www.vnews.com
Wednesday, December 5, 2018
Jim Kenyon: A Second Chance at Less Time
Eric Daley went to prison when he was 23 after leading Vermont State Police on a high speed chase that resulted in the death of Trooper Michael Johnson in 2003. After 15½ years behind bars, Daley, now 38, is seeking to have his sentence vacated due to “ineffective assistance of counsel.”
www.vnews.com
www.vnews.com
Subscribe to:
Post Comments
(
Atom
)
---
Sign by Danasoft - For Backgrounds and Layouts
Now, I wasn't living here in '03, and I don't know the particulars of this case. However, it seems to me that this guy's sentence was a bit harsh, compared to the time criminals are getting these days. Are there softer judges now? Maybe the "drugs made me do it" defense is working. It shouldn't. Rehabilitation vs. retribution does not automatically mean short sentences for major crimes. Just because someone was high when they did it is not an excuse.
ReplyDeleteWas a case of contributory negligence. Officer dispatched spikes to disable the speeding car, knowing it would loose control. Then stood in its path.
ReplyDeleteThat would make for a lighter sentence, wouldn't it? If that's the case, this guy really did have a lousy lawyer!
DeleteSergeant Johnson was not "standing" in the path of Daley's car.
DeleteThe high-speed crash was just over a mile away when Johnson laid down the spikes. As the chase approached the spikes, an officer in pursuit of Daley observed Johnson run across the southbound lane toward his parked cruiser.
Once Daley struck the spikes, he swerved sharply to the left and lost control of his car.
It crossed onto the grass median, spun down a slope, and struck Johnson, who was thrown about ninety feet by the collision.
Daley stopped in the northbound lane of I-91 and he fled the scene on foot. He was apprehended in Pennsylvania two days later.
Daley may feel his sentence was too severe but he would do well to remember that Michael Johnson is still dead.
Contributory negligence or not, cop killers always get stiffer sentences.
ReplyDeleteGood Lesson for Daley would be don't run from the police as that was ultimately what lead to the death of a person (husband, son, father or the female equivalent etc) who puts their life on the line to protect us all.
ReplyDeleteSo Daly was being pursued at high speed because he failed to complete court mandated offender program which was due to traffic violations.Traffic violations! Have I got that right?
ReplyDeleteI suppose high speed chase rules have changed over the years since then, but really? Not excusing Daly's actions but there was nothing intentional in his actions that would point to 'intent to harm'. He's done plenty of time and as difficult as it is for me to write this....let him out.
He was NOT being pursued because of previous traffic violations. What Jim Kenyon left out of his story was this:
DeleteOn the afternoon of June 15, 2003, Trooper Michael Smith of the Vermont State Police stopped Daley for speeding on Interstate 91. During the ticketing process, the officer requested background information about the driver, later identified as Daley, and learned that he had previously been arrested for possession of illegal drugs.
Shortly after Trooper Smith completed the paperwork, another officer, Sergeant Page, arrived at the scene and advised Trooper Smith to detain defendant until they located a canine unit to search the car for illegal drugs.
Upon learning that a unit was not available, Trooper Smith was about to inform Daley that he was free to leave when he heard Daley's tires squeal and observed him drive away at a high rate of speed traveling south on Interstate 91.
THAT is why he was being pursued at a high speed.
so if he was free to go why did they chase him?
DeleteA more appropriate question would be why, in the presence of two state police officers, did he suddenly feel the urge to leave a traffic stop without warning, and BEFORE they had told him he was free to leave?
DeleteIf you can't see the reason why they chased a guy (with a record of possession) after he pulled that stunt, there is very little I can offer to help you out.
If I was the officer, I would immediately believe he had something to hide, large quantities of drugs, illegal guns, something to hide, and that should be investigated, the only way to do that is chase him down, if he didn't he should have stayed, He caused the mess he's in.
DeleteOk, got it, thanks. The reporter seems to have left out a lot of details.
ReplyDeleteHowever, leaving a police stop for speeding would never institute a high speed chase today.....for what?, they already have all his information and will apprehend him eventually. Risk to the public, officer or offender would preclude a chase today. This I know.
Criminals can be Criminals, But Police shouldn't do their jobs is what that says?
ReplyDelete