|
Post by sader1970 on Feb 22, 2019 14:57:46 GMT -5
I lived in the Syracuse area for a long time and couldn't stand BOH-HYME but this is just a sad situation and my heart goes out to the person killed and Coach Boeheim as one can only imagine and shudder at what he is going through right now.
|
|
|
Post by Chu Chu on Feb 22, 2019 18:22:49 GMT -5
Agreed. Very sorry for him.
They have sold 36,000 t tickets for the Duke game.
|
|
|
Post by bison137 on Feb 22, 2019 18:28:47 GMT -5
|
|
|
Post by HC92 on Feb 22, 2019 19:04:39 GMT -5
Not a Boeheim fan but definitely a terrible situation for everyone involved.
|
|
|
Post by sader1970 on Feb 22, 2019 19:55:18 GMT -5
Can’t tell exactly where this happened but years ago this general area was pretty isolated.
|
|
|
Post by sader81 on Feb 22, 2019 21:54:23 GMT -5
Probably will be charged wth the equivalent of a negligent homicide.
|
|
|
Post by bison137 on Feb 22, 2019 21:56:41 GMT -5
Probably will be charged wth the equivalent of a negligent homicide. Not sure if you read the article. There is no chance he will be charged with anything - nor should he be.
|
|
|
Post by Tom on Feb 23, 2019 9:19:28 GMT -5
Probably will be charged wth the equivalent of a negligent homicide. You're more in tune with application of the law than I am, but based on the second article linked, I'm not sure what he could have done differently to be negligent Fitzpatrick the DA is wisely hedging his bet pending investigation, but that's a pretty good preliminary endorsement for Boeheim
|
|
|
Post by sader1970 on Feb 23, 2019 9:45:30 GMT -5
With a BAC of 0.0%, and Boeheim the equivalent in central NY to Coach K at Duke, coupled with a police report that essentially says he did what the "reasonable and prudent" driver would have done, that hearing will be pro forma.
Again, not knowing exactly where this happened, I have traveled this road and know that unless they made significant improvements, this location on 690 and near Thompson Road exit is isolated, dark (unlit) and curves in the road. Coming up suddenly on an accident blocking 2 of 3 lanes at interstate speeds, the prudent driver, knowing he can't stop in time will try to avoid the cars and go to the one lane available to him to try to steer around.
As hard as it is for me to feel sympathy for almost any occasion for this whiney, chair-throwing, arrogant guy - this is the one exception.
|
|
|
Post by bison137 on Feb 23, 2019 10:32:38 GMT -5
With a BAC of 0.0%, and Boeheim the equivalent in central NY to Coach K at Duke, coupled with a police report that essentially says he did what the "reasonable and prudent" driver would have done, that hearing will be pro forma. Again, not knowing exactly where this happened, I have traveled this road and know that unless they made significant improvements, this location on 690 and near Thompson Road exit is isolated, dark (unlit) and curves in the road. Coming up suddenly on an accident blocking 2 of 3 lanes at interstate speeds, the prudent driver, knowing he can't stop in time will try to avoid the cars and go to the one lane available to him to try to steer around. As hard as it is for me to feel sympathy for almost any occasion for this whiney, chair-throwing, arrogant guy - this is the one exception. Agree on all counts. And to make it worse, the car blocking the two lanes had its lights out, so by the time he even saw the car, he was likely very close to it.
|
|
|
Post by sader81 on Feb 23, 2019 12:27:11 GMT -5
Probably will be charged wth the equivalent of a negligent homicide. Not sure if you read the article. There is no chance he will be charged with anything - nor should he be. These investigations often take a year to complete. They will grab the black box from his car, and fully analyze it. Any degree of negligence, for instance, was he traveling in excess of the speed limit prior, will result in a charge. I will be very surprised if he is not charged.
|
|
|
Post by woofan on Feb 23, 2019 12:29:06 GMT -5
I lived 30 miles East of Watertown for 2 years. The shortest way to Syracuse was to get on state hwy 177 and join 81 S about 10 miles south of Watertown. Unfortunately, hwy 177 crosses Tug Hill and Barnes Corners which is really only an intersection averages 300" of snow per year. Great area for snowmobilers. It is a remote area. I have eaten at Joey's at the former Carrier Circle many times. I have been told Boeheim ate there that night. Driving in the North Country and the Syracuse area in the winter is not for the timid. It can be terrifying. Boeheim has brought pride to an area for decades that has little to cheer about but "The Orange". I went to Syracuse to see HC play four years ago. I believe The Orange double HC's score. The final was something like 94 to 47. Everyone who has ever played bball knows of the 2-3 zone. Syracuse plays it better than any other team and has for decades. If you cheer for Syracuse and the Buffalo Bills, you have fewer memorable seasons than Chicagoans - and I am one. This Boeheim incident is a tragedy for all involved. Drive there in "White Outs" and odds are you will become enlightened as to the challenges of truly "safe driving".
By the by, I went to a grocery store opening in Northern PA in the summer right off 81. Boeheim was there showing his support for the new enterprise. I was with a classmate and we talked to him for about 10 minutes about bball. To say he was approachable and generous is an understatement. He was a nice guy. What more needs to be said?
|
|
|
Post by beaven302 on Feb 23, 2019 14:01:59 GMT -5
Probably will be charged wth the equivalent of a negligent homicide. This is extremely unlikely. Swerving to avoid a car without its lights on and then accidentally striking a pedestrian on an unlit highway doesn't add up to negligent homicide. As reported, there's really no evidence of negligence on Boeheim's part. As for this location, driving can be very treacherous in bad weather. I recall driving back from Buffalo and while in this area observing several vehicles that had ended up off the road because of icy conditions.
|
|
|
Post by sader1970 on Feb 23, 2019 14:41:46 GMT -5
I lived in this area for 9 years (9 winters and 9 4th of Julys, as we liked to say). This area averages 120" of snow a year - 10 feet if it didn't melt. The weather is the pits and when I lived there learned the expressions "cabin fever" and "white outs."
I am not aware that weather was a factor, however. I personally did accident investigations and supervised accident investigations for an insurance company for decades, mostly in New York state.
No way that Boeheim gets charged for anything unless there are facts that have not been made public.
|
|
|
Post by bison137 on Feb 26, 2019 23:19:23 GMT -5
Not sure if you read the article. There is no chance he will be charged with anything - nor should he be. These investigations often take a year to complete. They will grab the black box from his car, and fully analyze it. Any degree of negligence, for instance, was he traveling in excess of the speed limit prior, will result in a charge. I will be very surprised if he is not charged. In today's news: " Onondaga County District Attorney William Fitzpatrick says the investigation into the fatal crash last week involving Syracuse men's basketball coach Jim Boeheim is nearly complete and speed was not a factor. Fitzpatrick told The Associated Press on Tuesday night the accident reconstruction has determined Boeheim was traveling within the speed limit or close to it when the accident occurred. Fitzpatrick says barring something extraordinary, the case will be closed." Not at all surprising.
|
|
|
Post by sader81 on Feb 27, 2019 7:18:45 GMT -5
These investigations often take a year to complete. They will grab the black box from his car, and fully analyze it. Any degree of negligence, for instance, was he traveling in excess of the speed limit prior, will result in a charge. I will be very surprised if he is not charged. In today's news: " Onondaga County District Attorney William Fitzpatrick says the investigation into the fatal crash last week involving Syracuse men's basketball coach Jim Boeheim is nearly complete and speed was not a factor. Fitzpatrick told The Associated Press on Tuesday night the accident reconstruction has determined Boeheim was traveling within the speed limit or close to it when the accident occurred. Fitzpatrick says barring something extraordinary, the case will be closed." Not at all surprising. “Within the speed limit or close to it” looks to be a very liberal invocation of prosecutorial discretion.
|
|
|
Post by A Clock Tower Purple on Feb 27, 2019 7:38:17 GMT -5
In today's news: " Onondaga County District Attorney William Fitzpatrick says the investigation into the fatal crash last week involving Syracuse men's basketball coach Jim Boeheim is nearly complete and speed was not a factor. Fitzpatrick told The Associated Press on Tuesday night the accident reconstruction has determined Boeheim was traveling within the speed limit or close to it when the accident occurred. Fitzpatrick says barring something extraordinary, the case will be closed." Not at all surprising. “Within the speed limit or close to it” looks to be a very liberal invocation of prosecutorial discretion. ? You tell me how exact speed at an exact second can be determined for certain.
|
|
|
Post by sader81 on Feb 27, 2019 7:51:56 GMT -5
They can get pretty close when they have the “black boxes.” Doesn’t seem to me that they have them. Usually requires a warrant, which takes a few days. They aren’t analyzed this quickly usually.
|
|
|
Post by sader1970 on Feb 27, 2019 7:57:13 GMT -5
81, I'm starting to get the impression that you care less for Boeheim than I do. As for "discretion", let me repeat my prior post: While weather may not have been a factor with Boeheim, apparently it was for the initial accident. Perhaps one needs to live or have lived in the Syracuse area to understand that some auto accidents are just that, unavoidable accidents, with no one to blame - an "act of God." Blameless or not, I think even for Boeheim this will weigh on his mind and will feel guilty the rest of his life questioning whether there was anything else he could have done to avoid this death. In all probability, there was nothing he could have done differently but that little voice in the back of his head will leave a nagging doubt. For that, I wish him well and sympathy for the person killed who paid the ultimate price for his error in judgement.
|
|
|
Post by sader81 on Feb 27, 2019 9:47:05 GMT -5
81, I'm starting to get the impression that you care less for Boeheim than I do. No, I feel bad for all involved. I've handled a lot of these - there are no winners. In Connecticut, the statute is severe, although it is a misdemeanor.. There is no consideration for contributory negligence; which means that the decedent can be 99% at fault; yet the defendant can/will still be charged. Many years ago, the legislature even prohibited the application of accelerated rehabilitation in these cases, which means you enter a plea or have a trial.
|
|
|
Post by sader1970 on Feb 27, 2019 10:53:09 GMT -5
81, I will certainly defer to your greater expertise on the criminal aspects of this tragedy. New York State was one of the very first states (though not the first) to have a "comparative negligence" statute and, being New York, did it "big" with a "pure" comparative negligence (which 81 alludes to) meaning someone could sue another even if they were 99% at fault and the other party only 1% at fault - "fault," of course being a relative term being mostly in the eye of the beholding jury. I assume in the intervening years since I left the Empire State that this has not been changed (and inertia prevents me from looking it up).
While Boeheim may be off the hook criminally and where his fame might have worked for him, it may well work against him civilly as the deceased's estate/heirs may figure that "deep pockets" Boeheim is worth a taking a shot at a lawsuit and showing that he was at least in some part negligent. No need to prove to the jury beyond a reasonable doubt to win, just preponderance of the evidence. But, there is a big difference between a "downstate" jury and an "upstate" (sorry, "Central New York) jury. The former being more liberal with perceived insurance company money and the latter being much more conservative with the defendant's money.
The esteemed New York bar is full of attorneys that would be willing to take a shot at this potential financial bonanza.
|
|