Originally Posted By skinnerbox <<Are you saying that because in Mass. DUI collateral deaths aren't classified as 'murder' like here in California>> No. I made that statement based on the reasoning from the prosecution regarding the Adenhart case. The DUI driver who hit the vehicle Adenhart was in, had at least one previous DUI, was on probation, had a suspended license, and ran away from the scene of the accident in a well-lit part of Fullerton. Kennedy's situation was totally different. He wasn't on probation, he didn't have a suspended license, he wasn't speeding, and didn't run a red light. He didn't try to hide from the police as Gallo did (the driver who hit the Adenhart vehicle). Kennedy stated he tried to save the woman, and there's no way to prove otherwise. Gallo didn't try to help the passengers in the vehicle he hit, but simply ran away. Hanging second degree murder charges on Gallo was done by the prosecution because of the "alcohol awareness" program he went through as part of his previous DUI sentencing. The prosecution is reasoning that the murder is "implied" because he should have known the dangers involved with driving while intoxicated because of the program. Gallo also chose to disregard the law by driving without a license thereby violating his probation. Kennedy was drunk at the time of his accident, but did not have the prior history that Gallo had before his, nor was Kennedy driving erratically or speeding through red lights. He made a wrong turn in the dark and drove over the side of a narrow wooden bridge without guardrails, basically in the middle of nowhere. Totally different than getting behind the wheel of a car and speeding recklessly through the streets of Fullerton.
