Speculation on Dany Heatley

[Slingshot Suplex 0]

Legal experts: Heatley could avoid jail time in fatal accident

 

By MARK NIESSE, Associated Press Writer

October 13, 2003

 

ATLANTA (AP) -- Atlanta Thrashers hockey player Dany Heatley probably won't spend a day in jail for the car wreck that led to the death of teammate Dan Snyder, some legal experts say.

 

Because Heatley wasn't drunk and Snyder's relatives say they forgive him, prosecutors could decide the car crash was just an accident, with no need to pursue felony charges and sentences ranging from three to 15 years.

 

``If the family says that they do not want to press charges, and if there are no drugs or alcohol involved, there's a good chance that the state will not prosecute or that they will work out some sort of plea agreement,'' Camilla Watson, a criminal law professor at the University of Georgia, said Monday.

 

Snyder was riding in Heatley's Ferrari when it spun out of control on a narrow road in Atlanta and slammed into a wall Sept. 29. He died six days later, and Heatley was charged with felony vehicular homicide.

 

Heatley, free on $50,000 bond, also faces four misdemeanors.

 

``After we complete the investigation, we will make a decision on what charges, if any, to present to the grand jury,'' said Erik Friedly, a spokesman for the district attorney. ``There's always a possibility that during the investigation it can be determined that charges aren't appropriate.''

 

It's unknown exactly how fast Heatley was driving, what caused the accident or if there was a defect in the road or car, said Heatley's attorney, Don Samuel. He said reports that put Heatley's speed at 80 mph are ``unreliable.''

 

``I don't know that any sentence at all is appropriate because it isn't determined that he committed any crime,'' Samuel said. ``It's too early to predict what the final outcome would be.''

 

Test results showed Heatley consumed a small amount of alcohol before the crash. His blood alcohol content was less than 0.015, far below the state's legal limit of 0.08.

 

Heatley, last season's All-Star MVP, was injured in the crash and is out indefinitely. He broke his jaw and tore two ligaments in his knee.

 

As Snyder was buried Friday in his hometown of Elmira, Ontario, his parents said they don't blame Heatley for his death.

 

Those factors could contribute to a decision to let Heatley off the hook or for prosecutors to grant a plea agreement with a sentence of community service, said Robert Pugsley, a criminal law professor at Southwestern University in Los Angeles.

 

``This may be treated as an accident, and I would not be surprised if the district attorney did not proceed,'' he said. ``It's a really tough call, and it depends on the district attorney's determination of if famous people need to be reined in or are getting away with too much.''

[Guest El Satanico]

Then, they shouldn't prosecute him. Prosecuting him would just go against the wishes of the victim's family.

 

If the victim's family doesn't press charges and there's no alcohol or drugs involved, what's the most they can get him for?

[Red Baron 0]

driving over the speed limit.

 

But you don't know if he swerved from an animal, people, or just hit a pot hole, and got into an accident, which is most likely, instead losing a handle on the car. What was he trying to do turn 130 on a corner? Hardly.

[starvenger 0]

They can still charge him with reckless driving, vehicular homicide, etc.

 

And I think that the state can still press charges if they feel that it's warranted. The family not pressing charges can influence the state to not continue, but it doesn't mean that they won't.

 

I'm really not sure which way they'll go, but I do know that you don't go 80mph by accident.

[Gert T 0]

Shit, he could have avoided much jail time if he was drunk,............. Leonard Little?

[Dogbert 0]

And he might not have been going that fast. The article states the informer that gave the car's speed at 80 mph as "unreliable".

 

I think he shouldn't go to jail, because all signs are pointing to this just being accidental. However, I also think that the physical and mental injuries he's suffered will be too much for him. He'll never play another game.

[Slingshot Suplex 0]

If he can cope with the mental/emotional aspects of the incident,he'll be back in the league within 3 seasons..probably next season. And he'll eventually return to being a top level player.

[nl5xsk1 0]

If there are no charges (and the CBA lockout doesn't come to fruition) then he'll miss this year for certain, and most likely part of next season as well. He tore both his ACL and MCL, so it'll be a while before he can even work out again, let alone skate, let alone take any contact. Maybe that'll be the silver lining to the CBA bullshit, it'll give Heatley more time to recuperate.

 

Having said that, though, there's still a good chance that he'll get some jail time, if nothing else as an effort to prove a point that just because he's an athlete, he's not above the law.

 

Question for our Georgia posters: How strict will the law be on someone that causes an accident like this?

[starvenger 0]

And he might not have been going that fast. The article states the informer that gave the car's speed at 80 mph as "unreliable".

 

I think he shouldn't go to jail, because all signs are pointing to this just being accidental. However, I also think that the physical and mental injuries he's suffered will be too much for him. He'll never play another game.

I can buy that. 80mph sounds good for a press release. Still, the car was totalled, Snyder died and Heatley has a bunch of injuries. I just don't see him getting off the hook for it unless they try to "make an example" out of an athlete. Treat him exactly as how the situation would seem to warrant - a guy who drove too fast and had someone else pay the price for it.

 

Btw (as noted in a previous thread) Craig McTavish made it back to the NHL AFTER serving jail time for a similar 'accidental' offence, so Heatley could conceivably make it back as well if there is no jail time. BUT, if he gets thrown in the slammer (remember the minimum jail time is 3 years), I don't think that he will. Four years (recovery + jail time) is just too much for a guy to stay off the ice if you're locked away for most of it.

Edited October 14, 2003 by starvenger

[the max 0]

I don't think he's doing jail time for this.

 

Since the Snyder family did an honorable thing and forgave him at the funeral service, and Heatley wasn't drunk at the time of the accident, I think it's safe to say that he will not do any time.

 

He'll get parole and community service, but no hard time.

 

And TSN seems to think that he'll be returning this year...

[Ripper 0]

If there are no charges (and the CBA lockout doesn't come to fruition) then he'll miss this year for certain, and most likely part of next season as well. He tore both his ACL and MCL, so it'll be a while before he can even work out again, let alone skate, let alone take any contact. Maybe that'll be the silver lining to the CBA bullshit, it'll give Heatley more time to recuperate.

 

Having said that, though, there's still a good chance that he'll get some jail time, if nothing else as an effort to prove a point that just because he's an athlete, he's not above the law.

 

Question for our Georgia posters: How strict will the law be on someone that causes an accident like this?

Its difficult to gauge since the persont that died was in the accident with him. If he had hit someone else, he would be gone for 3-5 without question, but in this case, he very well could get off.

 

But now there is this big rawkus over Juran Boulden(Falcons Cornerback) getting prefrential treatment after his arrest and it is all over the news. Sadly, this might make the state go after heatley more to show that they aren't soft on atheletes with all this bad press they have now.

[Lightning Flik 0]

And TSN seems to think that he'll be returning this year...

Depends on the extent of the ACL and MCL tears.

 

If they aren't like totalled, then he might be able to get back before the playoffs.

[Gert T 0]

If there are no charges (and the CBA lockout doesn't come to fruition) then he'll miss this year for certain, and most likely part of next season as well.  He tore both his ACL and MCL, so it'll be a while before he can even work out again, let alone skate, let alone take any contact.  Maybe that'll be the silver lining to the CBA bullshit, it'll give Heatley more time to recuperate.

 

Having said that, though, there's still a good chance that he'll get some jail time, if nothing else as an effort to prove a point that just because he's an athlete, he's not above the law. 

 

Question for our Georgia posters:  How strict will the law be on someone that causes an accident like this?

Its difficult to gauge since the persont that died was in the accident with him. If he had hit someone else, he would be gone for 3-5 without question, but in this case, he very well could get off.

 

But now there is this big rawkus over Juran Boulden(Falcons Cornerback) getting prefrential treatment after his arrest and it is all over the news. Sadly, this might make the state go after heatley more to show that they aren't soft on atheletes with all this bad press they have now.

Ripper what's the story on the Falcons' CB?

[Red Baron 0]

But now there is this big rawkus over Juran Boulden(Falcons Cornerback) getting prefrential treatment after his arrest and it is all over the news. Sadly, this might make the state go after heatley more to show that they aren't soft on atheletes with all this bad press they have now.

Probably a bit biased here, but he plays Football, and that is Georgia favourite sport. No one gives a damn about Hockey down there, therefore he won't. If Heatly played Baseball or Football, he'll get the same treatment as Boulden

[Ripper 0]

But now there is this big rawkus over Juran Boulden(Falcons Cornerback) getting prefrential treatment after his arrest and it is all over the news.  Sadly, this might make the state go after heatley more to show that they aren't soft on atheletes with all this bad press they have now.

Probably a bit biased here, but he plays Football, and that is Georgia favourite sport. No one gives a damn about Hockey down there, therefore he won't. If Heatly played Baseball or Football, he'll get the same treatment as Boulden

Yeah, maybe, but my point was that now its all over the news about how a athlete got a break for being famous from the law. The bad press might make the City try and show people that they aren't gettting a break with Heatley(hopefully they do it with Boulden, seeing as he is a moron)

 

And basically, Juran Bouldon, millionare, was caught driving a STOLEN car and had drugs in the car when they pulled him over. So basically he had posssesion of stolen property and drug charges. He got booked in Fulton County jail. Now here is the thing. Fulton County Jail had a computer system problem like a week ago that they still haven't gotten fixed. Inmates that have made bail, and whose sentences are over are still in jail because they can't be sure if they should be out. Juran Boldon manages to make bail, and be out within a few hours while all of these other inmates are STILL sitting there serving extra time because of a computer problem. Then came the rawkus when the media found out and now there is a investigation.

[Gert T 0]

Thanks, Ripper.