Thursday, January 1, 2009

Murder in the Second Degree

I was driving home from work listening to the radio last week. Usually, on the ride home, I listen to sports talk radio to catch up on what is going on with local sports. On this occasion, I was tuned in to 92.3, KTAR FM. Not a good idea in the P.M. The A.M. broadcast is mostly listenable, but in the afternoon is filled with stories that provoke emotion. This day was a shining example. Here is the story:

A divorced man from Idaho was driving his two children over to his ex-wife's home on Christmas day. There had been a blizzard that had covered the ground with knee deep snow. On the way, the car got stuck in the snow. Realizing that it would take significant time to dig the car free, he sent his 11 year old daughter and his 10 year old son on their way to hike the 10 miles to their moms house. Yes, in the snow. Yes, 10 miles. They were dressed only in pajamas and a coat. So, the children, being obedient to the father (I use that term loosely at this point), headed down the road to their mom's house. After the father dug the car out, he headed home. He assumed that the children had made it to their destination. Worried about the children and not seeing the children or receiving a call , the mom called the father to find out why he had not delivered the children as promised. When they (really the father) realized the children had not made it, they called the police. Police later found the boy in a rest stop bathroom about 2.5 miles from where the car had been stuck in the snow. He was suffering from hypothermia and had stripped down to his long underwear. Apparently, the two kids had gotten into an argument about whether or not to turn back. The daughter has decided she would go back, the boy did not think they should. Police found the girl about a half a mile down the road, headed back to find her father, dead.

Police have arrested the father on second degree murder: a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Possible punishment is life in jail.

This story is so sad. It makes me angry that the father was so irresponsible. All of me feels he needs to pay for his actions, but I can't decide if Murder in the Second Degree is really appropriate. Clearly, what he did fits the law. There isn't a law that punishes people for bad decisions until harm is caused. Is it reasonable to think those children could have hiked the 10 miles? What if there had been no snow. Would that make it OK? What if it was summer and not winter? Is that acceptable? How could he just go home and not follow up? By all accounts, this is a sane, reasonable adult. In this case, his negligence (stupidity) took a life. A life that trusted in him to protect against harm. That is a pretty harsh punishment in its self. But is it enough?

3 comments:

H said...

I don't even know where to begin. This is the same as leaving your infant in the car in the AZ heat. Don't people think before they put their chidren in harms way? It's like sitting a child on a railroad track when you know there is a train coming... sure, there's an off chance that the train will stop or go a different way, but please... that train is going to hit them!

I think 2nd degree murder (by your definition) clearly hits the mark on this case. The trial and jury can determine his sentence. I'm still trying to determine what this man was thinking. Clearly he wasn't, but is this for real?! 10 miles? In the snow? In pj's?

Crystal said...

Thanks Bill. Now I'm going to have nightmares. What a horrific story!!! I am surprised you listened to the whole story since it was so depressing and involved death of a child. That is upsetting so I'm going to hope that it isn't true.

tempe turley said...

Bill,

I told me wife this story and she literally said, "why did you have to go and tell me that story, you ruined my night". Terrible, terrible, terrible.