Posted: 12/03/2008 01:15:16 AM PST
What has happened to our justice system?
In early 2008, Jason Bradley Whitmill was sentenced to 16 months in prison for one of his 17 times in criminal court in Humboldt County since 1997. On Oct. 6 an intoxicated, uninsured, unlicensed, Jason Whitmill along with Anthony Flores, owner of the Mustang with no insurance, took the life of Nicole Lynn Quigley.
In a few seconds these people destroyed the lives of an entire family. After lying and covering up evidence in a murder investigation for several days Chen Marcelli, registered owner of the uninsured Pontiac, is out on the street and after three weeks of searching for Jodyne Aubrey who covered up evidence in a murder investigation she was apprehended in Crescent City. We are now told Aubrey will not be charged in this accident.
Who is responsible for the fact that Jason Whitmill was not in prison on Oct. 6, and therefore responsible for the fact that I will never get to watch my precious Nicole dance, play soccer, go to her first prom, etc?
To all you responsible people out there a bit of wisdom from a grieving father, give your children a big hug and tell them you love them every chance you get and also make sure you have uninsured motorist coverage on your auto policy.
Kenneth Quigley
McKinleyville
The COMMENTS on this include this observation:
anonymous wrote:
My thoughts and prayers are with the Quigley family and all others that are being victimized because we either can not or will not do something to change the injustice in this community.
Another shining example of the incompetence of our criminal justice system. Another example of the "get out of jail free" cards issued to criminals by a DA who doesn't care about anything except for lying to the public and cashing his pay checks of what is it 13 or 14 THOUSAND DOLLARS A MONTH for doing nothing except for letting dangerous guys out of jail.
just a thought wrote: I've seen alot of people blaming the D.A. on this issue, but he isn't the one issuing a sentence. A judge has the final say. Has Whitmill had the same judge on all his charges ? Just a thought, something to look into ?? On parole violations it is the parole boards, or parole officers judgement on the call to send the parolee back to prison.A judge or the D.A. isn't even involved.I totally agree this person shouldn't have been out on the streets, but who's "lap" does it really fall into ? Again, just a thought.....
So. Whose fault is it, if blame is to be assigned. Is it the judge's fault? Or is the judge limited in what he can do, by law, and by the charges brought by the DA? What do you think?
***
Related:
09
◼ Whitmill and Flores trial date delayed another month 08/04/2009
◼ Whitmill, Flores take District Attorney's deal 12/05/2009
◼ Jury selection begins in trial of Whitmill, Flores 11/23/2009
◼ Whitmill, Flores trial to proceed 11/10/2009
◼ Motion denied to suppress blood sample in Whitmill case 11/06/2009
◼ Whitmill faces murder charge for alleged role in crash 10/15/2008
◼ Quigley family, friends remember 9-year-old Nicole 10/06/09
◼ Nearly one year ago 10/01/2009
◼ Case surrounding fatal crash on Highway 299 delayed 09/15/2009
◼ Too many delays 9/10/09
◼ Legal maneuvers slow case of men charged in 9-year-old's death 09/01/2009
◼ Whitmill and Flores trial date delayed another month 08/04/2009
◼ Evidence, charges unchanged against Whitmill 07/17/2009
◼ Evidence for second degree murder charge? 06/19/2009
◼ Thinking of the Quigleys 05/29/2009
◼ Remember Nicole 05/08/2009
◼ Looking forward: Quigley family watches and waits as case continues 05/17/2009
◼ Defendants in 299 wreck plead not guilty 03/28/2009
◼ Judge holds Whitmill, Flores to answer for 299 wreck 03/14/2009
◼ Wife refuses to testify against husband at preliminary hearing 03/13/2009
◼ Investigator testifies suspect in fatal crash changed story 03/12/2009
◼ Officer testifies about 299 crash at prelim 03/11/2009
◼ Preliminary hearing over Highway 299 wreck continues 03/10/2009
◼ Superior Court delays hearing in 299 crash case 02/11/2009
◼ Broken system 01/23/2009
08
◼ Hug your children 12/03/2008
◼ Vehicular manslaughter suspect has extensive criminal history 11/13/2008
◼ Whitmill-Flores hearing continued 11/06/2008
◼ Street race case waiting on CHP reports 10/23/2008
◼ Authorities seek Mustang passenger for questioning 10/17/2008
◼ Court document: Flores tried to 'subvert' investigation 10/16/08
◼ Whitmill faces murder charge for alleged role in crash 10/15/2008
◼ Authorities arrest driver of Mustang 10/10/2008
◼ New driver named in fatal collision 10/09/2008
◼ Search continues for other driver in fatal crash 10/08/2008
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash
Note: there were other articles in the Eureka reporter, but none are available online anymore.
The judge is limited by the charges presented by the DA.
ReplyDeleteThe DA is limited to the facts of the case. He went to prison for felony evading which is only punishable UP to 3yrs...that would be the aggravated sentence. If Whitmill had gone to trial and lost he would not likely have rec'd the agg. term as he did not have a lenghty felony record; if at all.
ReplyDeleteNO one can predict what can happen in the future. To suggest that the judge or the da or anyone involved in that prior case could have known this would happen to that poor family is just stupid.
You ask who is at fault? Whitmill and the other person charged - period. You do not lock up people indefinately for driving offenses where there are no injuries, etc. There would be no reason for Whitmill to remain incarcerated indefinately for evading.