Coach Boeheim hits, kills man on interstate

[golfinesquire]

gam7 said "fair enough" when I suggested we not discuss Boeheim's character right now. He took the necessary steps to end that part of the conversation. Can everyone else just chill!

[HereBeforeCoachK]

gam7 said "fair enough" when I suggested we not discuss Boeheim's character right now. He took the necessary steps to end that part of the conversation. Can everyone else just chill!

Perhaps you, realizing that comments often cross in the ether....especially with many posters, as is the case today on every thread.

[devildeac]

What can he be charged with here, if anything? Involuntary manslaughter? Death by motor vehicle?

Inquiring, not condemning.

This is so sad. We had a 27 year old nephew killed in a similar manner several years ago.

[weezie]

Geez dd I am sorry for that loss.

[cruxer]

What can he be charged with here, if anything? Involuntary manslaughter? Death by motor vehicle?

Inquiring, not condemning.

This is so sad. We had a 27 year old nephew killed in a similar manner several years ago.

From what I read I doubt anything gets charged. Sometimes an accident is just that. It was late and icy. Boeheim saw the car and tried to avoid it, but didn't see the person. That's a bit understandable, even if he was driving reasonably for conditions, since one doesn't expect to see a person on an interstate.

-c

[PackMan97]

What can he be charged with here, if anything? Involuntary manslaughter? Death by motor vehicle?

Inquiring, not condemning.

This is so sad. We had a 27 year old nephew killed in a similar manner several years ago.

Speed was not cited as a factor in the accident. Field sobriety tests were given at the scene and were negative. He did not hit and run and remained at the scene. I would not speculate beyond what is public information at this point.

As a public service reminder, in almost all cases it is safer to remain safely buckled in your car after an accident than getting out and remaining in close proximity to your car.

[gam7]

What can he be charged with here, if anything? Involuntary manslaughter? Death by motor vehicle?

Inquiring, not condemning.

This is so sad. We had a 27 year old nephew killed in a similar manner several years ago.

From what I read I doubt anything gets charged. Sometimes an accident is just that. It was late and icy. Boeheim saw the car and tried to avoid it, but didn't see the person. That's a bit understandable, even if he was driving reasonably for conditions, since one doesn't expect to see a person on an interstate.

-c

I agree with cruxer that it doesn't sound like there will be any charges based on what's been publicly reported so far.

The criminal law (including what they call different types of crimes) varies from state to state. I am not a criminal lawyer, am not licensed to practice law in NY, and did not sleep at a Holiday Inn Express last night, so take the following with a grain of salt.

Murder will be completely off the table because it is seems clear there was no intent to kill.

The New York Penal Code categorizes manslaughter as either "manslaughter in the first degree" or "manslaughter in the second degree."

Manslaughter in the first degree would be charged if a person intended to cause serious physical injury to another person, and that injury then resulted in their death. There is no evidence that Boeheim intended to cause any injury at all to this person. So, he likely won't be charged with manslaughter in the first degree.

Manslaughter in the second degree basically means what most other states call "involuntary manslaughter." In NY, this occurs when a person recklessly causes the death of another person. A person acts "recklessly" with respect to a result or circumstance when the person is "aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists." The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard of conduct that a reasonable person would observe in the situation."

I've seen similar reporting that cruxer saw, and those facts suggest that Boeheim was not acting recklessly. I also saw that he apparently was given a breathalizer and had no alcohol in his system at all. (New York does not have a formal vehicular manslaughter crime, but if he had been drunk, he would be charged with manslaughter in the second degree.)

But there are still facts that are unknown - like how fast he was driving. If he was driving on those icy roads late at night at 100 mph and talking on a handheld cell phone while blindfolded, that might be considered reckless (though I am not familiar with NY case law on what is/isn't considered reckless).

But based on what's been reported, I see no crime that he would be charged with.

[Acymetric]

Speed was not cited as a factor in the accident. Field sobriety tests were given at the scene and were negative. He did not hit and run and remained at the scene. I would not speculate beyond what is public information at this point.

As a public service reminder, in almost all cases it is safer to remain safely buckled in your car after an accident than getting out and remaining in close proximity to your car.

Just to be clear, speed was not cited as a factor because according to the police they haven't determined the speed yet. That said, agree with gam7 above that it seems highly unlikely he would be charged with a crime given the circumstances (icy, dark, car in the road). If it turns out he were speeding, maybe they bring charges due to recklessness but I would be willing to bet those charges don't stick in court given the extenuating circumstances.

[gam7]

Speed was not cited as a factor in the accident. Field sobriety tests were given at the scene and were negative. He did not hit and run and remained at the scene. I would not speculate beyond what is public information at this point.

As a public service reminder, in almost all cases it is safer to remain safely buckled in your car after an accident than getting out and remaining in close proximity to your car.

The father of a high school friend did exactly that and the car was hit and he was killed. But as a general rule, you might be right...

[CDu]

Ugh, that is awful news. Can't imagine what all involved are going through. Hope I never have to.

[devildeac]

I agree with cruxer that it doesn't sound like there will be any charges based on what's been publicly reported so far.

The criminal law (including what they call different types of crimes) varies from state to state. I am not a criminal lawyer, am not licensed to practice law in NY, and did not sleep at a Holiday Inn Express last night, so take the following with a grain of salt.

Murder will be completely off the table because it is seems clear there was no intent to kill.

The New York Penal Code categorizes manslaughter as either "manslaughter in the first degree" or "manslaughter in the second degree."

Manslaughter in the first degree would be charged if a person intended to cause serious physical injury to another person, and that injury then resulted in their death. There is no evidence that Boeheim intended to cause any injury at all to this person. So, he likely won't be charged with manslaughter in the first degree.

Manslaughter in the second degree basically means what most other states call "involuntary manslaughter." In NY, this occurs when a person recklessly causes the death of another person. A person acts "recklessly" with respect to a result or circumstance when the person is "aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists." The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard of conduct that a reasonable person would observe in the situation."

I've seen similar reporting that cruxer saw, and those facts suggest that Boeheim was not acting recklessly. I also saw that he apparently was given a breathalizer and had no alcohol in his system at all. (New York does not have a formal vehicular manslaughter crime, but if he had been drunk, he would be charged with manslaughter in the second degree.)

But there are still facts that are unknown - like how fast he was driving. If he was driving on those icy roads late at night at 100 mph and talking on a handheld cell phone while blindfolded, that might be considered reckless (though I am not familiar with NY case law on what is/isn't considered reckless).

But based on what's been reported, I see no crime that he would be charged with.

Encouraging/educational to read. Thanks for explaining.

[golfinesquire]

There are actually a few more levels of homicide in NYS, including some Vehicular Homicide statutes and criminally negligent homicide. But they all require either some level of intent or some level or criminal carelessness. From the sound of things, this was just really bad luck for everyone involved. According to the police Boeheim was not drunk and was not speeding and was trying to avoid a car stopped in the lane. We don't criminalize accidents, even those with tragic results, and for good reason. It is hard to modify accidental behavior and we don't want to be in the business of punishing people for showing basic human limitations.

[PackMan97]

The father of a high school friend did exactly that and the car was hit and he was killed. But as a general rule, you might be right...

and as a general rule, it's safer to wear a seat belt but there are a few cases where getting thrown from the vehicle has saved someones life because they weren't wearing a seat belt. To be honest, I would have trouble staying in my car after a single car accident on the interstate.

I would definitely say that if you get out of the car, get the heck away from the road. You shouldn't be on the shoulder, or in the median. By all accounts, this person was still on the road and not say, up near the tree line.

[duke79]

and as a general rule, it's safer to wear a seat belt but there are a few cases where getting thrown from the vehicle has saved someones life because they weren't wearing a seat belt. To be honest, I would have trouble staying in my car after a single car accident on the interstate.

I would definitely say that if you get out of the car, get the heck away from the road. You shouldn't be on the shoulder, or in the median. By all accounts, this person was still on the road and not say, up near the tree line.

IMHO, this is the best advice if your car breaks down on the highway (or you get a flat tire or are in an accident, etc.). Pull the car as far off the highway as possible (in the breakdown lane, if there is one); get out of the car and get as far from the road as possible and wait for the police or other help to arrive. Don't try to change a tire yourself with traffic speeding by at 70 MPH (or faster). Quite a few people (including police) are killed that way.

From the initial reports of this particular accident, it sounds like it was just bad luck (and a tragedy) on a dark, snowy night. I feel badly for everyone involved.

[DevilYouKnow]

Well, this certainly casts our loss to UNC as a silly little disappointment.

This is going to be a really emotional game on Saturday.

My heart goes out to the victim, his family, Jim Boeheim and his family.

[flyingdutchdevil]

Well, this certainly casts our loss to UNC as a silly little disappointment.

This is going to be a really emotional game on Saturday.

My heart goes out to the victim, his family, Jim Boeheim and his family.

I'd be absolutely shocked if he coached on Saturday.

This is #@%&ing basketball. Who cares compared to this tragedy.

[Fish80]

I'd be absolutely shocked if he coached on Saturday.

This is #@%&ing basketball. Who cares compared to this tragedy.

Even if he doesn’t Coach, it will still be an emotional game.

[HereBeforeCoachK]

I'd be absolutely shocked if he coached on Saturday.

This is #@%&ing basketball. Who cares compared to this tragedy.

I don't know that him coaching Saturday is a sign of disrespect...I would imagine there will be moment of silence in the arena for the victim. Boeheim here appears to be a bit of a victim as well, though certainly not like the other man. It appears he was trying to avoid a car in the middle of the road in icy conditions, at night. Police said he did exactly what he was supposed to do, including trying to flag down other motorists to help.

On the other hand, I fully understand if he doesn't coach. No good answers, but no wrong answer.

[wavedukefan70s]

I'd be absolutely shocked if he coached on Saturday.

This is #@%&ing basketball. Who cares compared to this tragedy.

I would wager he does coach.its a few days apart.

[Bluedog]

I'd be absolutely shocked if he coached on Saturday.

This is #@%&ing basketball. Who cares compared to this tragedy.

When Venus Williams went through something similar (killed somebody in a car accident), she played in the US Open immediately thereafter. I don't think it's necessarily disrespectful. I agree with you that somebody's life is more important though, but not coaching won't change what happened.