in the key of now

Irony Abounds

2006-01-29T07:27:00.000-08:00

I just found this story about a couple that left their 4 year old in the car while it was running, while they met with a mortgage broker.

The car was stolen, with child inside. The man called his cell phone and pleaded with the thieves to drop their child off safely, and they did so and the 4-year old is now safe.

The couple went to jail immediately. I can't disagree with that. Did I mention that they appear to be African-American from the photos? Probably irrelevant.

But wait - there's a couple in Lake Butler that just lost seven children, directly due to their negligence and disregard for the law. It appears this couple routinely allowed their underage unlicensed duaghter to drive her siblings, friends and relatives around. Now the daughter, four siblings and two cousins are dead, killed in a car that should not have been on the highway, operated by someone who should not have been behind the wheel - regardless of whether an adult was present or not.

This couple is not in jail. Did I mention they appear to be caucasian from their photos? Did I mention that the black truck driver who hit the children's car has had his photo and driving record and criminal record splashed across the papers?

All talk in that story has been of the truck driver, and so far it appears all investigation has been of him and his truck and his actions.

I understand grief. I do not know what it is like to lose 5 children and a father that way. But I do understand the law, and fairness, and responsibility for actions. The owners of that vehicle should have been arrested immediately. If preferential treatment was in order, due to their grief and based on a review of their criminal and child endangerment history, or lack thereof, then fine. But someone responsible for those children's whereabouts should have been arrested immediately.

America. Beautiful, but damn I hate the way we do alot of things here.

Would an Adult Have Made a Difference?

2006-01-27T18:06:00.000-08:00

"(CBS/AP) Seven children...were killed Wednesday in a fiery crash when their car was crushed between a truck and a stopped school bus in rural northern Florida. The children, ranging in age from 15 years to 21 months, were headed toward their home about two miles north of the crash site. The truck hit them from behind, pushing their car into the bus and causing the car to burst into flames, police said. Everyone in the car was killed, including the 15-year-old girl who was driving illegally."

"It's my understanding she did not cause the accident," Tina Mann said of her niece. "The same thing would have happened had there been an adult in the car with her. We'd just have one more death in the family."

How easy it is to lash out at the other guy and defend your own. How unfair. I'll forgive Ms. Mann, but I have to take exception with her assessment. Had the Manns observed the need for an adult, many possibilities arise that could have kept the car out of that situation. For example:
- had they observed the need for an adult, Nicky Mann may not have been driving, as it appears that Florida law limits the number of minor passengers in a car operated by someone with a learner's permit. With 7 passengers in addition to Nicky (prior to the crash), all of them minor, it does not appear Nicky should have been driving with or without supervision.

- if an adult had been driving they might well have been scanning their mirrors and seen the truck approaching from behind. They could have taken avoidance action and possibly warned the bus to do the same. Visibility works both ways, and initial police info said visibility was good. It is easy to imagine an inexperienced, immature 15 year old driver in an overloaded vehicle full of kids would not have been scanning her mirrors.

- had they observed the need for an adult, I would hope the car would not have been so overcrowded. At one time they had EIGHT people in a sedan designed for 6 I do believe... Two of those people required child/infant safety seats, that take up a bit more room than a baby. (I do shudder to think that had an adult been there they still would have crammed in... It does appear that adults sanctioned the arrangement as it was.)

- if an adult was not available to drive or accompany, the car never would have been there with those children, had they observed the legal need for an adult.

I wonder where those parents were?

Lt. Bill Leeper of the Florida Highway Patrol confirmed that Cynthia Nicole Mann (Nicky) was driving illegally, but felt it was irrelevant to the crash. He said the questions that need to be answered would be looked at later, as the focus now was on the truck. I intend to follow up with him as well - in a sense I understand his point, but in a sense I do not.

How easy it is to take the obvious side and judge it as more important, or influential. Very common in our society, but not quite fair to the driver of the truck. I would guess he did not hit the car or bus intentionally. I am certain that if, in hindsight, he could choose a properly operated and occupied vehicle as opposed to the one he hit, he would opt for it.

I don't understand how we justify / defend / minimize the actions taken that put those 7 children in that situation. The truck driver apparently had past citations - cause enough for concern that they made the paper.

I wonder if the Manns have a history of negligent behavior with their kids and cars, or any citations for prior illegal driving episodes? It appears clear that folks in that community knew this child chauffeured other children. What sort of friendly conspiracy allowed that to begin and continue? What were they thinking?

Oh - and was this child operating that car on school grounds before the accident?

I'll try to stay on top of this as it develops. My heart goes out to everyone involved and affected. I am not coming from a place of finger pointing and salt-rubbing. I just have some questions, and they are valid ones.

There is one other apparent contradiction I have noticed in news stories. Initial reports indicated that a neighbor said the bus was stopped with its lights flashing when the collision occurred. The driver was quoted in another article as saying the lights were off and she had begun to pull away before the collision occurred. It does not seem that would make a big difference, but I wonder what really happened.

I'll keep you posted!

Unlicensed Underage Drivers

2006-01-27T17:36:00.000-08:00

I have calls in to two government officials to follow up on the deadly crash in Florida involving an unlicensed, underage driver who was chauffeuring minor passengers in a Bonneville sedan. I am curious what they have found so far regarding the truck driver's failure to stop - early reports indicated that the driver had perhaps not even attempted to stop, although the National Transportation Safety Board would not confirm that at this time.

I am initially dismayed by the level of focus on the truck driver's actions and past record, and the lack of focus on the parents of the car's driver, and their apparent pattern of negligence that put their children and nieces in harm's way. Tina Mann's assessment of the need for an adult is lost on me. I'll blog that later...

In researching the topic, it appears that underage driving with the consent of the parents or guardians is more widespread than one might think. It seemed to be well known to some in the Lake Butler community that 15 year old Nicky Mann regularly drove and chauffeured other children. One of her classmates mentioned it when interviewed. Nicky's aunt, Tina Mann, defended the lack of an adult's presence as one more loss they would have sustained, as though an adult's presence would not have made a difference. (I use the term chauffeur because Nicky had dropped a friend off prior to the accident, and two of the victims were cousins, not siblings.)

I did an internet search on the subject and found a make-your-own-poll website where a young person had set up a poll asking other kids if they drove illegally. Naturally I do not give a great deal of statistical credence to this polling method, but I was interested to find that more than a handful of respondents said they drove illegally out of family necessity. It is my guess that the Mann family felt that Nicky needed to drive out of necessity - I certainly hope they did not feel she was mature enough to be chauffeuring children even though adults were available to do the job or accompany her.

I also wonder if she would (or should) even have been driving had an adult been present - in reading Florid statutes it appears to me that a driver with a learners permit is limited as to how many other minors can be in the vehicle. In this case there was at one point a total of 8 children in the car, and seven when the crash occurred.

Another point I am investigating is whether or not the youngest children were properly restrained. Initial reports indicate that the youngest was 20 months and there was also a three year old on board.

One sad, ultimate truth of this story is that seven children are dead, and no amount of investigating and revealing truths will change that. Safety seats are moot in this investigation.

The opportunity however is to take a look at underage driving - how many "Nicky's" are out there, put into this position willingly and knowingly by their parents or caretakers, and with the tacit consent of other adult members of the community. I don't know the reasons. I am not casting blame. I am talking about responsibility, straight up. I hope one day the Mann's lecture around the country against underage driving, in an effort to save just one child's life. That would honor these children, sadly and senselessly lost so early in life.

Music and Speed

2006-01-26T17:50:00.000-08:00

Well just FYI for those of you beginning to find this weblog....

Lots of my commentary comes in the form of song - you can visit www.graspingatlaws.net to check out that side of me.

I also enjoy going very fast on motorcycles - legally of course. Here is a link to some photos from last fall at Summit Point Raceway, WV.

http://pg.photos.yahoo.com/ph/contucius/album?.dir=ed8f&.src=ph&store=&prodid=&.done=http%3a//pg.photos.yahoo.com/ph/contucius/my_photos

Tell your friends... ;^)

7 Children Dead in Florida

2006-01-26T16:44:00.000-08:00

I just dropped a line to the writer of this story, covering the tragic deaths of 7 children in Florida:

http://www.newsday.com/news/nationworld/nation/orl-bk-schoolbuscrash012506,0,7630101.story?coll=ny-leadnationalnews-headlines

Of course I do not know anything about "the big picture" of what occured, but a few things seem very clear and factual, so I wrote this...

I appreciate your coverage of the story regarding the tragedy of the truck crashing into the car and school bus. My heart of course goes out to those involved, those affected, and the community.

I am puzzled however. Why is there no mention of investigating the illegality of the situation the children were in? Why have relatives of the children not yet been arrested?

If I understand correctly, there were 7 children in a Pontiac Bonneville – that’s a sedan isn’t it? I don’t think they are made to accommodate 7 passengers, as in they don’t have seat belts for 7. I don’t think.

I wonder if the family had a baby seat installed for the 2 year old? (Are those required in Fla?)

Of course the glaring issue is the child driving illegally, and acting as chauffer for at least one unrelated child. (Which means at least 8 people were in the sedan…) THAT is an issue here, regardless of the aunt’s assessment that an adult’s presence would not have made a difference. If that is the case, then why do we have learner permit laws? I am not sure a 15 year old inexperienced driver would have the presence of mind to be checking her mirrors and looking for something like a vehicle approaching too fast from behind. They were in a 60 mph zone according to the article. Having been driving for 30 years, you can bet I would have been scanning my mirrors…

I certainly hope there will be some follow-up along these lines with a story or more. I understand the grief of the community, but it sickens me to see all of the focus go onto the truck driver. While he was apparently negligent, that does not make him a scapegoat, nor should it relieve the others of their clear responsibility.

I was in an accident once where the driver in front of me had a left rear light that did not work. Altho her signal to turn left was on, it was not working in the rear, and when she tapped her brake three times I saw the RIGHT rear light flash, which looked like a right turn signal. Imagine my surprise when I eased around her to the left (a legal maneuver in a passing zone) and she turned right into my path. I struck her car and pushed her into an embankment – very scary, but no one hurt.

It did not look good for me, and every witness there was hollering at me, for they had seen her front signal working, and her passenger knew she had the left signal on. Thank goodness the police arrived quickly. The other driver insisted the police check me for alcohol! Being a professional, he listened to her side, and I told mine, and I asked if he would check the rear left light. He felt that was in order, and had her get in the car, start it and try the brakes, the signal and the tail-lights. Nothing on the left, the right side worked. He had her tap the brake pedal three times, and he saw the turn signal effect that I saw. He told me I could leave and he would call if he had any further questions for me. I never heard from him again.

There are so many things that could have been the case in Lake Butler – but one fact remains. One or more adult relatives of those children was severely negligent, resulting in their deaths. This should have been at least mentioned, as it is a pertinent fact. I have a hunch the authorities will address it.

Thanks for your time and consideration.

*******************************************

In 1998 I happened upon a tragic accident in which a child was struck by a car and killed in a parking lot. That was a defining, life-changing moment for me, and I wrote the following which was published in a local paper:

The Tragic Birth of Opportunity

(orig published in Echo, Charlottesville, VA August 1998)

The judgment of our fellow man is a subject that occupies a rather important place in many major philosophies. “Walk a mile in another’s moccasins” before judging that person; “Judge not, lest ye be judged” There are others.
A few months ago I experienced the scope of this subject as an observer walking innocently into the aftermath of a tragic situation. I arrived at Forest Lakes Shopping Center on a Wednesday night to stock up for the Memphis round of the WERA National Endurance series. I arrived about two hours after the accident. Southbound near Sam’s Club earlier, I had heard the northbound sirens - sadly pointless wailing in hindsight. Yellow “Police Line – Do Not Cross” tape still marked a forbidden zone. The center was busy, the scene looked serious.
Out of the car now I approached two female onlookers. “A child died here tonight – he was hit by a car.” The older lady had chosen her words carefully. The younger lady had a look about her – freaky came quickly to mind. Obviously she had been crying.
I bristled a little, thinking of past and present jerks zipping down the hill into Albemarle Square, rounding the Circuit City chicane at 30 mph with little regard for the possibility of human presence. I thought of the idiots from Barracks Road to Seminole Square to Rio Hill – drivers who drive too fast and don’t let walkers cross. Naturally I said “It’s no wonder, the way people drive in parking lots around here!” When I heard a pin drop, I knew something was up.
“That’s not really the way it happened,” the older lady said quietly. The young lady with the look had stiffened – I’m not sure she was breathing. “The child ran out. I don’t think there was much the driver could do.” She breathed then. “Oh,” I said. When the going gets tough, the stupid get back to their original purpose, which for me was buying groceries.
Five minutes later I was in line trying not to read the tabloids, and there she was – the young lady. I think she was waiting for change to buy smokes or something. Once she walked away and began sobbing into her hands. Then I noticed her shirt: blood smeared from side to side, from the chest down. I was afraid to ask, but I did anyway, and the cashier told me that the girl was in the vehicle that struck the child. My knees sort of buckled.
Emotions flowed with the fury of Niagara: shame, sadness, doubt, pain for the girl, fear for the driver, shock and loss for the mother, and compassion for them all. I was angry at myself for adding to the girl’s pain. Judgments like mine were the last thing she needed.
I tucked tail threw my groceries in the truck and headed for the girl – leaving was no longer an option. My heartbeat was out of time and my mouth was a little dry. I opened with a lie, “I don’t know if you heard what I said before.” She nodded. “I’m sorry. I had no right to say that when I knew absolutely nothing about what happened. I’m sorry if I hurt you.”
I knew I was forgiven when she opened up to me, eager to tell her story and let go of some small part of the awful thing she was now living. “It wasn’t like that – Dad was driving real slow, and suddenly he was just there. I held him, and I tried to save him – I tried so hard to save him…” She started to cry as I had been doing. I was feeling pretty empty now, shot down by my own doing and trapped in a situation that defied reason. A child had died, and no amount of reason or logic or blame would change that.
There was no comfort, and it was clear that these situations would not be so cut and dry again. My convenient method of summing up the situation with an erroneous judgment and a cliché had imploded, its utility forever lost.
I was reminded to write this by a Washington Post article reporting a fatal head-on crash. “Hope” and “despair” had met on the highway, and the writer seemed to want to fire us up a bit because “despair” had taken away “hope” on that fateful day. I was not surprised to find that the family of the “despair” vehicle was offended by this approach.
Taking sides, passing judgment – what’s in it? It’s the stuff that arguments, fights, wars, hatred and mistrust are made of. Thankfully it’s also a choice.
I realize now that I could have been the driver: I have been in accidents before and sat there afterwards wondering how this could have happened. I could have been the girl: I have tried to help in helpless situations. Or the mom, or the “hope” vehicle, or the “despair” one, depending on which day of what year.
I now see that the important thing is to mourn the loss of human life and potential and to do what I can to avoid a recurrence. Through quiet reflection on that which I honestly know about the situation, the useful truth will make itself evident. “It could have been me.” If I’m a driver or a parent, I’ll be a better one if I realize this.
I walked into a situation that wasn’t mine, but the problems are mine as well. They aren’t just that of some generic guy or girl who I can quickly dismiss in a passing judgment. There’s an opportunity in that, I just know it.

set up post

2005-10-28T08:09:00.000-07:00