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Saturday, September 29, 2007

Grandview man charged in bicyclists' deaths

William K. Johnson, 49, faces two counts of involuntary manslaughter in the deaths of Larry Gaunt and his 14-year-old granddaughter, Sierra Gaunt. Snip from the prosecutor's release:

An accident reconstruction by Grandview police indicated that Johnson had been speeding at the time of the accident and that his vehicle drifted off the roadway due to driver inattention, and that Johnson overcompensated causing the truck to skid before striking the bicycles.

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Comments

Wasn't this posted a couple of months ago?

UA -- The involuntary manslaughter charges are new.

Wondering why the dude did not get a wreckless homicide charge?

There is no such thing as wreckless homicide in Missouri.

What the heck is wreckless homicide? A clumsy murder?

Hmm. I'm wondering if I've been had by a pun. Many states consider a person guilty of reckless homicide when, with recklessness one causes the death of another person. Again MO doesn't have a statute defining reckless homicide, with or without a W.

section 565.024 of the Missouri statutes defines "reckless" homicide as a class C felony. under 526.016, "recklessness" is defined as "consciously disregard[ing] a substantial and unjustifiable risk that circumstances exist or that a result will follow, [when] such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation." in other words, driving a pickup truck ten miles over the limit, drifting onto the shoulder because you are not paying attention, and then suddenly seeing bicyclist who were visible half a mile away.

For the record, MRS 565.024 defines involutary manslaughter as when one "Recklessly causes the death of another person; . . ." Note that I was answering jdcc's question as to "why the dude did not get a wreckless homicide charge?"
http://www.moga.mo.gov/statutes/c500-599/5650000024.htm

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