From 2nd degree murder to a speeding ticket

[Lucky... 0]

http://www.freedomsphoenix.com/Find-Freedom.htm?At=013118

Tempe cop gets $491 speeding ticket in man's death

09:31 AM MST on Friday, December 22, 2006

Associated Press

A Tempe police officer who struck and killed a 24-year-old man with his patrol car has been given a speeding ticket in the incident, angering the dead man's family.

Officer Bill Cullins hit Tempe resident Kyle Jeffrey Barker as he was crossing a south Tempe road around 2 a.m. in November 2005, according to a Tempe police investigation report.

The report said Barker shattered the windshield and was catapulted at least 166 feet to his death.

The patrol car's "black box" recorded that at one time that night, Cullins was driving at 95 mph, but the device did not record how fast the car was traveling when it struck Barker.

Chandler City Prosecutor Maria Brewer dropped a criminal speeding charge against Cullins on Thursday, saying there was not enough evidence to prove Cullins was traveling 20 mph above the posted 45 mph limit at the time of the incident. The case was being heard in Chandler because of a conflict of interest in Tempe.

Brewer instead gave Cullins a $491 speeding ticket because speed analysis conducted during the investigation into the incident showed that Cullins was traveling at 50 mph when he struck Barker.

The investigation report shows that Cullins was not impaired at the time, but shows that Barker had alcohol in his blood when he was hit. Cullins said that at the time he hit Barker, he was on his way to provide backup for another officer. He said he tried to avoid Barker, but it was too late.

He was not in court Thursday and was not required to be, but Barker's family was there. When they heard the judge's ruling, they began sobbing. "We think it was handled poorly, and we have no other choice but to look for our own answers," said Jim Barker, Kyle Barker's father. Kyle Barker's aunt, Shelle Small, criticized the ruling.

"It's just beyond me," Small said. "(Cullins) took a life. Still, for a life, my nephew's life, for my sister's only son, he got a speeding ticket?" Cullins could not be reached for comment.

Tempe police spokesman Brandon Banks said the department will conduct its own administrative review of Cullins.

"All of (what happened) will be a part of our internal investigation, which we will be starting immediately," Banks said. "It is a priority of ours not only for the family, but also the department, to get this done quickly."

Barker's family has filed lawsuits against Tempe, Cullins and former Police Chief Ralph Tranter.

_______________________________________________________________________________________________________________________

This guy is human garbage. Didn't even have the guts to show up in court, what a loser piece of trash, that is, behind the Chandler prosecutor. 166 feet and he wasn't hauling ass? Riiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiight.

[willard 0]

I hit a deer once at 60 mph and got stopped well before I got to where the deer landed. I can see how the victim ended up 160+ feet from the impact site.
Not showing up in court for a speeding ticket is very common. It's called a "waiver". I've paid a few of those myself, as I'm sure a lot of other people here have.
When was he charged with 2nd degree murder? I see in the article he was originally charged with criminal speeding, but I missed reading about any other charges.
The way I interpreted the article is the officer was responding to a call and a pedestrian tried crossing the street in front of him.

[Gawain 0]

It wouldn't be murder at all because there is no evidence of intent. Maybe 2nd degree manslaughter.

So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

[Lucky... 0]

Quote

It wouldn't be murder at all because there is no evidence of intent. Maybe 2nd degree manslaughter.

Which is what I thought as Attorney Mark Torrey cut a girl in half as he was drunk and speeding, hit a girl who was crossing not at a crosswalk who was also drunk.

They got him for 2nd and sentenced to like 11 years.

They stretch teh statute here. Point is, exoneration of cops is protocol.

[Lucky... 0]

Quote

I hit a deer once at 60 mph and got stopped well before I got to where the deer landed. I can see how the victim ended up 160+ feet from the impact site.
Not showing up in court for a speeding ticket is very common. It's called a "waiver". I've paid a few of those myself, as I'm sure a lot of other people here have.
When was he charged with 2nd degree murder? I see in the article he was originally charged with criminal speeding, but I missed reading about any other charges.
The way I interpreted the article is the officer was responding to a call and a pedestrian tried crossing the street in front of him.

The patrol car's "black box" recorded that at one time that night, Cullins was driving at 95 mph, but the device did not record how fast the car was traveling when it struck Barker.

There we go, that'll ring some clatity. Of couse he's a good ole boy Republcian cop, so I understand what you're saying.

hitting a 400-600lb deer isn't the same as hitting a 150lb human. It would take a lot more reconstruction than just a deer-hitting cmparison to figure how fast, ect.

Waiver? Here it is just calleda default judgement, a finding of responsible is entered and a fine sanctioned.

Quote

I've paid a few of those myself, as I'm sure a lot of other people here have.

I think that we've just failed to kill people with our cars driving recklessly AS THE INTERNAL POLICE DEPARTMENT HAS JUST ESTABLISHED. So pour all teh suga on this that you want, but the family has finally drawn attention to this.

Quote

When was he charged with 2nd degree murder? I see in the article he was originally charged with criminal speeding, but I missed reading about any other charges.

So if there were no other charges then there must have been no other crime committed? WTF ....and OJ really was innocent too, huh?

Quote

The way I interpreted the article is the officer was responding to a call and a pedestrian tried crossing the street in front of him.

The way I interpreted it the cop was responding and putting the public at risk, driving 95mph just shortly before hitting the kid. But I know, can we please have a pass for the good ole boy Republican cop?

[vpozzoli 0]

Quote

The patrol car's "black box" recorded that at one time that night, Cullins was driving at 95 mph, but the device did not record how fast the car was traveling when it struck Barker.

Could you please explain how you went from "at one time that night" to "shortly before hitting the kid"?
'Cause it really looks like you are following your own version of the facts.
Cheers,

Vale

[rehmwa 2]

I can't find where the cop's party affiliation is recorded in the article (as required by some congressional act, apparently). Would it be ok in your book if the cop was a dem and he killed a rep/green/libertarian?

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[masterrig 1]

hitting a 400-600lb deer

________________________

400 - 600 lb. deer? That would have to be a North American record! I think, the biggest deer I've ever seen was maybe... 200-lbs.


Chuck

[craddock 0]

Quote

hitting a 400-600lb deer isn't the same as hitting a 150lb human.

WTF. 150 pounds about the weight of a mature Doe in my neck of the woods. Sure we have monster bucks that go well over 200 but that is hardley the norm, and Doe's far outnumber Bucks.

That spot isn't bad at all, the winds were strong and that was the issue! It was just on the downwind side.

[Darius11 12]

I say good call judge.
People die shit happens. If I see another “Victim" Sobbing I am going to puke.
I wish they would save there sobbing for the unjust things that happen in this world. Accidents happen. Not everyone lives to be a 100.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[Remster 30]

Quote

People die shit happens. If I see another “Victim" Sobbing I am going to puke.

Wow...


Wel, I hope that in this case the civil courts can do justice.

Remster

[warpedskydiver 0]

I think the North American record is around 500lbs for a whitetailed deer.

Minnesota I think it was and quite a few years ago.

Northern Deer are larger due to cooler summers but that is also dependant on abundant food (crops) and lack of predation (wolves were scarce back then)

And there were fewer roads and drivers.

[Darius11 12]

From what has been posted it was an accident.
Accidents happen all the time. Believe it or not; not every time something bad happens it doesn’t necessarily mean someone is a victim and someone the assailant. Some times Shit happens.
Instead of always wanting someone to pay (Financially or with their life) it would be great if people focused on healing.

How many people get in to accidents resulting in death or injury a year? Excluding the ones that were excessive speed, driving while impaired, Or vehicular homicide I would bet there is big percentage of shit just happening.

I understand it is a loss, but everyone is always looking for someone to blame. Pretty soon if someone dies from a fall there will be a lawsuit against Newton, or even gravity.


If the cops get to a location too late and it results in a death would we be angry that they were doing the exact speed limit, and not rushing to our aid?

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[lawrocket 3]

Quote

The way I interpreted it the cop was responding and putting the public at risk, driving 95mph just shortly before hitting the kid. But I know, can we please have a pass for the good ole boy Republican cop?

First - who is to say he is a Republican?
Second - who is to say he is a good ole boy?

Third - who knows WHEN the guy was doing 95? Sometime that day, yes. But there is no evidence to suggest he was even doing 65 when the kid was hit.

Nevertheless, if he was negligent in how he handled his response, then there should be some penalty. It is much easier to get a planitiff's verdict in a civil lawsuit than a prosecution verdict in a criminal case. Ask OJ...

My wife is hotter than your wife.

[masterrig 1]

Quote

I think the North American record is around 500lbs for a whitetailed deer.

Minnesota I think it was and quite a few years ago.

Northern Deer are larger due to cooler summers but that is also dependant on abundant food (crops) and lack of predation (wolves were scarce back then)

And there were fewer roads and drivers.

_____________________________________

Thanks! I've read and heard of 'freaks' but, I was referring to 'average'. I have seen some rather large whitetails up North, never any 400 - 600 lbs.
You are so right, about fewer roads and fewer drivers.
Thanks, again for your in-put.


Chuck

[warpedskydiver 0]

The real shame is to see some of the mounts of the AMAZING animals that have been struck by cars.

That is a gene pool that has been sadly drained.

[ExAFO 0]

The important question to ask is whether or not the local siamese cats were flatulent that day...

Illinois needs a CCW Law. NOW.

[craddock 0]

Quote

Northern Deer are larger due to cooler summers but that is also dependant on abundant food

Any Northern Whitetail over 200 lbs is a big deer regarless of any world record.

That spot isn't bad at all, the winds were strong and that was the issue! It was just on the downwind side.

[Nightingale 0]

Quote

Waiver? Here it is just calleda default judgement, a finding of responsible is entered and a fine sanctioned.

It sounds like you're confusing civil and criminal proceedings.

In civil court, if you don't show up to respond, you lose (default judgment for the other side). In criminal court, you have a right to be in court, but you also have the choice to waive that right and not show up if you're not required to (waiver).

The charges were dropped because of a lack of evidence. Sure, he was going 95 at one point, but the article specifically says that his speed at the time of the accident was not recorded. Accident investigators believed he was going 50mph, which is pretty reasonable in a 45 zone, considering he was responding to a call.

A conviction of murder requires intent or reckless disregard for human life (different jurisdictions define it slightly differently, but they're all pretty close). There is no evidence that the officer intended to kill anyone, or that he was behaving recklessly at the time of the accident. Therefore, charges should be dropped, and, since he was speeding, he should get a speeding ticket.

We have standards for findings of guilty. Here, it is "beyond a reasonable doubt." If the prosecutor doesn't feel s/he can prove the case beyond a reasonable doubt, then the prosecutor made the right choice to dismiss the charge.

It's really funny that you've taken the position you have... the liberals have been protesting the government putting people in jail or on trial without proper evidence, and here, the prosecutor dropped the charges because of a lack of evidence, and you're pissed.

[DaVinci 0]

Quote

Which is what I thought as Attorney Mark Torrey cut a girl in half as he was drunk and speeding, hit a girl who was crossing not at a crosswalk who was also drunk.

They got him for 2nd and sentenced to like 11 years.

They stretch teh statute here. Point is, exoneration of cops is protocol.

Ya know, just a thought...Maybe the fact that one guy was driving drunk and speeding on his own time in a POV. And the other was a guy that was going only 5 MPH over the limit and while on duty?

Quote

Chandler City Prosecutor Maria Brewer dropped a criminal speeding charge against Cullins on Thursday, saying there was not enough evidence to prove Cullins was traveling 20 mph above the posted 45 mph limit at the time of the incident. The case was being heard in Chandler because of a conflict of interest in Tempe.

Brewer instead gave Cullins a $491 speeding ticket because speed analysis conducted during the investigation into the incident showed that Cullins was traveling at 50 mph when he struck Barker.

The investigation said he was doing 5MPH over when the accident happend. So he was doing 50, not 95.

Quote

The patrol car's "black box" recorded that at one time that night, Cullins was driving at 95 mph, but the device did not record how fast the car was traveling when it struck Barker.

[willard 0]

Quote

Quote

I hit a deer once at 60 mph and got stopped well before I got to where the deer landed. I can see how the victim ended up 160+ feet from the impact site.
Not showing up in court for a speeding ticket is very common. It's called a "waiver". I've paid a few of those myself, as I'm sure a lot of other people here have.
When was he charged with 2nd degree murder? I see in the article he was originally charged with criminal speeding, but I missed reading about any other charges.
The way I interpreted the article is the officer was responding to a call and a pedestrian tried crossing the street in front of him.

The patrol car's "black box" recorded that at one time that night, Cullins was driving at 95 mph, but the device did not record how fast the car was traveling when it struck Barker.

There we go, that'll ring some clatity. Of couse he's a good ole boy Republcian cop, so I understand what you're saying.

hitting a 400-600lb deer isn't the same as hitting a 150lb human. It would take a lot more reconstruction than just a deer-hitting cmparison to figure how fast, ect.

Waiver? Here it is just calleda default judgement, a finding of responsible is entered and a fine sanctioned.

Quote

I've paid a few of those myself, as I'm sure a lot of other people here have.

I think that we've just failed to kill people with our cars driving recklessly AS THE INTERNAL POLICE DEPARTMENT HAS JUST ESTABLISHED. So pour all teh suga on this that you want, but the family has finally drawn attention to this.

Quote

When was he charged with 2nd degree murder? I see in the article he was originally charged with criminal speeding, but I missed reading about any other charges.

So if there were no other charges then there must have been no other crime committed? WTF ....and OJ really was innocent too, huh?

Quote

The way I interpreted the article is the officer was responding to a call and a pedestrian tried crossing the street in front of him.

The way I interpreted it the cop was responding and putting the public at risk, driving 95mph just shortly before hitting the kid. But I know, can we please have a pass for the good ole boy Republican cop?

The deer I hit that time might have weighed out at 125 lbs. soaking wet. It was a yearling and it happened in the fall. My God if I hit a deer that weighed 600 pounds I wouldn't be here today.
The cop was a republican? Where did it say that? I must be getting old and missing important stuff like that.
Let's see, his recording unit showed he had been up to 95 mph sometime that night. Where did you get "shortly before"? Coulda been on another call maybe? Even hours before the incident? The investigators determined he was doing 50 mph when he struck the victim. Hmmmm....I wonder how fast he was going when he struck the victim? Damn I keep missing those details!
Maybe, just maybe,..stay with me, Lucky, cause I'm taking a wild guess, but maybe it is somehow remotely possible that the cop was driving along and an alcohol influenced (not neccessarily drunk) pedestrian stepped out in front of his cruiser?

[rehmwa 2]

Quote

and here, the prosecutor dropped the charges because of a lack of evidence, and you're pissed.

nuts, it's because he's a cop. And, there's a 50/50 chance he leans politically to the right - therefore he's guilty

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[masterrig 1]

Ain't that the truth!!! Some of them are Pope & Young or Boone & Crockett quality!


Chuck

[GQ_jumper 4]

The investigation said he was doing 5MPH over when the accident happend. So he was doing 50, not 95

Quote

Another thing to add to that, yes the box said at one point he was going 95, but it in no way attempts to explain why. We don't know why he was going that fast, maybe he was responding to something at that point and was driving on a highway at the time. Maybe he was trying to catch up with someone he had clocked speeding. That fact that he was going 95 at soem point during the night is in no way pertinent to the story. The reporter simly threw it in to make the story a bit bigger, nice job by the reporter trying to add pointless facts to make their story more attractive

History does not long entrust the care of freedom to the weak or the timid.
--Dwight D. Eisenhower

• Quote