[Final (?) Update 1/9/2015; defendant pleaded guilty to one count of 28-1201 endangerment, a Class 6 (the most minor) felony. Notably, the charge that was dropped, hit-and-run, is a much more serious class, class 3, and also would have triggered a mandatory 5-year license . The sentence is 3 years probation. One wonders how endangerment can possibly be “non-dangerous” but it’s right there in the deal. Sweet deal for the defendant, though it was a very long and drawn out — the collision he ran from occurred almost a year and a half ago — and presumably very expensive process ] Continue reading Hit and Run and good-old-fashioned-policework
[ There was an Oct 2015 Court of Appeals ruling against Nissley ]
[ THE OUTCOME: Nissley trial began mid-August and was in Day 14 as of 9/13/2012 “Chester Flaxmayer is sworn and testifies” Case minutes. Some news coverage on the trial: Man using diabetes defense in trial; Man in pedestrian’s death was on meth, prosecutor says
The EIGHTEEN DAY trial wrapped up on 9/20/2012 (sounds mighty expensive!) The trial lawyer was Lawrence Kazan, the lawyer whom AZRepublic columnist Laurie Roberts refers to as “the Valley’s go-to attorney for bad drivers – the ones who can afford him, that is”.
Verdict: guilty of manslaugther and several other ancillary charges. The jury also found aggravating factors for all the charges; one of them being he “used a dangerous instrument, his car, in the commission of a crime”. Paradise Valley man who claimed diabetes in fatal crash guilty. ]
It’s an usually warm early November afternoon. You’re strolling down a lovely sidewalk in Paradise Valley, AZ when suddenly, BAM, you’re dead.
(see more and other Are Cars Dangerous? stories).
Head-on collision in Paradise Valley leaves pedestrian dead
by Lauren Worthington – Nov. 3, 2010 11:40 AM
The Arizona Republic
A pedestrian is dead and five people are in the hospital after a head-on collision in Paradise Valley. The pedestrian has been identified as [plastic surgeon and ‘top doc’]]Richard Pavese, 62, of Phoenix, police said Wednesday. About 5:45 p.m. Tuesday, Patrick Nissley, 25, of Paradise Valley was traveling north in the southbound lane of Invergordon Road near East Vista Drive when he struck the corner of a 2003 Lincoln Town Car. Nissley’s car, a white 2009 BMW, glanced off the Lincoln Town Car and drove over the sidewalk, hitting and killing a pedestrian, Paradise Valley police spokesman Alan Laitsch said. The driver of the Lincoln Town Car, Craig Lesman, 42, of Phoenix, and his passengers — a 61-year-old man and two women, ages 62 and 70 — were transported to Scottsdale Healthcare Osborn Medical Center and St. Joseph’s Hospital and Medical Center with non-life-threatening injuries. Nissley was transported to an area hospital in serious condition. The cause of the accident is under investigation. Continue reading Seriously, how often does this happen?
At this stage, with the investigation into Allen Johnson’s death still pending — there is understandably a lot of conjecture regarding what charges may be brought, or not brought, as the case may be.
I’ve seen this movie before, and the outcome is (almost) always the same — there are only two things that (reliably) bring criminal charges. They are DUI and leaving the scene.
If the exception proves the rule, and I think it does, take a deep breath and read the results of this quintuple homicide. This case gives one answer to the question: exactly what can a negligent driver do (besides the two aforementioned things) to get indicted for murder?
Laurie Roberts did a great job of bringing this story to light in her column (alternately see Laurie’s blog and entry on the same subject and the aftermath). A news story ran in the East Valley Tribune.
Roberts writes: “Then he did the smartest thing he could do. He hired Larry Kazan, the Valley’s go-to attorney for bad drivers – the ones who can afford him, that is”
The synopsis is, in case the links to those stories disappear: Robert Logan Myers III plead guilty to five counts of Neg Hom stemming from a collision where he was speeding and ran a red light colliding with a left-turner. In the deal where he got 1 year in jail (the nominal sentence would be 5 time 2.5 years), work release for 16 hours a day, 7 days a week, payment of restitution of about $451,000, 4 years of probation. No mention of his driver’s license — of course how would he get back and forth from jail every day without one?!
The outcome of this, albeit highly unusual prosection, makes me wonder if pursuing criminal charges, heretofore what I considered the “holy grail” of holding someone responsible is the way to go. There must be a better way. ??
A driver was arrested on suspicion of five counts of manslaughter (see homicide categories) and 3 aggravated assaults. What makes this unusual is the absence of suspicion of DUI. We shall see what the prosecutor does with it. This is a tantalizing comment: “data recorded when the truck’s airbags deployed substantiated detectives’ findings that Myers was driving at ‘an excessive speed,’ “. Data recorder? We (the public) often hear that these sorts of crashes are tragedies but not crimes — because the prosecutor claims that they can’t prove anything. Continue reading Driver arrested in quintuple(!) fatality — excessive speed and red-light-running alledged