[nagdu] Washington - Guide dog killed crossing Kennewick street

Marion Gwizdala blind411 at verizon.net
Sun Mar 21 20:24:57 UTC 2010


Julie,
    There are two other possibilities. One is that they are investigating it 
further to see if they should charge the driver with a traffic violation or 
a criminal act. In order to prevail in criminal proceedings, it must be 
shown that the person acted with criminal intent. This being said, it is not 
completely out of the question that the blind person may have been at fault 
in the crash! There are many extenuating circumstances that need to be 
considered in such cases.
    The second issue may be that the blind person obviously has a very close 
relationship with the police department. Therefore, they may be taking extra 
precautions to ensure that they have a solid case before prosecuting the 
driver, as a good defense attorney could argue that charges were based upon 
protecting their own rather than sound evidence. For instance, it is less 
likely a person would get a ticket cutting off a police officer than if they 
had violated the right-of-way of another citizen, as it could be argued that 
the ticket was vengeful. JMHO!

Marion


----- Original Message ----- 
From: "Julie J" <julielj at windstream.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Saturday, March 20, 2010 8:09 AM
Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick street


> This is kinda morbid, but the police might be waiting to see if the man 
> lives or the extent of his injuries.  With that information they might be 
> able to charge the driver with more severe crimes.
>
> Or the police might just be dilly-dallying, waiting for the media coverage 
> to subside and letting the driver off.
>
> Julie
>
> ----- Original Message ----- 
> From: "Tamara Smith-Kinney" <tamara.8024 at comcast.net>
> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
> <nagdu at nfbnet.org>
> Sent: Friday, March 19, 2010 7:44 PM
> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick 
> street
>
>
>> Yikes!  I was so caught up in the place it happened, I almost didn't 
>> catch
>> the part!  You raise really good questions.  Why *wasn't* the driver
>> arrested and charged for nearly killing a pedestrian?  Especially a blind
>> pedestrian?  And for killing the guide dog?
>>
>> The article does mention an investigation, but...  You have a point. 
>> What's
>> there to investigate, if they know who the driver is?
>>
>> We'll be hearing it on the news out here, I hope, so I'll pay attention 
>> and
>> keep track.  I'm in Oregon, not Washington, so I don't know exactly what
>> they're guide dog protection act is like.  Or their traffic laws?  I 
>> lived
>> in Washington, long ago when I was a driver myself, and just assumed if I
>> was stupid enough to hit a pedestrian, it would turn out badly for me, 
>> too.
>> So I made it a point to watch where I was going, especially at street
>> crossings.  Most people I know do the same.
>>
>> The white cane has a reflective quality that gives added protection to 
>> the
>> cane user in darkness, but I noticed that my friend's harness from TSE 
>> does
>> have a reflective strip on the handle, at least.  Since I ordered mine
>> custom made, I went nuts and got reflective tape every place possible. 
>> Then
>> again, when we nearly got hit in the cross walk that time, then nearly 
>> got
>> hit by a speeding bicycle on the way back home, Mitzi was wearing her 
>> safety
>> vest with reflective stripes.  Two people that night had to work to avoid
>> seeing her!  I was wearing something pretty bright, as well.
>>
>> Anyway, I guess we'll find out what the authorities decide to do about it
>> and if the Washington afficliate gets involved...  Don't know if they 
>> have a
>> chapter out in the Tri-Cities, as that area is called.  It's pretty 
>> remote.
>>
>> Tami Smith-Kinney
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Jewel S.
>> Sent: Friday, March 19, 2010 1:10 PM
>> To: NAGDU Mailing List,the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick 
>> street
>>
>> What do they mean he wasn't arrested or chaged? He just broke the law
>> by mowing down a pedestrian and his guide dog, violating the White
>> Cane Law, which give the right to blind people carrying a white cane
>> or using a guide dog, and they aren't charging him with anything?!
>> That is absolutely ridiculous. So what stops drivers from not mowing
>> down blind pedestrians who cross the road against the light due to
>> lack of traffic, an opening that seems like a light in favour of a
>> pedestrian, or a simple mistake of decision? What stops cars from
>> running over blind pedestrians who have less than good O&M skills, who
>> find themselves veering into the road while crossing a side street?
>>
>> This guy hits a blind man and his guide dog, kills the guide dog and
>> injures the handler, and he isn't charged with anything? Is there any
>> plans for a protest against this? What is going to be done about this?
>>
>> Outraged,
>> Jewel
>>
>> On 3/19/10, Ginger Kutsch <gingerKutsch at yahoo.com> wrote:
>>> ACCIDENT: Guide dog killed crossing Kennewick street
>>> By Paula Horton, Herald staff writer
>>>
>>> Kennewick A guide dog died after being hit by a car while leading
>>> his owner
>>> across a street in Kennewick.
>>> Bernie R. Vinther, 65, and his dog, Kaber, were crossing the
>>> street at Sixth
>>> Avenue and Washington Street around 7:30 p.m. Wednesday when they
>>> were
>>> struck by a car driving north on Washington Street, said
>>> Kennewick police.
>>> The car was driven by Victorino Mendoza, 46, of Pasco. He was not
>>> arrested
>>> or charged.
>>> Vinther was treated at Kennewick General Hospital with
>>> nonlife-threatening
>>> injuries. Kaber was a black lab.
>>> Vinther had just left the Kennewick police station where he
>>> volunteers.
>>> The crash remains under investigation by the Kennewick police's
>>> traffic
>>> unit.
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Ginger Bennett Kutsch
>>> Morristown, NJ
>>>
>>>
>>>
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