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Old 03-04-2008, 15:52   #1
Eagle5US
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Join Date: Jan 2004
Location: Tampa
Posts: 2,536
Question 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
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"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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