03-04-2008, 15:52
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#1
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Quiet Professional
Join Date: Jan 2004
Location: Tampa
Posts: 2,536
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Legal Assistance...civilian
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
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
__________________
Primum non Nocere
"I have hung out in dangerous places a lot over the years, from combat zones to biker bars, and it is the weak, the unaware, or those looking for it, that usually find trouble.
Ain't no one getting out of this world alive. All you can do is try to have some choice in the way you go. Prepare yourself (and your affairs), and when your number is up, die on your feet fighting rather than on your knees. And make the SOBs pay dearly."
The Reaper-3 Sep 04
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Eagle5US is offline
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03-04-2008, 15:57
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#2
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Quiet Professional
Join Date: Jan 2004
Location: Free Pineland
Posts: 24,829
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Have you retained counsel for a civil suit?
TR
__________________
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910
De Oppresso Liber 01/20/2025
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The Reaper is offline
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03-04-2008, 16:03
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#3
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Quiet Professional
Join Date: Jan 2004
Location: Tampa
Posts: 2,536
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Quote:
Originally Posted by The Reaper
Have you retained counsel for a civil suit?
TR
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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
__________________
Primum non Nocere
"I have hung out in dangerous places a lot over the years, from combat zones to biker bars, and it is the weak, the unaware, or those looking for it, that usually find trouble.
Ain't no one getting out of this world alive. All you can do is try to have some choice in the way you go. Prepare yourself (and your affairs), and when your number is up, die on your feet fighting rather than on your knees. And make the SOBs pay dearly."
The Reaper-3 Sep 04
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Eagle5US is offline
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03-04-2008, 16:11
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#4
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Quiet Professional
Join Date: Jan 2004
Location: Free Pineland
Posts: 24,829
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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
__________________
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910
De Oppresso Liber 01/20/2025
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The Reaper is offline
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03-04-2008, 16:21
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#5
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Quiet Professional
Join Date: Jan 2004
Location: Tampa
Posts: 2,536
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Quote:
Originally Posted by The Reaper
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
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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... 
Eagle
__________________
Primum non Nocere
"I have hung out in dangerous places a lot over the years, from combat zones to biker bars, and it is the weak, the unaware, or those looking for it, that usually find trouble.
Ain't no one getting out of this world alive. All you can do is try to have some choice in the way you go. Prepare yourself (and your affairs), and when your number is up, die on your feet fighting rather than on your knees. And make the SOBs pay dearly."
The Reaper-3 Sep 04
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Eagle5US is offline
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03-04-2008, 16:42
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#6
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Area Commander
Join Date: Feb 2005
Location: Pinehurst,NC
Posts: 1,091
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Eagle, sorry for your loss. I imagine the group MADD may be able to provide some information related to this situation. Good luck.
__________________
Let us conduct ourselves in such a fashion that all nations wish to be our friends and all fear to be our enemies. The Virtues of War - Steven Pressfield
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dennisw is offline
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03-04-2008, 16:45
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#7
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Quiet Professional
Join Date: Feb 2005
Location: Fayetteville
Posts: 13,080
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Judge?
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.
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Pete is offline
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03-04-2008, 16:50
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#8
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Quiet Professional
Join Date: Jan 2004
Location: Tampa
Posts: 2,536
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Quote:
Originally Posted by Pete
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.
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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...
__________________
Primum non Nocere
"I have hung out in dangerous places a lot over the years, from combat zones to biker bars, and it is the weak, the unaware, or those looking for it, that usually find trouble.
Ain't no one getting out of this world alive. All you can do is try to have some choice in the way you go. Prepare yourself (and your affairs), and when your number is up, die on your feet fighting rather than on your knees. And make the SOBs pay dearly."
The Reaper-3 Sep 04
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Eagle5US is offline
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03-04-2008, 16:53
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#9
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Guerrilla
Join Date: May 2007
Location: The Show Me State
Posts: 247
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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.
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mdb23 is offline
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03-04-2008, 16:56
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#10
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Quiet Professional
Join Date: Jan 2004
Location: Tampa
Posts: 2,536
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Quote:
Originally Posted by mdb23
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.
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Roger all...
Very good points. Thank you.
__________________
Primum non Nocere
"I have hung out in dangerous places a lot over the years, from combat zones to biker bars, and it is the weak, the unaware, or those looking for it, that usually find trouble.
Ain't no one getting out of this world alive. All you can do is try to have some choice in the way you go. Prepare yourself (and your affairs), and when your number is up, die on your feet fighting rather than on your knees. And make the SOBs pay dearly."
The Reaper-3 Sep 04
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Eagle5US is offline
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03-04-2008, 17:00
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#11
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Consigliere
Join Date: Jan 2004
Location: Free Pineland (at last)
Posts: 8,845
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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 . . .   
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Roguish Lawyer is offline
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03-04-2008, 17:02
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#12
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Quiet Professional
Join Date: Jan 2004
Location: Tampa
Posts: 2,536
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Quote:
Originally Posted by Roguish Lawyer
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 . . . |
Ladies and gentlemen, tonight your comic relief will be provided by RL who can be sen right here each and every weeknight.
Eagle
__________________
Primum non Nocere
"I have hung out in dangerous places a lot over the years, from combat zones to biker bars, and it is the weak, the unaware, or those looking for it, that usually find trouble.
Ain't no one getting out of this world alive. All you can do is try to have some choice in the way you go. Prepare yourself (and your affairs), and when your number is up, die on your feet fighting rather than on your knees. And make the SOBs pay dearly."
The Reaper-3 Sep 04
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Eagle5US is offline
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03-04-2008, 17:05
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#13
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Quiet Professional
Join Date: Aug 2006
Location: Newnan, GA
Posts: 274
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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.
__________________
Tony
Newnan, GA
W1AJO
De Oppresso Liber
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Aoresteen is offline
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03-04-2008, 17:31
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#14
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Area Commander
Join Date: Feb 2004
Location: The Black Hills of SD
Posts: 5,945
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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?
__________________
Non Sibi Sed Suis
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Sdiver is offline
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03-04-2008, 17:39
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#15
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Guerrilla
Join Date: May 2007
Location: The Show Me State
Posts: 247
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Quote:
Originally Posted by Roguish Lawyer
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 . . . |
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.
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mdb23 is offline
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