2001 that Toyota first knew of the problem and decided not to fix it.
http://www.aboutlawsuits.com/toyota-recall-lawsuits-mount-7901/


http://www.arfc.org/complaints/2001/toyota/corolla/vehicle_speed_control/problem.aspx
There is a long list of complaints with stuck cruise control/brake failures and sudden acceleration all with 2001 corollas starting from when they were brand new. Here are a few:

Car problem(s) with the 2001 TOYOTA COROLLA. This database includes information received by NHTSA from consumers either directly or as recorded by the Vehicle Safety Hotline. This information may be used by NHTSA during the investigation process. You may file your own complaint by calling the NHTSA Monday-Friday 8am to 8pm at (888) 327-4236, TTY: (800) 424-9153.

Feb 18, 2010 - Jeffersonville, IN - Vehicle Speed Control
2001 TOYOTA COROLLA WOULD NOT STOP WAS GOING BACKWARDS AND CRASHED INTO HOUSE. NOV 12. 2009. I TURNED THE ENGINE OFF HALFWAY THROUGH THE TRAVEL FROM POINT A TO POINT B.

Feb 16, 2010 - Hudsonville, MI - Vehicle Speed Control
ENTERED FREEWAY DRIVING 2001 TOYOTA COROLLA. ACCELERATED TO 70 MPH AND WHILE MOVING INTO THE LEFT-HAND LANE, GAS PEDAL WOULD NOT RELEASE AND TRIED BRAKING BUT THEY WOULD NOT ENGAGE AND STEERING WOULDN'T RELEASE. WENT INTO THE MEDIAN AND ROLLED OVER THREE TIMES. COMPLETELY TOTALED THE CAR AND I WAS TAKEN BY AMBULANCE TO NEARBY HOSPITAL WHEN I WAS EVALUATED AND RELEASED. HAVE HAD 10 SURGERIES SINCE ACCIDENT INCLUDING A TOTAL HIP REPLACEMENT AND NOW A 3RD TOTAL KNEE REPLACEMENT. I ALSO SUFFERED A CONCUSSION. POLICE DOCUMENTATION ON TRAFFIC CRASH REPORT VERIFIES THAT GAS PEDAL/BRAKE NOT ENGAGING WAS CAUSE OF ACCIDENT.

Feb 20, 2005 - Florence, SC - Cruise Control
WE WERE TRAVELING FROM TX TO SC USING CRUISE CONTROL (CC) ON MY 2001 TOYOTA COROLLA LE. HEAT WAS NOTED ON THE CC SWITCH ON 2/16/05. ON 2/17/2005 THE CRUISE CONTROL WAS ENGAGED AT 75 MPH. THE CC FAILED TO DISENGAGE WHEN BRAKES WERE APPLIED; CC FAILED TO DISENGAGE AT THE SWITCH. THE ACCELERATION WOULD NOT STOP DESPITE BRAKE APPLICATION. THE TRANSMISSION SELECTOR WAS PUT INTO NEUTRAL AND THE CAR WAS STOPPED WITH FOOT AND EMERGENCY BRAKES THE ENGINE CONTINUED TO RACE AT HIGH RPMS UNTIL THE ENGINE WAS TURNED OFF. AN I-10 ALABAMA LAW ENFORCEMENT AGENT DISABLED THE CC BY REMOVING THE CC FUSE DISCONNECTING SOMETHING AT THE THROTTLE BODY. THIS INCIDENT NEARLY CAUSED A HIGH SPEED COLLISION. THE COROLLA 1NXBR12E5Z534307 WILL BE SERVICED AT THE TOYOTA DEALERSHIP IN FLORENCE, SC.


Mar 09, 2004 - Elk Grove, CA - Vehicle Speed Control
2001 TOYOTA COROLLA - REGARDING SUDDEN SURGE. I HAVE NOTICED ON MANY OCCASIONS THAT MY COROLLA WILL SURGE FORWARD(FROM A STOP). I JUST EQUATED IT WITH THE DEFROSTER TURNING ON(AC PUMP). MAYBE THERE IS MORE TO IT?

Oct 30, 2002 - Bar Harbor, ME - Vehicle Speed Control
I HAD BEEN DRIVING NORTH ON THE MAINE TURNPIKE WITH MY CRUISE CONTROL ON. IT WAS A CLEAR NIGHT AND THE ROADS WERE DRY. AS I APPROACHED THE TOLL BOTH I TRIED TO TURN MY CRUISE CONTROL OFF, THE CAR DID NOT RESPOND. I THEN TURNED THE CRUISE CONTROL SYSTEM OFF AND THE CAR WAS STILL NOT RESPONDING. I HIT THE BRAKES AND WAS STILL UNABLE TO SLOW THE CAR DOWN. I THEN PUT THE CAR IN NEUTRAL AND SLAMMED ON THE BRAKES AND WAS STILL UNABLE TO GET THE CAR TO RESPOND. AT THAT POINT I WAS TOO CLOSE TO THE TOLL BOTH TO TRY TO SWITCH LANES AND WAS UNABLE TO STOP THE CAR AND HIT THE CAR IN THE TOLL PLAZA IN FRONT OF ME. AFTER THE IMPACT, THE CAR EVENTUALLY COASTED TO A STOP. UNTIL THIS HAPPENED, I HAD NO PROBLEM WITH ANYTHING ON THE CAR. THE CAR HAS NOT BEEN USED SINCE THE ACCIDENT, IN FACT HAS NOT BEEN REPAIRED UNTIL NOW. THERE WERE SOME INJURIES IN THIS CASE. I HAVE A SHOULDER INJURY, WHICH I AM STILL TRING TO GET RESOLVED. I WANT THE INCIDENT TO BE REPORTED DUE TO THE SERIOUSNESS OF BEING UNABLE TO DISENGAGE THE CRUISE CONTROL SYSTEM. AN ACCIDENT REPORT WAS FILED WITH THE MAINE STATE POLICE BUREAU OF MOTOR VEHICLES ACCIDENT SECTION. DT





There's a large study at this site. Here is a snippet:
Vehicle: 2001 TOYOTA COROLLA
Location of Incident: PROSPECT HEIGHTS, IL
NHTSA Summary:
WHILE TRAVELING ON HIGHWAY AT 45 MPH APPLIED ACCELERATOR PEDAL TO PASS,
AND ACCELERATOR PEDAL REMAINED STUCK TO THE FLOOR AND WOULD NOT RETURN,
CAUSING VEHICLE TO SUDDENLY TAKE OFF. CONSUMER WAS ABLE TO SWITCH OFF
VEHICLE, AND COACH ONTO THE SIDE OF ROAD. DEALER WAS NOT CONTACTED AT THIS TIME

Toyota ID No:
NHTSA ODI No: 891865
Date of Incident: 20010622
Vehicle: 2001 TOYOTA COROLLA
Location of Incident: SEVERN, MD
NHTSA Summary:
WHILE BACKING OUT OF A PARKING SPACE CONSUMER NOTICED A NOISE. DEPRESSED
BRAKES AND NOISE GOT LOUDER. THEN VEHICLE ACCLERATED, CAUSING VEHICLE TO
RUN INTO WALL. *AK CONSUMER STATES THAT THE ACCELERATION TOOK PLACE
WHILE SHE WAS SWITCHING INTO DRIVE FROM REVERSE, EVEN THOUGH BRAKE WAS
PRESSED, VEHICLE CONTINUED TO MOVE, AIRBAGS DEPLOYED CAUSING THE
WINDSHIELD TO BREAK, CONSUMER WAS SLIGHTLY BRUISED AND BUMPED DUE TO
DEPLOYMENT OF THE AIRBAGS. *SLC

Toyota ID No:
NHTSA ODI No: 748511
Date of Incident: 20010715
Vehicle: 2001 TOYOTA COROLLA
Location of Incident: FREMONT, CA
NHTSA Summary:
DRIVER WAS TRYING TO PARK THE CAR, THUS THE CAR WAS TRAVELLING AT VERY LOW
SPEED. CAR SUDDENLY SURGED AFTER THE DRIVER APPLIED THE BRAKE. CAR WENT
OVER THE CEMENT TIRE STOPPER, UP A SMALL HILL, HIT A WALL, AND STOPPED. THIS
CANNOT POSSIBLY HAVE BEEN CAUSED BY THE DRIVER HITTING THE ACCELERATOR
PEDAL. THIS IS A SERIOUS SAFETY PROBLEM. WE WILL CONTACT THE DEALER AND THE
MANUFACTURER ON JULY 16, 2001. *AK
http://www.beasleyallen.com/alerts/attachments/SRS%20Report%20on%20Toyota%20Sudden%20Unintended%20Acceleration.pdf


The Los Angeles Times reported that since Toyota and Lexus began installing electronic throttle control systems in 2001, complaints of unintended acceleration with vehicles from both those brands rose sharply.
http://en.wikipedia.org/wiki/2009%E2%80%9311_Toyota_vehicle_recalls

The Los Angeles Times reports that the suit, “Filed Thursday by two Los Angeles County residents claims that the majority of Toyota and Lexus vehicles made since 2001 contain defective components that can cause unintended acceleration.”
http://usnews.rankingsandreviews.com/cars-trucks/toyota-recall/

2001 Toyota Corolla Owner Comments
http://www.carcomplaints.com/Toyota/Corolla/2001/engine/vehicle_speed_control.shtml


Since 2001, Toyota has allegedly struggled with unintended acceleration malfunctions resulting from electronic issues, poorly designed floor mats and sticky accelerators.
http://www.bestattorney.com/toyota-sudden-unintended-acceleration.html


http://www.arfc.org/complaints/2001/toyota/corolla/vehicle_speed_control/problem.aspx
Car problem(s) with the 2001 TOYOTA COROLLA. This database includes information received by NHTSA from consumers either directly or as recorded by the Vehicle Safety Hotline. This information may be used by NHTSA during the investigation process. You may file your own complaint by calling the NHTSA Monday-Friday 8am to 8pm at (888) 327-4236, TTY: (800) 424-9153.

Feb 18, 2010 - Jeffersonville, IN - Vehicle Speed Control
2001 TOYOTA COROLLA WOULD NOT STOP WAS GOING BACKWARDS AND CRASHED INTO HOUSE. NOV 12. 2009. I TURNED THE ENGINE OFF HALFWAY THROUGH THE TRAVEL FROM POINT A TO POINT B.

Feb 16, 2010 - Hudsonville, MI - Vehicle Speed Control
ENTERED FREEWAY DRIVING 2001 TOYOTA COROLLA. ACCELERATED TO 70 MPH AND WHILE MOVING INTO THE LEFT-HAND LANE, GAS PEDAL WOULD NOT RELEASE AND TRIED BRAKING BUT THEY WOULD NOT ENGAGE AND STEERING WOULDN'T RELEASE. WENT INTO THE MEDIAN AND ROLLED OVER THREE TIMES. COMPLETELY TOTALED THE CAR AND I WAS TAKEN BY AMBULANCE TO NEARBY HOSPITAL WHEN I WAS EVALUATED AND RELEASED. HAVE HAD 10 SURGERIES SINCE ACCIDENT INCLUDING A TOTAL HIP REPLACEMENT AND NOW A 3RD TOTAL KNEE REPLACEMENT. I ALSO SUFFERED A CONCUSSION. POLICE DOCUMENTATION ON TRAFFIC CRASH REPORT VERIFIES THAT GAS PEDAL/BRAKE NOT ENGAGING WAS CAUSE OF ACCIDENT.

Feb 20, 2005 - Florence, SC - Cruise Control
WE WERE TRAVELING FROM TX TO SC USING CRUISE CONTROL (CC) ON MY 2001 TOYOTA COROLLA LE. HEAT WAS NOTED ON THE CC SWITCH ON 2/16/05. ON 2/17/2005 THE CRUISE CONTROL WAS ENGAGED AT 75 MPH. THE CC FAILED TO DISENGAGE WHEN BRAKES WERE APPLIED; CC FAILED TO DISENGAGE AT THE SWITCH. THE ACCELERATION WOULD NOT STOP DESPITE BRAKE APPLICATION. THE TRANSMISSION SELECTOR WAS PUT INTO NEUTRAL AND THE CAR WAS STOPPED WITH FOOT AND EMERGENCY BRAKES THE ENGINE CONTINUED TO RACE AT HIGH RPMS UNTIL THE ENGINE WAS TURNED OFF. AN I-10 ALABAMA LAW ENFORCEMENT AGENT DISABLED THE CC BY REMOVING THE CC FUSE DISCONNECTING SOMETHING AT THE THROTTLE BODY. THIS INCIDENT NEARLY CAUSED A HIGH SPEED COLLISION. THE COROLLA 1NXBR12E5Z534307 WILL BE SERVICED AT THE TOYOTA DEALERSHIP IN FLORENCE, SC.


Mar 09, 2004 - Elk Grove, CA - Vehicle Speed Control
2001 TOYOTA COROLLA - REGARDING SUDDEN SURGE. I HAVE NOTICED ON MANY OCCASIONS THAT MY COROLLA WILL SURGE FORWARD(FROM A STOP). I JUST EQUATED IT WITH THE DEFROSTER TURNING ON(AC PUMP). MAYBE THERE IS MORE TO IT?

Oct 30, 2002 - Bar Harbor, ME - Vehicle Speed Control
I HAD BEEN DRIVING NORTH ON THE MAINE TURNPIKE WITH MY CRUISE CONTROL ON. IT WAS A CLEAR NIGHT AND THE ROADS WERE DRY. AS I APPROACHED THE TOLL BOTH I TRIED TO TURN MY CRUISE CONTROL OFF, THE CAR DID NOT RESPOND. I THEN TURNED THE CRUISE CONTROL SYSTEM OFF AND THE CAR WAS STILL NOT RESPONDING. I HIT THE BRAKES AND WAS STILL UNABLE TO SLOW THE CAR DOWN. I THEN PUT THE CAR IN NEUTRAL AND SLAMMED ON THE BRAKES AND WAS STILL UNABLE TO GET THE CAR TO RESPOND. AT THAT POINT I WAS TOO CLOSE TO THE TOLL BOTH TO TRY TO SWITCH LANES AND WAS UNABLE TO STOP THE CAR AND HIT THE CAR IN THE TOLL PLAZA IN FRONT OF ME. AFTER THE IMPACT, THE CAR EVENTUALLY COASTED TO A STOP. UNTIL THIS HAPPENED, I HAD NO PROBLEM WITH ANYTHING ON THE CAR. THE CAR HAS NOT BEEN USED SINCE THE ACCIDENT, IN FACT HAS NOT BEEN REPAIRED UNTIL NOW. THERE WERE SOME INJURIES IN THIS CASE. I HAVE A SHOULDER INJURY, WHICH I AM STILL TRING TO GET RESOLVED. I WANT THE INCIDENT TO BE REPORTED DUE TO THE SERIOUSNESS OF BEING UNABLE TO DISENGAGE THE CRUISE CONTROL SYSTEM. AN ACCIDENT REPORT WAS FILED WITH THE MAINE STATE POLICE BUREAU OF MOTOR VEHICLES ACCIDENT SECTION.

 

magical thyme

(14,881 posts)
66. re: police statements that they believe she was on "alcohol or drugs"
Thu Sep 18, 2014, 11:20 AM
Sep 2014

The police didn't specify alcohol versus drugs, which suggests to me that they may not have tested her. They may be interpreting her stating that she doesn't deserve to live as an admission of guilt, when it could be "survivor's guilt."

Both breathalyzer tests and urine drug screens are just that; screening tests that can have false positives. They will need to have taken blood to have her serum tested for any confirmatory tests. Collection and processing of the blood must follow the appropriate chain of control to be admissable.

Incorrect collection methods can cause false alcohol results -- her arm should *not* have been cleaned with an alcohol wipe, as a trace bit of alcohol in the tip of the needle can cause a false positive. Instead, alternate cleaners are supposed to be used.

So when you are able to talk to her, ask her if blood was drawn, who drew it, and try to get her to remember how they cleaned her arm. If they tore open a little square paper and pulled out a little gauze pad, they used an alcohol wipe, and any alcohol results are questionable. If they crushed a small ampule and rubbed the end of it on her arm, they didn't use alcohol and didn't impact that test.

 

KamaAina

(78,249 posts)
68. I assume you wil ltestify that she was sober in court
Thu Sep 18, 2014, 12:31 PM
Sep 2014

if it comes to that.

LisaL

(47,423 posts)
79. Seriously?
Tue Sep 23, 2014, 05:37 PM
Sep 2014

You think that court will accept testimony from someone who saw her 45 minutes prior to this incident?
Did that someone measure her drugs/alcohol levels?
Furthermore, even assuming she wasn't drunk 45 minutes prior to incident, doesn't mean she was still sober during the incident.

Upsetcitizen

(7 posts)
69. Honesty is the best Policy
Tue Sep 23, 2014, 01:05 PM
Sep 2014

Before you decide to donate to this cause please pay attention to the facts of what happened.
1. She was charged earlier that day with underage consumption at approximately 1 in the afternoon, this accident happened at 6 in the evening. I do find fault however with the officer that charged her earlier in the day, they could have prevented this tragedy from happening by simply taking her to jail at that time. Have a look at her court records online from link:http://www.perrycountycourt.com/Search/

7 Matches Displayed

1 Concerning: Downour, Devin R
D.B.A./A.K.A.:
Filed: 04/15/2013
Arr. Agency: OSP Case #: 1300139
Docket Entry: Click
Charge: OBSTRUCTION
Case Type: Criminal
2 Concerning: Downour, Devin R
D.B.A./A.K.A.:
Filed: 06/23/2014
Arr. Agency: SHF Case #: 1400348A
Docket Entry: Click
Charge: UNDERAGE CONSUM
Case Type: Criminal
3 Concerning: Downour, Devin R
D.B.A./A.K.A.:
Filed: 06/23/2014
Arr. Agency: SHF Case #: 1400348B
Docket Entry: Click
Charge: RESIST ARREST
Case Type: Criminal
4 Concerning: Downour, Devin R
D.B.A./A.K.A.:
Filed: 06/23/2014
Arr. Agency: SHF Case #: 1400348C
Docket Entry: Click
Charge: D.O.C. INTOXED
Case Type: Criminal
5 Concerning: Downour, Devin R
D.B.A./A.K.A.:
Filed: 09/16/2014
Arr. Agency: SNL Case #: 1400533
Docket Entry: Click
Charge: UNDERAGE CONSUM
Case Type: Criminal
6 Concerning: Downour, Devin R
D.B.A./A.K.A.:
Filed: 04/22/2014
Arr. Agency: OSP Case #: 1400594
Docket Entry: Click
Charge: SEAT BELT
Case Type: Traffic
7 Concerning: Downour, Devin R
D.B.A./A.K.A.:
Filed: 09/16/2014
Arr. Agency: SNL Case #: 1401183
Docket Entry: Click
Charge: HEADLIGHT VIOL
Case Type: Traffic

2. Witnesses at the scene observed her and her passenger tossing aerosol cans out of the window into the bushes prior to the cops arriving, which they found. Her passenger fled the scene and was later apprehended with drugs on his person.

3. This young lady was also breaking the state of Ohio law by not having required vehicle insurance. This means that the car that she hit head on which was totaled cannot be replaced because of money problems, the motorcycle that she hit was totaled killing the driver and now his family has incurred funeral expenses which they are having a tough time paying for. The seven year old little girl that was on the motorcycle was life flighted to childrens hospital where she has been in the critical care unit since the accident happened with severe and life threatening injuries. With no car insurance there is no one to pay these hospital bills nor for her what's sure to be outstanding medical debts once she does get to come home. She gets a free court appointed attorney provided for her but these families get nothing.

4. Being that someone had to point out that her partying pictures should be removed from facebook should show alone that she has an issue with intoxication. Not to mention that she is underage to begin with.

5. When the cops arrived on the scene she was observed being abusive towards them. She was tested at the scene for alcohol/drugs and the tests came back as positive before they charged her with the driving under the influence charge.

6. She herself told the cops that she had fallen asleep at the wheel.

7. Unfortunately this young lady has an issue with alcohol/drug abuse. The sad thing is that it took this tragedy, and someones life to bring it to light.

8. Please read the following before making any decisions, I know that it is media, however comments from witnesses on social media also back up what the cops at the incident had stated.
link:http://www.nbc4i.com/story/26527465/intoxicated-driver-arrested-after-deadly-lancaster-crash
link:http://www.10tv.com/content/stories/2014/09/14/lancaster-man-dies-after-motorcycle-crash.html
link:http://www.10tv.com/content/stories/apexchange/2014/09/16/oh--fatal-motorcycle-crash-charges.html
link:http://www.dispatch.com/content/stories/local/2014/09/15/Fairfield-County-fatal-wreck-charges.html
link:http://www.dispatch.com/content/stories/local/2014/09/14/0914-lancaster-fatal-motorcycle-crash.html


9. Before you donate to her legal defense that she can already get free of charge please just sit back a minute and think about it. If you would like to donate to the families of the victims in this horrific crash you can donate here:

link:http://www.youcaring.com/medical-fundraiser/prayer-for-hailey-derbyshire/235466

I know that this is where my money will be going.

I understand that she deserves council and is innocent until proven guilty, however at some point she needs to take accountability and not put the blame where it doesn't belong. I do feel for her family having to go through this, but I also feel for the families of those that were harmed in this accident. I honestly hope that she can get the help that she so desperately needs from this. However I also do not believe that her brakes went out simply based on her prior history and witnesses at the scene.

Sorry if this upsets you however I wanted those that are thinking of making a donation to be fully aware of the situation before they donate their money.

uppityperson

(116,020 posts)
71. Welcome to Du, a couple questions and comments
Tue Sep 23, 2014, 01:36 PM
Sep 2014

It has been said prior that she was not DUI, that the tests came back negative. Have you a link supporting your statement she was DUI?

What do you mean she was abusive towards the police? Since just been in a horrific accident, I understand her being frantic and have had enough experience with police to distrust "abusive towards police" claims without more information.

This seems rather like character assassination. What she has posted on facebook, what other accidents drunk drivers have caused, none of that has any bearing on this beyond trying to paint her in a certain light. imo

Upsetcitizen

(7 posts)
72. Close
Tue Sep 23, 2014, 01:57 PM
Sep 2014

Lets just say that I am extremely close to this case and the goings on with it. At some point she has to be held accountable for her actions. She was seen abusing the cops via hitting them and trying to get away from the scene. She had to be taken down because of this. It is not character assassination but facts. At some point she has to be held accountable for her actions and not have excuses for what she did. There is no need to paint a light on someone who already has that track record available to the public. I'll play devils advocate for a second: If her brakes were failing how did she speed through the light at the speed in which she did and hit two vehicles with the force that she did on a road that was only 25 miles per hour and crossing a 4 lane road with a turning lane in the center and pushing the vehicles a half block plus. The court system will prevail in this, I do have faith in the system. I'm not saying she's a bad person, however she made a very bad decision. And I will stand behind that. If you go to the perry county court records and search for her name it shows a previous DUI from the SAME DAY! Links were provided in my original post. I also know of some of her friends posting online about her having to deal with a bunch of stuff and she was making bad decisions at the time. I'm sorry but I can only judge by the information that is out there about her. Unfortunately its not all good.

uppityperson

(116,020 posts)
73. What matters is her drug/alcohol blood tests immediately after the accident. Period.
Tue Sep 23, 2014, 03:38 PM
Sep 2014

Whether or not she has a "track record" doesn't matter if she was clean.

You seem to be saying that failed brakes make it possible to stop, which seems very backwards to me. If her brakes failed, she would not have been able to stop. I do hope those brakes have been examined by a qualified and competent unbiased outsider.

As far as "hitting the police and trying to get away from the scene", people in shock often act incoherently.

I was not there, and do not excuse the accident, just saying unless we were there, we do not know and bringing up other people's dui accidents means nothing here but attempt to tarnish. They mean nothing in this case.

So again I ask. Do you have a link proving she was DUI, via her blood test? Not something saying she was arrested for it, but that she wasby fact? Thank you.

The whole situation sounds awful, best wishes to all involved, their friends and families, hoping for healing.

Upsetcitizen

(7 posts)
74. you'll find out
Tue Sep 23, 2014, 05:22 PM
Sep 2014

When the evidence is presented in court you will find that she was in fact tested immediately for inhalants and was found to have inhalants and opiates in her system at the time of the accident. This information is not online for me to link it to you, but when the evidence is presented you will see it. I'll be sure to update it here for you. She was taken immediately to the hospital upon restraint where she was tested the hospital is within 1 block of the accident scene so it did happen quickly. As for her reactions toward the cops they may have been induced by shock however I am inclined to believe the latter, IMO. I'm not saying that it would be possible to stop, however I am saying that if you are traveling on a roadway that is only 25 mph and do not hit a vehicle until after you have passed 4 lanes of roadway thereby knocking that vehicle back a full block and finally hitting another car at a block away from the intersection head on with enough impact to throw 2 riders from a motorcycle, and total the car that you hit head on if the brakes had gone out then she would have been driving at a ridiculous speed to have cause that devastation. As for her prior records, I have nothing but that to compare her actions to. I could understand if the other incidents had happened a while before this accident and she was working to turn her life around, however she wasn't as she had just that day been caught for driving while under the influence in another county. As I said I am close to this situation and feel for all involved, but her actions cannot be dismissed. Maybe that's what's wrong with this world right now, everyone is looking for the easy way out back door and not wanting to be held accountable for their actions. I don't need to tarnish her record as she has done a fine job of that herself. I honestly only posted to give the other side of what had happened before people started an outpouring of funds her way without realizing the full impact of the victims involved. A responsible driver would have had insurance to cover an accident at the very minimum. Now the families have to figure out how to survive while paying funeral costs, medical bills, etc.

uppityperson

(116,020 posts)
75. The whole situation sounds awful and it is true, no one knows the complete facts.
Tue Sep 23, 2014, 05:27 PM
Sep 2014

Best wishes to those involved.

countryjake

(8,554 posts)
83. You have my complete sympathy...
Tue Sep 23, 2014, 05:55 PM
Sep 2014

as do all of the victims of this tragedy.

And I thank you for including a link to that medical fund for the innocent little girl who was seriously injured when her grandpa was killed. My thoughts are with her and her family and also any others who were forever impacted at that intersection in Lancaster.

Please don't judge DU by this thread which inspired you to begin posting. Hopefully, others here will see your post and contribute where donations are truly necessary.

Peace to you.

Upsetcitizen

(7 posts)
89. Thank you
Tue Sep 23, 2014, 06:41 PM
Sep 2014

Thank you for your kind words. I am actually glad that I found this site as there are many topics that I've read already and look forward on more to come.

countryjake

(8,554 posts)
91. Well, welcome to DU!
Tue Sep 23, 2014, 07:10 PM
Sep 2014

And I am sorry that you've discovered our site under such terrible circumstances. It's a tragedy that so much grief could have been prevented.



Did you see the Breaking News article which was just put up at Lancaster Eagle-Gazette?

Report: Troopers stopped woman hours before fatal crash 6:26 p.m. EDT September 23, 2014

http://www.lancastereaglegazette.com/story/news/local/2014/09/23/report-troopers-stopped-woman-hours-crash/16119187/

LANCASTER – A 20-year-old woman accused of driving intoxicated and crashing into a motorcycle, killing a man and critically injuring his 7-year-old passenger Sept. 13, had been stopped by the Ohio Highway Patrol earlier that day and cited for an alcohol offense, according to a report.

Devin Downour, of Rushville, was stopped by a trooper on the day she was accused of killing a 63-year-old man in downtown Lancaster at the intersection of East Main and Ewing streets, according to an Ohio Highway Patrol report. She was first stopped by the patrol in New Lexington in Perry County on a headlight violation, the report stated.

According to the trooper's report, Downour was driving and had two of her friends with her, Koby Roush and Jacob Hammond, when she was pulled over at 1:41 a.m. Sept. 13.

The trooper asked to search the vehicle after noticing Roush and Hammond acting suspiciously. According to the report, a small amount of what appeared to be marijuana; two full, unopened vodka bottles; a marijuana-smoking device; and beer were found in the vehicle.

Upsetcitizen

(7 posts)
96. Just disgusting
Tue Sep 23, 2014, 08:08 PM
Sep 2014

Yeah we knew about this information. And to think that this could have all been prevented if she would have been taken to jail after being pulled over then. It's just a sad situation all around.

uppityperson

(116,020 posts)
99. My apologies for my prior rudeness and my condolences on all who were hurt, killed.
Tue Sep 23, 2014, 08:23 PM
Sep 2014

It is common after tragedies like tis for DU to get some new posters who come to smear those involved. My apologies for my rudeness in trying to figure out if you were like that. After reading more, my condolences and hopes for healing. Thank you for giving us another side of the story and it sounds just really awful.

Please let me give you a nicer welcome to DU. Please stick around, read and join in the discussions. There are many different more specialized forums and groups, available through the Forums and Groups tab at the top of each page, you moght find some of particular interest.

Upsetcitizen

(7 posts)
101. Unnecessary
Tue Sep 23, 2014, 08:38 PM
Sep 2014

The apology is not necessary, I honestly just want people to be aware of both sides of what happened. I do think I'm going to stick around after reading some of the other stories, sorry to meet under these circumstances.

Skittles

(171,713 posts)
110. welcome to DU, Upsetcitizen
Wed Sep 24, 2014, 09:24 PM
Sep 2014

I posted earlier in this thread based on the original OP from an upset DUer, but certainly would not donate to any cause without first knowing facts

 

seabeyond

(110,159 posts)
87. ......
Tue Sep 23, 2014, 06:38 PM
Sep 2014

thank you or the information.

Vinca

(53,994 posts)
121. Thanks for posting the other side of the coin.
Sun Sep 28, 2014, 08:13 AM
Sep 2014

In the end it's up to the courts. A very sad case all around.

Lydia Leftcoast

(48,223 posts)
70. If she was not under the influence of alcohol or drugs, she needs a thorough medical checkup
Tue Sep 23, 2014, 01:14 PM
Sep 2014

You need to consider the possibility that she has some sort of medical condition that causes temporary blackouts, whether it's neurological or a circulatory problem or whatever.

Seriously.

I once knew someone who could not drive because he had a form of epilepsy that made his mind go blank for a few seconds at irregular intervals. It was not the obvious kind of epilepsy where you get full-body seizures that are hard to miss, just the impression of being off in dreamland for a few seconds.

Cleita

(75,480 posts)
77. It's called a mal-petit seizure.
Tue Sep 23, 2014, 05:34 PM
Sep 2014

I worked with a girl who was subject to them, and although she usually could anticipate their onslaught, and had medication for them, a couple of times I had to catch her before hitting her head on a counter or walking into a wall. It's a scary condition and I don't know if people, who are subject to them, should drive.

LisaL

(47,423 posts)
95. I can very well guess what her actual condition is, considering she was stopped by police earlier
Tue Sep 23, 2014, 08:06 PM
Sep 2014

that same day and cited for an alcohol offense.

76. Justice for Jim
Tue Sep 23, 2014, 05:32 PM
Sep 2014

Reading your post brings tears to my eyes. But for the reasons you will never look at. Let me give you a few.
Jim will never see another brother sister child or grandchild. Tear
Hailey will have years of health issues and recovery and therapy to get over this. Tear.
My father identifying his brothers body. Tears
My aunt and uncles standing over Jims casket barely holding it together. Tears
My cousins scraping up money to put jim in the ground. Tears
Haileys family scraping up money to tend to her needs. Tears
Holding myself together so I can hold my loved ones while they grieve. Tears
Never getting to joke with my uncle ever again. Tears.
For my family who was at the intersection when this happen and had to see my uncle die. Tears

I could go on. I understand accidents happen. I will say. Blood was drawn by my understanding. But this girl was pulled over
earlier in the day for a light and was sited for underage consumption. She has violated her probation. I have had the pleasure to
meet people I didnt even know at my uncles funeral because this accident should never have happened and they cant get the
horrific images of this girl along with her friend huffing while blowing through a light. I have mechanics all through my family and any of them would be glad to check out her car. Bet nothings wrong. But then again she told police she fell asleep. Then again her and Mr hammond (by the way who hit an amish buggy weeks prior and skipped leaving a Man Woman and INFANT along the road like an animal that was nothing) were trying to get rid of the evidence.

So please carry on please continue trying to help get rid of anything that could bring justice to my uncle and his grandaughter. Cause after all the tears from above I can say this site makes me fucking laugh my ass off

uppityperson

(116,020 posts)
78. For what it is worth, they posted that right after the accident and have not been on our forum since
Tue Sep 23, 2014, 05:34 PM
Sep 2014

last week.

My condolences to you and your family in this awful time.

 

rug

(82,333 posts)
80. Horrible all around.
Tue Sep 23, 2014, 05:42 PM
Sep 2014

Never mind this site, the internet itself is no place for this.

Skittles

(171,713 posts)
81. people reacted based on what was posted
Tue Sep 23, 2014, 05:49 PM
Sep 2014

they'll react based on what you post too

my condolences to you and your loved ones

greatauntoftriplets

(179,005 posts)
82. My deepest condolences for your family's loss.
Tue Sep 23, 2014, 05:51 PM
Sep 2014

PeaceNikki

(27,985 posts)
84. I'm so sorry for your loss and everything your family is going through.
Tue Sep 23, 2014, 06:09 PM
Sep 2014

I'm sorry for the OP and accused as well, but your post hits hard.

Peace and comfort to you all.

And justice.

Upsetcitizen

(7 posts)
85. Perfectly put!
Tue Sep 23, 2014, 06:24 PM
Sep 2014

Thank you for posting it really hit me once again about everything that happened. I'm deeply sorry for your loss, Haley is slowly improving but has such a long road ahead of her. Your entire family is in our thoughts and prayers,
The Miller Family

 

seabeyond

(110,159 posts)
88. and we weep, for all.... i am sorry. nt
Tue Sep 23, 2014, 06:41 PM
Sep 2014

moriah

(8,312 posts)
92. While I'm sorry for your loss, more than I can say....
Tue Sep 23, 2014, 07:29 PM
Sep 2014

.... I hope you enjoy your stay at DU, if it makes you "fucking laugh your ass off". If laughter is what is needed, more power to you.

 

magical thyme

(14,881 posts)
112. I am so sorry for your family's loss
Thu Sep 25, 2014, 12:40 PM
Sep 2014

On searching for the driver's name with "underrage" articles came up confirming your account of her having been stopped early that morning and found with alcohol, including opened and unfilled beer cans, and keyboard cleaner in her car, and more.

Serum tests will confirm alcohol levels and the presence of any suspected drugs. In such a situation, the driver will certainly have brought this tragedy on herself.

Old Crow

(2,268 posts)
120. I'm very sorry for what your family has been through.
Sun Sep 28, 2014, 08:03 AM
Sep 2014

Thank you for giving us some insight into all the pain you've been experiencing. The emotional and physical pain caused by this car accident is monumental. I am so sorry.

Regarding this website, it's a community of compassionate people who try to help where we can. We initially had a very incomplete picture of what happened and many of us--and I put myself at the top of the list--may have jumped the gun in our desire to help. Had you been the original poster in this thread, the conversation would have taken a very different path from the start.

You and your family are in my thoughts. Again, I'm very sorry.

 

elehhhhna

(32,076 posts)
122. So sorry about your Uncle and your family -
Sun Sep 28, 2014, 08:32 AM
Sep 2014

tragic and unnecessary. I hope you find peace and wish you love and healing. I work with young addicts in Houston - where we have a vibrant recovery community for teenagers, thank god. This is an epidemic, and now you are victims. Heartbreaking.

rbrnmw

(7,160 posts)
123. I am so sorry for your loss
Tue Sep 30, 2014, 06:41 PM
Sep 2014
 

lumberjack_jeff

(33,224 posts)
126. I'm sorry for your loss and your pain. I wish Hailey a speedy recovery.
Tue Sep 30, 2014, 07:17 PM
Sep 2014

I think everyone here would agree to that much.

GreenPartyVoter

(73,393 posts)
90. I am so sorry! :^(
Tue Sep 23, 2014, 06:47 PM
Sep 2014

countryjake

(8,554 posts)
93. This Medical Fund for poor little Haley Derbyshire is where monies should go!
Tue Sep 23, 2014, 07:46 PM
Sep 2014
http://www.youcaring.com/medical-fundraiser/prayer-for-hailey-derbyshire/235466

Hailey is 7 years old and right now at Nationwide Children's Hospital after injuries received Saturday September 13, 2014.


I agree with you that this is a horrible situation and I do pity your son's friend, but my sympathies lie with the numerous victims of Devin Downour's terribly poor decisions on that tragic day.

peace


Report: Troopers stopped woman hours before fatal crash 6:26 p.m. EDT September 23, 2014

http://www.lancastereaglegazette.com/story/news/local/2014/09/23/report-troopers-stopped-woman-hours-crash/16119187/

Two cans of computer keyboard aerosol duster were collected as evidence at the crash scene, according to police.

Algernon Moncrieff

(5,961 posts)
100. ^^This^^
Tue Sep 23, 2014, 08:37 PM
Sep 2014

countryjake

(8,554 posts)
107. Yes, that picture of the little girl, her broken body, just broke my heart...
Wed Sep 24, 2014, 05:04 AM
Sep 2014

Old Crow

(2,268 posts)
116. Agreed.
Sun Sep 28, 2014, 06:59 AM
Sep 2014

As you can see by reading the thread from top to bottom, the story of what's happened here has changed pretty dramatically as more information has come to light.

tammywammy

(26,582 posts)
94. It would be best to delete this OP and your fundraiser. n/t
Tue Sep 23, 2014, 07:52 PM
Sep 2014
 

Liberal_in_LA

(44,397 posts)
97. edit _ I see the comments on the fundraising site are very negative
Tue Sep 23, 2014, 08:08 PM
Sep 2014

LisaL

(47,423 posts)
98. Well, at least to me, the OP seems to be highly misleading.
Tue Sep 23, 2014, 08:09 PM
Sep 2014

But maybe it's just me.
OP did not mention that the same girl was cited earlier that same day for an alcohol offense. And it wasn't the first time of the girl being cited for an alcohol offense.

http://www.lancastereaglegazette.com/story/news/local/2014/09/23/report-troopers-stopped-woman-hours-crash/16119187/

uppityperson

(116,020 posts)
104. The OP was posted soon after the accident, maybe before some of this info was made public.
Tue Sep 23, 2014, 09:42 PM
Sep 2014

We all know how first impressions and rwports can be inaccurate. The Oposter hasn't been on DU for several days also.

LisaL

(47,423 posts)
106. But now that this information is available, it doesn't look that the OP paints an accurate picture.
Tue Sep 23, 2014, 10:54 PM
Sep 2014

Solly Mack

(96,943 posts)
108. I'm so sorry!
Wed Sep 24, 2014, 05:06 AM
Sep 2014


I wish I knew some magic words but there are none.

Wishing the strength to endure.

Phentex

(16,709 posts)
111. Well this took a very interesting turn...
Thu Sep 25, 2014, 09:26 AM
Sep 2014

tragic all the way around.

Response to rbrnmw (Original post)

Response to rbrnmw (Original post)

rbrnmw

(7,160 posts)
124. I am sorry I posted this and that I upset so many people
Tue Sep 30, 2014, 07:02 PM
Sep 2014

I was given the information right after it happened. Devin isn't evil though she may be troubled. She will live with what she did for the rest of her life. I am sorry for the loss and pain her actions caused. I still love Devin and pray she gets the help she needs. I am not a bum. I am not looking for handouts as one poster suggested. I am truly sorry I've made so many enemies here on DU.

 

lumberjack_jeff

(33,224 posts)
125. It is human nature to want to support the people we know.
Tue Sep 30, 2014, 07:12 PM
Sep 2014

on edit:

I would suggest self deleting the OP, as I think there is a lot of misunderstanding and capacity for further pain in leaving it up.

All downside and no upside.

 

YarnAddict

(1,850 posts)
127. I can understand why you posted it
Tue Sep 30, 2014, 07:23 PM
Sep 2014

This situation reminds me of my nephew's good friend, who was involved in a drunk driving accident. She was very, very drunk, rolled her car, and two of her passengers (also very drunk) were killed. She was tried, found guilty, and is awaiting sentencing. She is facing a possible 60 years in prison. I've never met the girl, but still feel a connection through my nephew.

Both her accident and Devin's could have been so easily prevented. My nephew's friend apparently asked for "Safe Ride" coupons (cab fare,) and the bar she was at didn't have any. If they'd had an appropriate supply, she and her friends would have had a cab ride home, and all comisserated together about their horrible hangovers the next day. Instead, two lives were ended, and one's life has been destroyed. (To say nothing of all the others affected.)

If Devin had been taken to jail when she was stopped earlier in the day, her accident never would have happened, either.

The trouble is, young people think they are invincible. They often can't imagine the consequences of their actions. When I think back to my own youth, I can't believe how lucky I was. I sometimes shudder to think of what could have happened . . .

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