The Vehicular Homicide Trial of State Trooper Higbee

[Mike 03]

This is not a case I had followed or even heard of until, by accident, I began watching the live telecast of the trial on cnn's website.

If you have been following this case, what do YOU think about it? As someone who has only been watching the trial since last Thursday, I can attest quite honestly that I don't have a strong opinion other than:

This judge seems very thoughtful and intelligent, much better than Judge Ito from the Simpson debacle.
The defense attorney annoys the piss out of me, but he is doing exactly what he should be doing. He has to be careful not to piss off the jury.
I like the Prosecutor, but I also liked Chris Darden and Marcia Clark, so I was really in the minority there.

But what do you all think of the case itself?

Was this homicide?
Was it a terrible, tragic accident?
Should he go to jail or prison?
Is this properly a criminal matter or should it be a civil matter?

Is this case a precedent, if anyone knows? Has a law enforcement official whose conduct during a chase ever resulted in the death of innocent bystanders ever been brought to trial before?

I can tell I'm going to be sucked into watching this trial, because it is truly fascinating. But I have not watched a trial day by day since the Simpson trial. Before that, it was Rodney King. So I am not a regular trial-watcher.

[orion007]

1. An accident would be

for example...sliding on black ice, or brake failure, or trying to avoid another car or child and having this result in the death of someone.

I've seen a few hours of this trial last/this week and I heard a discussion on a civil case that has already been settled.
No mention of a trial or awarded amount of money.

If it were you or I who did his actions we would be charged criminally, as he is.

The laws have been changed in many states for police chases due to causing injuries and death to innocent people. None of these high speed chases in residential neighborhoods, see what state this took place in and find the police policy/laws on this.
Charges have been brought against police officers/departments by the victims or their families and in the past, just google, I don't remember any specific cases, but they're out there.

Homicide,, due to his reckless driving 2 beautiful young girls were killed.
Yes to jail time

I also saw the girl's mother embrace the officer, said she has forgiven him and it was right after that that the civil trial was mentioned.

That's it for me and this trial

[Mike 03]

3. Thank you for your opinion and well-considered argument.

I will think carefully about what you have written. It's hard to argue. They were beautiful girls indeed, and the thought of their deaths is very painful.

Having two sisters myself, I can only imagine the horror and anger I would have if this had happened to them.

[ThirdWorldJohn]

2. Yep -

Prosecutors say Higbee's actions were recklessly criminal, while the trooper's attorneys say the collision was nothing more than a tragic accident by a policeman in pursuit of a speeder.

Within hours of the collision, the state police acknowledged that Higbee was responsible. The girls' mother, Maria Caiafa, settled a $2 million lawsuit last year that she had filed against Higbee and the state police.

Higbee is suspended without pay. If the jury finds him guilty, the trooper could face as many as 20 years in prison.

Robert Taylor, whose minivan at the time of the accident was stopped on the northwest corner of Stagecoach and Tuckahoe Roads in the Marmora section of Upper Township, testified yesterday that his son alerted him to the "crazy driving" of an oncoming speeding vehicle they saw on the other side of Stagecoach barreling toward the intersection.

The car apparently was Higbee's cruiser, which, according to Taylor, seemed to accelerate as it entered the intersection.

Taylor's testimony backed up statements last week from First Assistant Prosecutor David Meyer, who said information obtained from an "event data recorder" inside Higbee's patrol car indicated that 520 feet from the intersection, at a sign warning of a stop sign ahead, the trooper touched his brakes lightly before accelerating again.

The recorder shows Higbee topped 70 m.p.h. on the road, which has a 35 m.p.h. speed limit.

The police car struck broadside the white minivan traveling west on Stagecoach and driven by Jacqueline Becker, 17. So great was the impact of the collision that Becker and her sister, 19, were thrown through the passenger's side window. Both were pronounced dead at the scene.

Taylor's van was also struck during the collision, but he and his son had only minor injuries.

Earlier in the day, Trooper John Schulke testified that he was the first responder on the scene and found Higbee walking away from the Becker vehicle looking upset.

The trial has garnered the attention of both the law enforcement community - which has supported Higbee since the collision - and victims' advocate groups.

Testimony is scheduled to continue today in the trial, which is expected to last at least six weeks.

http://www.philly.com/philly/news/local/20090512_Witness_in_Higbee_trial_describes__quot_crazy_driving_quot_.html

[Mike 03]

4. Excellent input. Thanks. Also, thank you for the link.

It's hard to look at those two girls and not get very emotional. What a tragedy.