Sentencing day for man who killed bicyclists in Grand Prairie
Thu, 12/17/2009 - 3:20pm
You may remember Kenneth Bain the guy who killed two cyclists one morning with his vehicle. His father tried to use political clout and favors to get Rick Perry to veto the safe passing bill. His father swore up and down at his son's innocence. Glad to see they changed their mind and the son has plead guilty to two counts of manslaughter. I guess we will never know why the DA did not pursue intoxication manslaughter charges. I'm glad a driver has finally faced justice and admitted responsibility in a cycling related death.
Only story I can find about it so far is here:
xxxxxxxxxxxxx
Hopefully something will pop up in the DMN or Star-Telegram in the next couple days.
Edited url
http://www.wfaa.com/news/Family-of-cyclists-killed-by-drunk-driver-outra...
Thu, 12/17/2009 - 4:34pm
#2
Double Post
Thu, 12/17/2009 - 5:20pm
#3
Weird, that link is dead. But should be more news about it tonight or in the morning. He faces 2 to 20 years. He was drunk on the field sobriety test video.
Thu, 12/17/2009 - 7:47pm
#4
Note his father was a Duncanville City Council member, said his son was not inebriated, and claimed "roads were for vehicles, not slow bikes.”
The 24 year old plowed the Lincoln Navigator on a Sunday morning into Meredith Hatch, 38, and 36-year-old Mike Alfaro. He then failed a field sobriety test (video available).
Thu, 12/17/2009 - 8:16pm
#5
Nevermind. His dad bought him out of trouble. Just as we always expected he would. Really a damn shame that money can still buy you out of trouble.
That family is a bunch of crooked liars. He had 5 beers and smoked pot before he got behind the wheel. What a worthless human. He had ministers who vouched for him, yet on the day in question, a Sunday morning, his ass should have been in church instead of getting high and drunk.
http://www.wfaa.com/news/Family-of-cyclists-killed-by-drunk-driver-outra...
by REBECCA LOPEZ / WFAA-TV
Posted on December 17, 2009 at 6:35 PM
Updated today at 6:38 PM
The families of two cyclists killed after a drunk driver plowed into them said they are outraged by the sentence given Thursday to the man who was behind the wheel.
Kenneth Bain was given two years in prison and ten years probation.
"Money talks, justice walks in Dallas, Texas and it just got proven in there," said Jim Bowers, a father of one of the victims, as he walked out of the courtroom.
"Well, I don't think it's fair," said another. "I think 10 and 10 is fair. Actually, I think 20 and 20 is fair."
Bain had already pled guilty in the death of 36-year-old Michael Alfaro and agreed to a two-year plea bargain in that case.
"He took 80 years away from two people and he gets to sit in prison for two years, I don't believe it," said another family member of one of the victim's.
Family members said the sentence is unjust considering Bain admitted to having at least five drinks and smoking pot before getting in his Lincoln Navigator. He struck Alfaro and Meredith Hatch, 38, as they were riding their bikes near Joe Pool Lake.
"I'm sorry; I made a mistake," Bain said while speaking in court.
Bain had powerful allies who spoke for him, including ministers and community leaders. He was represented by Sen. Royce West.
"Basically, you can get drunk in Dallas, run over somebody, get your preacher on the stand and get off," said a family member of one of the victims.
Thu, 12/17/2009 - 8:30pm
#6
I hope he gets alot of "prison love" in those 2 years.
Mutt
Thu, 12/17/2009 - 8:48pm
#7
Only thing that I can think in this manner can't be posted on a public forum... I'm very angry though.
Thu, 12/17/2009 - 8:52pm
#8
Another article on the matter:
http://www.nbcdfw.com/news/local-beat/2-Years-in-Prison-for-Driver-Who-K...
A Dallas judge sentenced Kenneth Bain Thursday to two years in prison, 10 years of probation and more than $5,000 in fines for his role in a deadly accident more than a year ago.
Bain pleaded guilty to two counts of manslaughter for the June 8, 2008 crash that killed two bicyclists near Joe Pool Lake.
Meredith Hatch and Michael Alfaro were competitive cyclists riding around Joe Pool Lake as part of their training when they were hit.
Bain failed a sobriety test at the scene and was charged with intoxication manslaughter.
During sentencing prosecutors showed pictures and diagrams from the accident scene and displayed the mangled bicycles that belonged to the victims. The 911 call Bain made from the scene was also played in court.
"It just doesn't seem very fair, just two years for two deaths," Hatch's husband, Sherman Hatch, testified before final sentencing. "I guess the manner -- smoking pot and drinking all night long, that's how the deaths resulted -- I guess is what's the most insulting, hurtful, frustrating part of this whole thing."
As a condition of probation, Bain cannot consume alcohol and must participate in 320 community service hours and substance abuse education.
Judge Gracie Lewis also ruled that after Bain is released from prison, as part of the 10-year probation, he must spend 18 days each year in jail. Those days include 10 days at Christmas, 4 days at Hatch's birthday and four days at Alfaro's birthday.
Lewis also ruled that when Bain is released from prison, the court will assess restitution that Bain must pay to the victims' family.
Relatives of the victims said they believe Bain deserves more jail time for what happened.
"Two individuals were killed because of bad choices, not because of just an accident," Sherman Hatch told reporters outside of court.
Thu, 12/17/2009 - 10:29pm
#9
If you are not familiar with the background of the shady political wrangling of this case, please look at the link below. I had a journalist just email me about it and the link below is alot better than anything I could possibly provide. There is alot more to this story than a drunk guy killing people. It is people cashing in political favors, judge shopping and a bunch of other bull that goes straight to Rick Perry himself:
http://bicyclesportshop.wordpress.com/2009/12/14/update-on-kenneth-bain-...
Check out the link, its a decent read and involves some damn good investigative work into why the Safe Passing Bill was vetoed.
----
Anyway, shame on the media in Dallas for never covering these issues when the blogger above started flipping over rocks. Austin, Houston and San Antonio media covered this at length. Crickets were chirping here in Dallas.
That family lies, here is a quote from his father given to Channel 11:
"Member of the Bain family believe the official blood alcohol test will clear Kenneth of the intoxication charges. "When I was with him them after it [the accident] happened, there was no indication to me that he was inebriated or anything," said Ken Bain Sr."
His son was having a hard time standing up straight in the video and now admits to being drunk and stoned. His father also lied in a series of emails to the Governor and when confronted by a reporter.
I do not believe a word of anything coming from that family. They have lied in the past and are probably lying now.
Fri, 12/18/2009 - 1:55pm
#10
Looks like the punk got the minimum. I would have figured 4 years minimum since he killed two people:
"DWI where a death has been caused:
This crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies)."
What's the typical sentence for peds/motorists killed by DUI drivers? That's all I want here, equal penalty that's independent of the mode of travel of the victim(s ). God I hated adding the (s ) to that word....
Sun, 12/20/2009 - 8:38pm
#11
The driver was charged with Manslaughter, rather than Intoxication Manslaughter because his blood alcohol level was .05, which was below the legal limit to qualify him as intoxicated. So, that's probably the reason for the sentencing. He could have received all probation, and if it had went to trial, there's always the possibility that he may have been acquitted.
Sun, 12/20/2009 - 8:51pm
#12
If they could not get him for being drunk, couldnt they have charged him with being high? I heard he had literally just smoked a bowl and was tapping out the ashes from his pipe when he hit the cyclists.
I wish it had been a jury trial. He would have been convicted and sentenced to alot of time.
Are criminal charges standard in motorcycle vs car accidents in Texas when alcohol is involved? I have been wondering if there is a disconnect given the types of vehicles used. I imagine that motorcyclists have more lobby power than pedi-cyclists, as we are called.
Sun, 12/20/2009 - 11:43pm
#13
Thanks mbebee, seems like in light of those facts, and current laws, it's actually a good result. I'm afraid that one thing we forget is that all folks killed by intoxicated/impaired/inattentive driving, whether they be bicyclist, ped, motorist, or whatever, don't seem to get much justice. Maybe THAT'S the #1 thing to lobby for: not passing laws, but general tougher penalties for ANYONE hurt by negligent motoring. That way it's not cyclist vs motorist, it's everyone vs negligent motorists.
Sun, 12/20/2009 - 11:46pm
#14
I mean the argument becomes: "Justice for the injured and killed bicyclist" to "Justice for those injured and killed by motorists"
I guess the issue there is that the motoring lobby would kick into high gear on that one. Maybe that's the evil genius behind all of this mess (relative to how negligent motoring is handled in Europe, for example).
Mon, 12/21/2009 - 6:22pm
#15
They couldn't charge him for being high relative to having the trace amounts of marijuana that they found in his system because there is no law in Texas that quantifies an imapaired level that is relative to marijuana use. The toxicologist testified that he had trace amounts of marijuana in his system and that it suggested fairly recent use, but still, there was no way to really qualify what fairly recent use was....Now, he did divulge all the details and events of that day, but, my guess is that had it actually went to trial, all those details would not have been forthcoming, and thus, none of that could have been used against him. So, while the sentence is naturally unpopular, I'm not sure that they could have done much else and the DA was probably fortunate that the case was settled without a trial because I do honestly believe that jurors would have acquitted the case because although there was drug and alcohol use in this case, there was nothing relative to either that would stand up for a conviction according to current laws.
Tue, 12/22/2009 - 4:22pm
#16
I do honestly believe that jurors would have acquitted the case because although there was drug and alcohol use in this case, there was nothing relative to either that would stand up for a conviction according to current laws.
Exactly. It's the laws and requirements for conviction that we really need to lobby. If we lower the bar for the DAs, maybe we can start to scare all road users straight on negligent and impaired/intoxicated use of the road... Just thinking out loud here.
Thu, 12/24/2009 - 9:37am
#17
So, while the sentence is naturally unpopular, I'm not sure that they could have done much else and the DA was probably fortunate that the case was settled without a trial because I do honestly believe that jurors would have acquitted the case because although there was drug and alcohol use in this case, there was nothing relative to either that would stand up for a conviction according to current laws.
The result of this case reminds me of another DUI type wreck that happened a few years ago involving two boats. One boat ran over another. One party was drinking, the other was not. A girl was killed, the other boat fled the scene. It took 1/2 a summer to find the boat used. Then through the fall to find the driver. The driver was engaged to the daughter of the Central Texas Budweiser distributor, he hid behind their money for protection. Since the family had political pull, the local crime stoppers group and local politicians tried to slow down the investigation.
Timeline of stories is here:
http://www.deadlyroads.com/memorial/lauraputnam1.html
Pretty interesting.
In the interests of "justice" he paraded around a number of clergy, members of the community and an expensive attorney. He wanted just straight probation, but got 6 months jail and the ever popular 10 years probation. Same exact testimony as Bain's trail. Sob on the stand, promised never to drink again, his preacher and community elders promised their chit they would watch him.
The Robert Corrigan guy in the link above was a spoiled Man-Child like Kenneth Bain. He could not abide by the conditions of his probation and was arrested a couple years later for DUI in Austin. Then he tried to blow his head off on the side of Highway 16.
http://www.mysanantonio.com/news/MYSA092106_01B_CorriganSuicide_3404e01_...
Anyway, similar cases involving sheltering the guilty with money, blaming the victim, spoiled stinky rotten people defending the undefendable.
Thu, 12/24/2009 - 11:55am
#18
Sounds like the perfect plot for Marvel's The Punisher. Just saying in a non-threat like manner. Boondock Saint's anyone? No? Alright... Still ticked off...
Thu, 12/24/2009 - 1:06pm
#19
This literally makes me sick to my stomach. I can't believe this guy only got 2 years in prison. What a disgrace of justice.
Meredith and Mike deserve more justice than this.
Sun, 12/27/2009 - 10:53pm
#20
The link worked for me, and that's #@*&^# up ! He should've gotten life.
Mon, 12/28/2009 - 12:38pm
#21
What's the punishment for stealing a car, grand theft auto? 10-20 or something like that isn't it?
Mon, 12/28/2009 - 1:22pm
#22
i agree he got off light.
i hope it happens to no one here. and if it does that accept the harsh penalty without trying to get off lighter.
Tue, 12/29/2009 - 7:01pm
#23
At least he was sent directly to jail. Sometimes they get to start their sentence after the New Year, time to have one last hoorah. Looking up his status, it seems he is waiting to be transferred to a state jail. I guess that mugshot was taken right after his sentencing, sans tie.
Tue, 12/29/2009 - 11:21pm
#24
the d-wobbly law in tejas is a two headed monster. if you are .08 or higher or do not have the normal use of your mental and physical faculties, you are d-wobbly. it does not have to be both, just one or the other. so, you could blow any amount under .08, but falling down stupid drunk and still be charged with a d-wobbly.
dui also covers drug use which would fall under the impaired mental and physical faculties. there are not specific amounts of any drug that have to be in your system before you can be charged and the drug need not be illegal either.
as far as the sentencing, the da's office weighs many factors when offering plea deals, like age of the defendant, past criminal history, the probability of a conviction or not, legal representation, evidence in the case or not, culpability, suspect's remorse, familiy wishes, best interest of justice, etc, etc, etc.
Tue, 02/16/2010 - 1:36pm
#25
Channel 8 ran a new story last night about Bain's light sentence:
http://www.wfaa.com/news/crime/Whats-a-life-worth-84048942.html
Wed, 02/17/2010 - 8:51am
#26
Is her term up 12/31/12?
Page isn't up. Can't find any info on the wfaa through their search or recent news links either. Creepy.