Legal Assistance...civilian

[jaytee]

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]

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]

My condolances, Sir. Prayer sent.

[swpa19]

EAGLE

My heartfelt condolonces on your loss.

[Eagle5US]

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