Comment Re:yet if we did it (Score 4, Insightful) 463
A relative perspective argument? That is cute, and I like that... Congratulations, you've won the argument because yes, no one can dispute that from his perspective he would have seen something that would have looked like the whole world swerved into him! It's officially entered philosophical territory of "what is real" versus "what is perceived", and "what does perception even mean" solely in the mind of Deputy Wood territory?
But Deputy Wood knowingly misled his colleagues about other details including that he applied the brakes and swerved to avoid Mr. Olin and that Mr. Olin corrected his path to make contact with the Deputy's Patrol Vehicle anyways, that he was being attentive and did everything right. Deputy Wood only acknowledged them a week later when confronted with irrefutable evidence that he did not apply his breaks, swerve, and was in fact using his MDC and Cell Phone moments before the incident did his story changed from this elaborate and complex narrative to "I don't recall".
He made a conscious choice to send 9 text messages back and forth with his wife while driving 4 miles per hour over the posted speed limit on a windy road with reduced visibility, IM with his "Bud" on his Department issued, vehicle installed computer, and in the process not even notice the human being that died through his inattention. If he had, he would have been able to swerve or apply his brakes prior to impact rather than after the fact, as the findings had shown.
The concern is that Deputy Wood killed someone and as "the People can not prove beyond a reasonable doubt that Wood's momentary distraction in the performance of his duties constituted a failure to use reasonable care to prevent reasonably foreseeable harm", he will receive no punishment, including a reprimand from his place of employment. That is ultimately the problem, where making his lunch plans with 'Unit 224T2' is now classified as the performance of his duties! (I speak from personal experience from working with a Sheriff's Office, and at 1:00pm if someone is asking if you're Code 4, they're asking if you're able to go Code 7.)
But Deputy Wood knowingly misled his colleagues about other details including that he applied the brakes and swerved to avoid Mr. Olin and that Mr. Olin corrected his path to make contact with the Deputy's Patrol Vehicle anyways, that he was being attentive and did everything right. Deputy Wood only acknowledged them a week later when confronted with irrefutable evidence that he did not apply his breaks, swerve, and was in fact using his MDC and Cell Phone moments before the incident did his story changed from this elaborate and complex narrative to "I don't recall".
He made a conscious choice to send 9 text messages back and forth with his wife while driving 4 miles per hour over the posted speed limit on a windy road with reduced visibility, IM with his "Bud" on his Department issued, vehicle installed computer, and in the process not even notice the human being that died through his inattention. If he had, he would have been able to swerve or apply his brakes prior to impact rather than after the fact, as the findings had shown.
The concern is that Deputy Wood killed someone and as "the People can not prove beyond a reasonable doubt that Wood's momentary distraction in the performance of his duties constituted a failure to use reasonable care to prevent reasonably foreseeable harm", he will receive no punishment, including a reprimand from his place of employment. That is ultimately the problem, where making his lunch plans with 'Unit 224T2' is now classified as the performance of his duties! (I speak from personal experience from working with a Sheriff's Office, and at 1:00pm if someone is asking if you're Code 4, they're asking if you're able to go Code 7.)