View Full Version : Legal Assistance...civilian
Eagle5US
03-04-2008, 15:52
As many of you know, my younger brother was killed on 16 Feb. For all of you who provided prayers and condolences, my family thanks you.
Now the hard part....dealing with the rest of this crap.
Dan was killed in Gloucester County, Va...near Newport News and Va Beach. Arrested that night (unharmed) was Kieth McGowan after he crossed the center line and hit Dan "head on" on a strightaway.
The State Trooper's accident report showed the following:
-Dan's car had skid marks that never crossed the center line
-Dan had no alcohol or drugs in his system
-Dan was wearing his seat belt
-Dan was driving the speed limit
Mr. McGowan
-was "Obviously intoxicated - failing the field sobriety test with heavy alcohol odor to his breath" (quote from the trooper's official report)
-scored a Field Breathylizer .07
-had numerous empty beer cans and a "Pepsi bottle 1/2 full of a clear liquid smelling of alcohol" were found in the vehicle (this was later found to be vodka)
-had 5 prescription bottles with narcotic medication in the cab of his vehicle and tested positive for opiates and alcohol
-was driving on a revoked license after his previous DUI (his second)
-showed NO skid marks prior to impacting Dan's vehicle in Dan's lane
-was driving the speed limit after returning from a local bar
There were TWO eyewitnesses to the crash, one behind my brother, and one behind Mr. McGowan...both said that McGowan's vehicle crossed the center line and struck my brother...the one behind McGowan said that his vehicle had been weaving for some time prior to the accident.
Mr. McGowan was released the following day on $20,000 bond.
The State's Attorney's office told us that he would be charged with the following:
1) DUI
2) Driving on a revoked license
3) Intentional Maiming (Dan's passenger was critically injured)
4) Involuntary vehicular manslaughter
and he was to be arrested YESTERDAY and held pending going to the grand jury in May.
Well that didn't happen...my Dad received a call from the State's Attorney's office and the judge refused to issue an arrest warrant for LACK OF EVIDENCE:confused:
There will now be a preliminary hearing on 1 May to determine if there is enough evidence to charge him with ANYTHING and send it to a grand jury.:(
What possible additional evidence can be required other than a video tape? My brother is dead, and this guy CONTINUES to walk free.
I am on a mission - but I want my rounds to be well placed in the constituency. My folks are CRUSHED - I want to help...I want SOMEONE to KNOW and DO SOMETHING...
Please provide me some direction...
Humbly-
Joe
The Reaper
03-04-2008, 15:57
Have you retained counsel for a civil suit?
TR
Eagle5US
03-04-2008, 16:03
Have you retained counsel for a civil suit?
TR
In a word...no. More completely, not yet
My folks are still reeling in the paperwork of Dan's death...taxes, insurance, State's Attorney Paperwork etc. Talking to them regarding the civil aspect of it generates intense anger at this point.
The other victims of McGowan's previous DUI's have contacted them to see if they wanted to pursue a class action suit of sorts with all three families at once. So far they are not entertaining this prospect as they are trying to ensure that Dan's little girl will be set and do NOT want to be in a war over any funds that eventually may be awarded.
Eagle
The Reaper
03-04-2008, 16:11
You are not going to get the satisfaction you seem to be seeking by being quiet.
Have you gone to the media or offered them access in return for putting heat on the local judicial system?
BTW, he needs to be sued and receive judgements so severe that he can never afford a car again.
TR
Eagle5US
03-04-2008, 16:21
You are not going to get the satisfaction you seem to be seeking by being quiet.
...
BTW, he needs to be sued and receive judgements so severe that he can never afford a car again.
TR
Agreed on both counts..
Hence my request for where my letter writing skills will make the largest impact. I planned on writing everyone I could find an address for...both via E-Mail and snail mail. Thing is....I can find a LOT of e-mail and snail mail addresses.
Certainly the Governor, the local Mayor, the State delegate's office, the State's Attorney General, Congressmen and Senator, Chief for the Va Dept of Justice, the State's legislator's office to name a few off the top of my head....
As far as the satisfaction I am seeking, WE are seeking, there is a true sense of injustice for us here. He killed a human being, people saw him do it, it was determined he was impaired, AND he was driving on a REVOKED license. Yet we are told there is not enough evidence to arrest and charge him with anything.
His freedom is completely unlimited. No doubt he is currently driving somewhere...still without a license...
Media...good idea...:cool:
Eagle
Eagle, sorry for your loss. I imagine the group MADD may be able to provide some information related to this situation. Good luck.
It would be interesting to know who the judge was in each of the two prior cases.
Same Judge in all three? Conection between the Judge and perp - or the Judge and the perp's Lawyer? Fix his car or something?
A good question would be the county's arrest vs conviction rate.
Had a stinkfest over that one down here in Cumberland County a while back.
Eagle5US
03-04-2008, 16:50
It would be interesting to know who the judge was in each of the two prior cases.
Same Judge in all three? Conection between the Judge and perp - or the Judge and the perp's Lawyer? Fix his car or something?
A good question would be the county's arrest vs conviction rate.
Interesting you should mention that...
the judge that granted the bail on his DUI the day after his arrest was the same judge that refused to sign the warrant for the Invol Manslaughter, driving on a revoked license, and the intentional maiming due to lack of evidence.....
Evidence in my simple mind...
He was driving; that's one
Dan's friend was flown to a Level I trauma center; that's two
Dan is dead after Mr. McGowan's car hit his....pretty cut and dry in my simple brain...
Contact the Prosecutor and request a "sit down" meeting where you can discuss the status of the case, as well as the Prosecutor's plan for moving forward.
There are a million variables here..... one of which is that your father may have misunderstood what the prosecutor was attempting to explain. Being grief stricken, it would be completely understandable.
Once you get that info, post it here and we will take the next step.
As far as civil litigation is concerned, I wouldn't worry about that yet. You have plenty of time to file, and I would concentrate on the criminal trial first.
Besides, civil judgements don't affect sh*tbags (like this guy) the same way that they affect people like you, me, or Reaper..... we actually have jobs, pay our bills, own property that can be repo'd, get checks that can be garnished, etc.....
Criminals like this guy have never had a job, never will...... never own anything, live off of other people, and get all of their cash under the table. Odds are, you would never see a dime (and would still owe an attorney), and the judgement wouldn't impact his lifestyle one bit.
Get some more detailed info, and I will help any way that I can.
Eagle5US
03-04-2008, 16:56
Contact the Prosecutor and request a "sit down" meeting where you can discuss the status of the case, as well as the Prosecutor's plan for moving forward.
There are a million variables here..... one of which is that your father may have misunderstood what the prosecutor was attempting to explain. Being grief stricken, it would be completely understandable.
Once you get that info, post it here and we will take the next step.
As far as civil litigation is concerned, I wouldn't worry about that yet. You have plenty of time to file, and I would concentrate on the criminal trial first.
Besides, civil judgements don't affect sh*tbags (like this guy) the same way that they affect people like you, me, or Reaper..... we actually have jobs, pay our bills, own property that can be repo'd, get checks that can be garnished, etc.....
Criminals like this guy have never had a job, never will...... never own anything, live off of other people, and get all of their cash under the table. Odds are, you would never see a dime (and would still owe an attorney), and the judgement wouldn't impact his lifestyle one bit.
Get some more detailed info, and I will help any way that I can.
Roger all...
Very good points. Thank you.
Roguish Lawyer
03-04-2008, 17:00
I advise you not to take legal advice from non-lawyers.
Anyone want me to teach them some great demo techniques? I did stay at a Holiday Express last night . . . :munchin :D ;)
Eagle5US
03-04-2008, 17:02
I advise you not to take legal advice from non-lawyers.
Anyone want me to teach them some great demo techniques? I did stay at a Holiday Express last night . . . :munchin :D ;)
Ladies and gentlemen, tonight your comic relief will be provided by RL who can be sen right here each and every weeknight. :D
Eagle
Aoresteen
03-04-2008, 17:05
Joe,
I so sorry for your loss.
I would contact Bill O'Riely and get one of his producers to do a story on the judge - they hate worthless judges and if he runs the story the judge will feel the heat.
Also contact Sean Hanity.
Joe,
As with everyone here, I too wish to express my sincerest condolences to your families loss.
Can't offer any advice on the legal matter (it's not my forte'), but yes the media is a great place to go.
Also look at any local chapters of MADD and or DADD in your area. They have handled situations like this before in the past, and I'm sure would be quit good at helping you and your family out.
R.L. ........ How's the Veal tonight?
I advise you not to take legal advice from non-lawyers.
Anyone want me to teach them some great demo techniques? I did stay at a Holiday Express last night . . . :munchin :D ;)
True. However, had an attorney (the DA) done his/her job and thoroughly explained the status of the case, the next step in the process, and the family's options, then I doubt Eagle5US would be here asking us laymen.;)
Remington Raidr
03-04-2008, 19:00
The issue of criminally charging is state specific, so unless someone is licensed in VA anything would be a guess. It is possible that the prosecutor felt the same way you did and legally dropped the ball, didn't cross his/her t's and dot all the i's, but if so, you are the last person the prosecutor wants to have a sitdown with.
As to what you can do, make sure you attend every hearing in the matter that is open to the public. Be prepared for a lot of cancellations and reschedulings and more frustration. I second the suggestion of contacting the local chapter of MADD to see what they have.
Assuming he is charged, and the two reasons for setting bail are the likelyhood he will flee the jurisdiction and the danger he presents to the community, let us know what bail is ultimately set at.
As far a civil prosecution, since it was not his first time and he was operating without a valid license, I'm guessing he was not insured.
Again, all just guesses from afar.
Eagle, you have my sincere condolences. I will keep you and your entire family in my prayers.
I hope you get this SOB. And the judge.
No Advice just my condolences and prayers.
God bless and stay persistant.
Get the SOB
CoLawman
03-05-2008, 08:40
Mr. McGowan was released the following day on $20,000 bond.
The State's Attorney's office told us that he would be charged with the following:
1) DUI
2) Driving on a revoked license
3) Intentional Maiming (Dan's passenger was critically injured)
4) Involuntary vehicular manslaughter
and he was to be arrested YESTERDAY and held pending going to the grand jury in May.
Eagle, I am very sorry about the loss of your younger brother. My condolensces to you and your parents and all who are suffering from the loss.
I am a little confused on the information you posted. It appears that the jerk was arrested for the offense and then made bail. Remember that bail is used to insure the idiot appears in court. It serves no other purpose. Even the worst of the worst have the right to bail, unless it is a capital offense. To seek to arrest the jerk for the same offense seems completely out of the norm unless there were additional charges.
I do not understand why the prosecutor was saying that he was going to be "re-arrested", that seems unusual. You mention both a preliminary hearing and a Grand Jury. Preliminary Hearings are used in place of indictments through a grand jury. Both systems are used to determine "Probable Cause" that the idiot committed the offense he was "charged" with. If indicted there is no Preliminary Hearing. If there is a preliminary hearing there was no indictment. Preliminary Hearings are used when an information is filed. The Grand Jury is used to indict. The Preliminary Hearing determines if there is enough evidence to proceed to trial, NOT proceed to GRAND JURY.
If I am confused, then you and your family most certainly are confused. Please contact the State Trooper who is the lead investigator. He will be more than happy to meet with you and your parents. He can give you the facts without all the legalize and perhaps clear up some very confusing information you received from the prosecutor.
It appears that the evidence is quite strong based on the facts presented.
Good Luck and God Bless you and your family.
Eagle5US
03-05-2008, 10:49
I do not understand why the prosecutor was saying that he was going to be "re-arrested", that seems unusual. You mention both a preliminary hearing and a Grand Jury. Preliminary Hearings are used in place of indictments through a grand jury. Both systems are used to determine "Probable Cause" that the idiot committed the offense he was "charged" with. If indicted there is no Preliminary Hearing. If there is a preliminary hearing there was no indictment. Preliminary Hearings are used when an information is filed. The Grand Jury is used to indict. The Preliminary Hearing determines if there is enough evidence to proceed to trial, NOT proceed to GRAND JURY.
It appears that the evidence is quite strong based on the facts presented.
Good Luck and God Bless you and your family.
Thanks for this info...
As we understand it, the only offense he was initially charged with was the DUI with the remainder of the charges to follow...this was what the bail was determined for.
Again, as we understand it. We could be absolutely wrong.
The remainder of the listed charges were to be added when he was supposed to be arrested on Monday this week. The Commonwealth Atty called my Dad and told him the judge would not issue the warrant based on a lack of evidence and that there would be a preliminary hearing on 1 May to determine if it would go to a grand jury.
With all that is going on, we may well be under a less than clear understanding of the process...I'll try and get some clarification.
Thank you for taking the time to point out the inconsistencies in the system as I have relayed it.
Eagle
Eagle,
I got nothing for you on the legal front other than retain good counsel.
But I would help you in any way -thru email, letter writing campaigns, phone calls and setting up a web site - to contact local news stations, newspapers, and national media outlets. Let me…hell let all of us know what we can do.
Again God Speed to you and your family.
Eagle,
I am very sorry for the loss of your beloved brother. Prayers out to you and your entire family.
CoLawman
03-05-2008, 20:28
Eagle,
That cleared alot up. His having been charged with the DUI and then released on bond with additional charges pending clears it up. I would like to clear up something I said. The common wealth uses Preliminary Hearings in front of a judge to determine if a case will go to a Grand Jury. The Grand Jury then determines if the case will go to trial. Seems redundant as both determine Probable Cause, but such is the case in Virginia.
Again I am so sorry about the loss of your brother. Hopefully justice will be done in this case.
Cannot offer anything other than my condolences and fast digging. I'm sorry for you and your family. I dealt with this as a teenager, but from the opposite side. A very small fraction of those that commit these acts are truly sorry and will never change.
Seek what counsel you can, stay the course, and see this SOB take his share of it in the pen.
We're behind you and will help with what we can.
V/R
SSG B
x-factor
03-05-2008, 21:37
Its a criminal conviction you want, not civil restitution (like someone said, the loser is probably judgement proof) so I'm not sure getting your own counsel is going to do much towards your goal...but as RL said, its better to get your legal advice from people who actually went to law school.
At a minimum, I think whoever advised you to sit down with the prosecutor had the right idea. I'd make contact with the prosecutor and put a face to the case number. That might put a little extra fire in his effort.
Its a terrible spot to be in. Bless you and your family.
AngelsSix
03-05-2008, 22:51
Sir,
You have my deepest condolences on your loss. I apologize for posting this so late, as I was in school here in TX. I actually heard about that accident and had no idea at the time who it involved, but I was aware that it involved an intoxicating substance. I am not a lawyer, but I am an LEO. I know that LEO's can actually request a particular judge to hear a case here in NC, while that request may be denied, we would simply ask the DA to reschedule the case for the court date that a particular judge will be sitting. The DA and Prosecutor know the judges' schedules. It might not hurt to try to work with the State Troopers if they are willing to help out with sceduling the case, they would for sure know which judges are "tough" on DUI's. I respect a good deal of the Troopers, they have always stopped to check on me when I have made a stop.
My best to you and yours, please let me know if I can help with anything else. I miss VA, but not some of the politics.
Roycroft201
03-06-2008, 00:39
Eagle,
I am so very sorry about the loss of your brother.
My thoughts and prayers are with you and your family.
RC201
Spartan359
03-06-2008, 00:45
Eagle, you have my sincere condolences.
God Bless.
Eagle5US
03-06-2008, 05:24
Thank you everyone for your kind words and condolences....
I'll post up progress as it becomes available.
Eagle
GratefulCitizen
03-06-2008, 09:05
Eagle,
For you and your family,
I pray that justice will satisfy your anger and frustration, that time will ease the mourning, and that the good memories from earlier in life remain fresh.
Eagle,
I got nothing for you on the legal front other than retain good counsel.
But I would help you in any way -thru email, letter writing campaigns, phone calls and setting up a web site - to contact local news stations, newspapers, and national media outlets. Let me…hell let all of us know what we can do.
Again God Speed to you and your family.
+4
I send my condolances, if there is anything, my family or I can do to help you get some measure of justice, please don't hesitate to ask. God Bless you and yours.
Donjulio
03-06-2008, 13:40
My condolances to you & your family for your loss.
Many here have given you some very good advice, and although I am not a lawyer, my family has gone through a similar situation with the loss of one of my uncle.
I believe The_Reaper gave you advice about securing council for civil suit. I would agree this may be your only path if prosecutors become unwilling to persue criminal charges. The legal system can be seemingly unjust in many situations like this.
The only thing I have to add to the advice you have seen here, and which can be relatively cheap to initiate, is hire a PI to do an extensive background check on the perp. To include close family members. I would suggest doing this before Mr. McGowan percieves your intent to sue. Reason being that money & possesions will be quickly transferred if he begins thinking you will come after him. If you document his assets now, and if possible keep track of what he does with them, it may be possible to claim that property even after it has been transferred. (this goes a long way should he be getting help from family members & friends...they will be much less apt to help him if their property & finances begin being confescated for having helped him try to skirt the system)
As Reaper said, you can at the very least limit his ability to even own a vehicle or find employment, and thus taking him off the road so another family will not have to become victims of his reclessness.
After you initiate this process, I would also agree with contacting media icons like Bill O'Reily. He does seem to put a lot of heat on Judges & prosecutors not doing their job. His producers may even have some good PI's to contact for the above.
I know all this information does not help your family heal right now. But legal issues like this drag out for years. That is the painful truth. And in a couple of years you & your family may get some satisfaction with the hell his life will be put thru.
He is a repeate offender, he will do this again if given the chance. For what it is worth, I hope to hell he hits a pole or a tree next time & paralyzes himself.
Mostly, I hope you and your family find a healthy way to move past this time & do what is best for your brother's children. I would guess this would be your brother's wish as well.
frostfire
03-06-2008, 17:02
My condolances, Sir. Prayer sent.
EAGLE
My heartfelt condolonces on your loss.
Eagle5US
03-08-2008, 07:26
UPDATE:
I spoke at length yesterday with the prosecutor for the Commonwealth.
Long story short, it was a substitute judge in the circuit court the day that "re-arrest" was denied on the basis of "lack of evidence".
The original charge McGowan was arrested on was all four counts as previously described and that he was given bond for. There was a lack of NEW evidence to support ADDITIONAL charges and the substitute judge was (according to the Commonwealth Atty) not familiar with all of the intricacies of that level of circuit court, so he went the most traditional route...basically leave things as they are until the regular guy comes back.
The bond is now being appealed by the Commonwealth Attorney's office in an effort to get McGowan remanded back into custody. The date for this hearing is 1 April.
The probable cause hearing remains 1 May, but confidence is high enough that the Grand Jury hearing is already scheduled for 2 May.
Thank you all for your continued support. I'll update as information become available.
Eagle