Article about my Dad's death in the Orlando Sentinel

[DisneyKevin]

Hi Folks,

I'm posting the link to the article about my Dad's death because I think what the state of Florida is doing is an outrage.

http://www.orlandosentinel.com/news/crime/os-fatal-cocaine-pedestrian-crash-stcloud20100129,0,641621.story

The DUI manslaughter charges against the man that hit and killed my Dad have been DROPPED.

The article explains why.

I apologize that this is not the most pleasant article to read....but I feel like I have to let people know.

There is a place to comment, so if you feel the need, please do so.

This whole thing is having a devastating effect on my family.

[Sugardimples]

Kevin, I am so sorry that this is happening. I know from personal experience how devestating this is.

[Shasta]

Wow! I can't see how in the world the law could allow him to get out of this. DUI means driving under the influence. It isn't DUIA (alcohol). When Ambien first came out, I'd heard of cases against people who were driving early in the morning and still influenced by Ambien they had taken the night before.

Obviously Cocaine and Xanax will influence someone. Kevin, I'm sure this has really been hard on your family. Has your mother considered a Civil Rights case?

[Pooh's Hunny]

Kevin, I have lurked on these boards for a couple of years, but this is my first post. I felt compelled to tell you that I have felt your pain and understand your families frustration. Years ago I list my best friend to a drunk driver. Charges were dismissed because of some stupid technicality and the killer got off with a slap on the wrist. And to place any blame on an elderly victim is just cruel. I am very sorry you and your family have had this unnecessary pain added to your grief. Your dad sounded like a wonderful human being, it is a shame that his memory is being besmirched by someone who is a criminal.

[jharrowell]

I'm so sorry Kevin, I wan't to write something eloquent but all that keeps going through my head is "it's wrong". :(


:hug:

[DizMom11]

Could we organize a petition or letter writing campaign to help fight this?

[disneyholic family]

outrageous! based on what's said in the article, they could test for drug levels if they wanted to, but they don't...
the on-scene description of his behavior by police officers certainly point to impairment....
it's just crazy...
I'm so sorry Kevin - it must be so difficult for your family......or rather, making it that much more difficult....how upsetting...

[DisneyKevin]

If you wish to write a letter to the State Attorney, the information is as follows:

NINTH JUDICIAL CIRCUIT
Lawson Lamar, State Attorney
415 North Orange Avenue
Orlando, Florida 32801
(407) 836-2400

The person handling this case was the Assistant State Attorney, Robert Egan.

Thank you for your kind words.

[Shasta]

Kevin, it would be a good idea to share this information with the Florida Division of MADD. I feel they would have an interest in this and they have a lot of influence in politics. I'm going to write them a letter and forward the link you provided to the Orlando Sentinel.

http://www.madd.org/fl

I just sent this to MADD

Hello, my name is Perry Launius and I live in Flowood, MS. A friend of mine, Kevin Klose and his family in Orlando have a story to share and I feel a terrible injustice has been done to them by the judicial system.

I’m asking you to take a moment to read the article in the Orlando Sentinel I’m providing and if you feel impelled, contact the state’s attorney below. This is the exact type of crime that MADD fights daily. I think you’ll feel the same way after reading the article.

Thank you,
Perry Launius

http://www.orlandosentinel.com/news/crime/os-fatal-cocaine-pedestrian-crash-stcloud20100129,0,641621.story


NINTH JUDICIAL CIRCUIT
Lawson Lamar, State Attorney
415 North Orange Avenue
Orlando, Florida 32801
(407) 836-2400

The person handling this case was the Assistant State Attorney, Robert Egan.

[elemusing]

This is so sad. I did leave a comment on the OS webpage. And I am sending a letter to the State Attorney as well. I am so sorry for this travesty. It saddens me to know you lost your father, but now they are just rubbing salt in your wounds. My deepest sympathy to you, your brother, and your mother, Kevin. :(

[DizMom11]

There is strength in numbers - I encourage us all to call, write, or email. We can be a force to be reckoned with.

NINTH JUDICIAL CIRCUIT
Lawson Lamar, State Attorney
415 North Orange Avenue
Orlando, Florida 32801
(407) 836-2400

The person handling this case was the Assistant State Attorney, Robert Egan.

[cdotla]

Kevin - I am so, so sorry. This is devestating to hear.:sad1:

[Shasta]

If anyone finds an email for Robert Egan, please provide it. I can't find a list of email contacts on the Ninth Judaical Court site. I plan to write a letter but it doesn't hurt to shoot a few emails too.

[Annette_VA]

Kevin, that is outrageous! I am so sorry that they're adding insult to injury. That guy deserves to rot in you-know-where. :mad:

[IWISHFORDISNEY]

It wont let me leave a comment but what an outrage. Kevin my prayers go out to your family this is such a disgrace. My neice was killed by a drunk driver and they deamed her life to be worth $14K. That wont even cover the couseling bills for my SIL and BIL and nephew. The whole system is messed up. I will definately be writing a letter about this.

[PinkBudgie]

How horrible! That just makes me sick. It seems like there are several things the state could do to prevent it from happening again to someone else, but they just won't. I'm so sorry you all have to go through all this. :sad2:

[SamSam]

Kevin, I am so sorry. It is a tragedy that you lost your father that way, then to add insult to injury, they're letting the offender go scott free. He is out there, perhaps still using, AND still driving. Outrageous!!

[eeyorethegreat]

Kevin I am so sorry to hear of this failure of justice. This judge should not even be in his seat. How can anyone with any grain of intelligence claim that drugs taken by this driver did not impair him. Again Kevin I am so sorry that your family have to endure this on top of your Dad's death.

[simonkodousek]

Wow. How absolutely ridiculous! This is so infuriating, words can't even begin to describe how I feel about this. :(

[kafitty]

Kevin & family, i am so sorry.

While from a legal standpoint, i *sort of* understand where this judge is coming from, from a COMMON SENSE standpoint, this is absolutely ridiculous.

the likelyhood of a known drug abuser, particularly those kinds of narcotics, being completely sober at almost 9pm is pretty much nil, especially if he had all of that stuff in his car. i don't buy it for a second.

:grouphug:

[rocio]

How sad and frustrating :(

[auroralark]

Kevin, I really don't know what to say except that I'm so sorry any of this is happening to your family. I think it's outrageous that the charges have been dropped. :sad2:

[Belle5]

Kevin,

I have experienced the pain of sudden loss of my father and brother. One consolation to our family was that if it had to happen--someone hadn't "done it to them". They died of natural causes. Our family agreed that it would be so much more difficult to "get over it" if there was someone who caused their deaths. Someone is to blame for your father's passing and that is just soooo hard to swallow! This is a true injustice and I am so very sorry. God bless you as you try to work through this (and hopefully have the satisfaction of some kind of justice).

Kathy

[*NikkiBell*]

I will be writing to the courts and commenting on the article when I get home. Xanax negatively effects your ability to drive especially when you first take it as opposed to it being in your system for a few days (the initial dose kicks your butt; after a few you are more stable). Combine that with cocaine and this man could not possibly drive safely. It even says so on the bottle. This needs to be brought back into the court room.

I'm so sorry to hear this. It's as frustrating as Seans near fatal crash a few years ago. An exfriend was driving and under the influence and a speed hog. Sean dud not know he had drank so much and was in the passenger seat and two friends in the back. They rolled over three lanes of the GSP causing two to be ejected. One did not make it. Sean has permanent injuries in his shoulder as a result. The driver never served a day in his life because he was good friends with the cops on the scene and investigating it. It's beyond aggravating.

I'm so so sorry. Keep your chins up.

[Justin Jett]

Kevin, my friend

I am very sorry about that. I love you very much.

[WaltD4Me]

Reading that article just made me literally sick. It's disgusting that this guy is getting off. Is he not being charged for anything? Please tell me he isn't getting off totally scott free. Were there other charges, like for the drugs and paraphenalia found in his car? Or is he getting a free ride or that too? :headache: I will be writing to the State Attorney's office as well.

[rtobe]

Kevin, I am sorry you and your family have to go through this. The article is very sad. As others have noted, there are several other possibly chargeable offenses based on what was found in the car (assuming that the officers did the search within constitutional bounds). I hope that enough correspondence to the State's Attorney office brings about change.

:grouphug: to you and your family

[two-foxes]

Unlike the statewide standard for alcohol intoxication, Florida does not have a definition for cocaine impairment. Successful prosecutions of drug-related DUI cases must rely on police working with a lab that performs quantitative testing to backup the observations of officers who make the arrests, according to interviews with police and toxicology experts.

Yet, there is no plan to do any quantitative testing "for now?" When, then?? It seems a bit sickening this decision to drop charges is being done without quantitative testing to either prove or disprove the levels of cocaine to properly justify this decision.

Kevin, I am sincerely sorry. Proper prosecution and justice of the dirtbag who did this to your father and family will not bring him back, but it perhaps it could have let you sleep a bit better knowing the criminal justice system could have worked and this dirtbag will not be doing this to anyone else. It is a shame the State of Florida can not uphold themselves to the job they are being paid to do.

I wish peace for your family, despite this horrible decision.

[RutgersAlum]

Kevin, I have no wisdom to share, just letting you know I, too, agree this is outrageous. I am sorry for the pain they are causing you & your family.

Can't someone *make* them re-test the blood for the amount of cocaine (not like THAT should matter because a logical person would think that ANY in his blood would be enough to deem him guilty...)? Can they get him, as the others suggested, for possession? Or how about for lying to the investigating officer?

I know if I were getting on a bus or an airplane, I would not want to hear that the driver/pilot "only has a little cocaine" in his/her system, but not enough to be an impairment...duh.

I'm so sorry your family is going through this.
Michele/Rutgers

[luke]

That is an absolute disgrace!!!

Thoughts are with you and your family :)

:goodvibes

[lisajl]

First off I am so sorry you have to deal with this.
Secondly, I am sick and tired of people getting away with murder.
What is wrong with Florida? Using cocaine does not impair a person?
Who are they kidding?
Count me in for one to write a letter. I have had it.

Lisa

[cocowum]

I'm so sorry Kevin. What an absolute travesty!:mad::mad:

[MinnieGarden]

Kevin, that's awful and completely outrageous. I can speak for Mike when I say that we will both be writing letters. If anone finds an e-mail address, please share.

[jcb]

Kevin,

I grieve for you and your family. When you mentioned your mother had been on television about this, I looked it up and wished I hadn't as I felt I was intruding. My heart broke for her, you and Brian.

Even though I can understand the legal concerns with prosecuting the driver I am still very disturbed by the prosecutor's decision. I hope your family will not take this as the final decision.

[WaltD4Me]

I THINK and I am by NO means defending this decision, what the state is saying is that cocaine remains in your blood for much longer than alcohol or pot, I think for up to 2 weeks and the test that they do just tests for any cocaine, so this scum bag COULD have done the cocaine on the day of accident or a week before the accident, but since it stays in the blood longer, with the test that they used, they cannot prove either way which it was. This however does not excuse them for not testing further for the amount of cocaine in his blood, which would be an indicator of when he might have used the cocaine.

[Cyrano]

Kevin thoughts for all your family :grouphug:

I have always had a zero tolerance attitude to anyone who drinks or takes drugs while driving. :headache:

[Stitchmistress]

Kevin, I am so sorry to hear about this. It is an outrage, and I feel badly that this is causing more pain to your family. My thoughts are with you, and I hope something can be done about this. Maybe it is too late in this case, but if enough of an outcry is made, perhaps the laws can be changed for the future.

[kafitty]

I THINK and I am by NO means defending this decision, what the state is saying is that cocaine remains in your blood for much longer than alcohol or pot, I think for up to 2 weeks and the test that they do just tests for any cocaine, so this scum bag COULD have done the cocaine on the day of accident or a week before the accident, but since it stays in the blood longer, with the test that they used, they cannot prove either way which it was. This however does not excuse them for not testing further for the amount of cocaine in his blood, which would be an indicator of when he might have used the cocaine.

this is exactly what the state is saying, except the timeframe is incorrect. Marijuana can be detected for about a month, alcohol for only a few hours, and cocaine from 2-5 days. Info here: http://en.wikipedia.org/wiki/Drug_test (yes it's Wikipedia but it's a legitimate source)

like i said earlier: i get it from a legal standpoint. But from a common-sense view? Ridiculous.

[hildarumpole]

Unbelievable. Doesn't Florida consider prescription drugs in cases of DUI? Xanax has an impairment warning on it. Even if they can't prove how much cocaine was in the jerk's system, the Xanax alone should be considered a factor.

I'm so sorry you're family is having to go through this horror, Kevin. I lost a family member under similar circumstances many years ago. Unfortunately, that's when we also found out how dumb the DUI laws were. We worked to beef them up a bit, but they are still a long way from doing enough to protect the public and really make people think twice before partying it up and getting in a vehicle. It's very sad that there is so much reluctance on the part of many lawmakers to get serious about DUI's.

[dalt01]

the thing that ticks me off is the criminal history, the old if it walks like a duck and quacks like a duck does not apply in our system. if this went to court they would not tell the jury about past transgressions. i had a school mate who had a situation. over a decade ago he had a car wreck and his wife died in the accident. he had all of the usual drugs in his system, went to trial, got seven years. if the jury would have been told that HIS FIRST WIFE DIED THE VERY SAME WAY he would have gotten a lot more. and the real kicker is THE FIRST WIFE WAS THE SISTER OF THE SECOND WIFE. thats right two members of the same family killed the same way by the same person. i am an eye for an eye type of guy myself. i know that cant be but......................................

[PEANUT1]

This is so horrible..now you are suffering all over again..I am so sorry.

[hideeh]

Kevin I don't know what to say other than I am sorry. :hug:

[calypso*a*go-go]

Bottomline -- Had Lanier not been behind the wheel, Mr. Klose would still be alive. Lanier is directly responsible for someone's death and should be held accountable. I am *disgusted* with the decision of the State Attorney's Office.

[FireDancer]

Thanks for sharing something so personal. I find the rationale in the article perplexing. Anyone would be laughed out of court if their defense for driving drunk was that they were a safe and able drunk driver. Even if that was 100% true and they were able to drive an obstacle course drunk they should and would still be charged. DUI means driving under the influence, it doesn't mean driving poorly under the influence. Add to all of that a death then there is no way it should not be considered manslaughter while driving under the influence.

This kind of thing saddens and worries me. I spend a lot of time on the roads running and cycling and you always do all you can to make sure you are seen and out of harms way. Someone driving under the influence of anything, especially something that is illegal to have in the first place, is not going to be as able to avoid anyone as the same driver would sober.

I'm sorry that the tragic death of your father has to be compounded by the tragic stupidity of the prosecution.

[WebmasterPete]

Maybe this will shed some light on Mr. Eagans unwillingness to prosecute drug offenders who murder innocent civilians with their car while under the influence of drugs.

http://articles.orlandosentinel.com/1985-07-19/news/0310360109_1_eagan-bribe-grand-jury

[Southrnbelle]

Kevin,

I am so sorry to hear of this incredibly bad developement. I hope this is only a turn in the road, not the end of it. I will be praying for you and your family.

Denise

[Mouse Skywalker]

I'm so, so sorry Kevin. I'm also sorry you and your Mother have to deal with this injustice.

[DisneyDeeva]

Maybe this will shed some light on Mr. Eagans unwillingness to prosecute drug offenders who murder innocent civilians with their car while under the influence of drugs.

http://articles.orlandosentinel.com/1985-07-19/news/0310360109_1_eagan-bribe-grand-jury

WOW - that was pretty illuminating.

[Mrs D]

Wow, it is so hard to lose a parent but I can't imagine how difficult these circumstances make it. I'm sorry that you are being robbed of justice. I pray that you & your family find closure in some other form.
My heart goes out to you.
Dawn

[chaoscent]

Kevin - It's bad enough to lose your Dad (I know that from personal experience), but it has to be worse to have the person that killed him set free and not have to pay for what he did. I will keep you and your mom in my prayers. Penny:grouphug:

[disneydad78]

OMG im so sorry Kevin ,,That is just crazy...

[WebmasterKathy]

Unbelievable. :headache:

[CinderellasSister]

How outrageous! Florida law is just unbelievable! Kevin, I'm so sorry. I'll continue to keep you and your family in my prayers.

[Disney MAINEiac]

I recommend a wrongful death civil suit....they won't go to jail but they may wish they did. there's also much less of a burden of proof than a criminal trial

[connie1042]

That's just plain wrong!!! It seems the victims are blamed more often then the criminals. Just WRONG!

[insureman]

Sorry Kevin. The loss of parent even when we are adults sucks . It compounds the grief and frustration when the law drops the ball.

Quote "The trouble with the laws these days is that criminals know their rights better than their wrongs." ~Author Unknown

[JVL1018]

Ridiculous! I'm so sorry, Kevin, that really sucks.:sad1:

[rlduvall]

I never knew the entire circumstances regarding your father's passing. :hug: I too lost my father in 2009 at the age of 69 [after losing my mother in 2007 at age 65]. Then in October of 2009 my brother, my only sibling, committed suicide . While I have experienced much tragedy, I still cannot imagine my loved one being killed in this manner and the driver not being held at least partially responsible. :sad1:

[Grumpy's Old Lady]

Maybe this will shed some light on Mr. Eagans unwillingness to prosecute drug offenders who murder innocent civilians with their car while under the influence of drugs.

http://articles.orlandosentinel.com/1985-07-19/news/0310360109_1_eagan-bribe-grand-jury

The article is from July 1985 and states Eagan was 59 years old and has been state attorney for 16 years. This is 2010 and he is still Asst. States Attorney! They should have a term limit - this Eagan guy is 84 years old? He should not still be in that position and he is corrupt - it's nuts!

Kevin I am so sorry that this has happened. The man should be charged and definitely should not have a driver's license! I will write and complain too. I hope someone listens to our complaints.

[Kimberle]

I am at a complete loss for words..... unbelievable.....

:grouphug:

[AnneR]

Kevin

I don't have any new words to share with you and your family. {{{hugs}}} This has got to be an incredibly difficult time for you.

It is a shame that the balance of our legal system has swung to the point we have to be able to prove that the presence of an illegal substance in a persons system has impaired their driving. Shouldn't the presence of the substance be enough? and taking someone else's prescription?

My thoughts and prayers are with you and your family.

[I Believe In Magic]

This is terrible!! I am so sorry for you and your family. I know it said charges were dropped but does that really mean he is suffering no punishment? The very first sentence of the article is ridiculous. I can't believe someone would get exonerated for doing such a horrible thing, and to top it off being under the influence of an illegal substance, he is walking free? I will be writing a letter. Stories like this should not be happening. This man is responsible for you losing your dad, he should spend the rest of his life in prison.

[BernardandMissBianca]

Kevin, I hope your family considers filing a wrongful death suit.

[mikelan6]

So much for justice. This is really unexplainable.

I do honestly beleive though that the KILLER will get punished eventually - one way or another.

[WaltD4Me]

The article is from July 1985 and states Eagan was 59 years old and has been state attorney for 16 years. This is 2010 and he is still Asst. States Attorney! They should have a term limit - this Eagan guy is 84 years old? He should not still be in that position and he is corrupt - it's nuts!

Kevin I am so sorry that this has happened. The man should be charged and definitely should not have a driver's license! I will write and complain too. I hope someone listens to our complaints.

I was thinking the same thing. Even thinking maybe the 1985 was a typo? How could this guy still be Asst. States attorney for that long and at 84 isn't time to retire already?! Well, most definitely for the people of Florida, it was time a looooooooooooooooong time ago.

[Halloweenqueen]

Kevin, this is an outrage.

I think this information needs to be posted on the community section as well. We need to get the word out.

You're family is in our thoughts. :sad2:

[KatheeME]

I am so sorry and sad to read this Kevin. It not fair at all. I am thinking of you and your family. :hug:

[KatheeME]

Maybe this will shed some light on Mr. Eagans unwillingness to prosecute drug offenders who murder innocent civilians with their car while under the influence of drugs.

http://articles.orlandosentinel.com/1985-07-19/news/0310360109_1_eagan-bribe-grand-jury

OMG! I am so angry! The more I think about what this means and what it is doing to you Kevin, and your family, I could scream! I will be writing a letter as well.

[daneenm]

Kevin, my heart just breaks for you and your family. Nothing will make you miss your Dad less, but I would guess that there would be some solace in seeing that this man could never cause this kind of pain for another family again. How this can actually be happening is incomprehensible to me.

I am so sorry.

[Dian-er]

I agree, I still can't get my mind around it. I read the article 2 twice & sat back in stunned. The thinking was sooooo convaluted (my spelling is off I think). It makes me very angry. I'm really at a loss for words.

[BeamsofLight]

I can't even find the words... that's completely, absolutely sickening. I'm so sorry you and your family are going through this, Kevin. :hug:

[Jacksmom99]

Kevin, I am so sorry to hear this. What an injustice and an outrage!! I will definitely be writing a letter. I pray that our letters will help in some way so that others don't have to go through this.

Kim

[DisneyKevin]

My family had numerous discussions regarding this situtation and none of us are coming from a vindictive place.

We are all of the belief that this person should not be behind the wheel of a car. He has shown a pattern of behavior and now someone has died because of choices he has made. Eventually, DAVID LANIER will kill someone else and if there is anything we can do to stop that....we should do it.

My Dad was days away from his 77th birthday and minding his own business. This could have just as easily been a group of kids.

No one should have to feel this way because someone else feels the need to use drugs.

The part of this article that actually hurts to read is this:

"Lanier has been arrested three times before, once for shoplifting and twice on felony cocaine charges, according to FDLE. He was convicted in each case, but judges withheld adjudication so Lanier would not have to admit being a convicted felon, records show."

Because a judge (or judges) felt that David Lanier should not have to admit to being convicted of two felonies...an innocent, healthy 76 year old man died a horrible, unnecessary death.

I keep trying to not be angry but I'm having a hard time getting there.

Thank you all for your support.

[corky441]

Kevin,

I am so very sorry to hear about this injustice. My heart goes out to you and your Mom :hug:

I too will be writing a letter to voice my opinion concerning this unbelievable chain of events.

Stay strong and know that we are all unbelievably saddened by this.:sad2:

[DisneyKevin]

I feel the need to share something else.

My Dad did not step off a curb into oncoming traffic as the article suggests.

My Dad crossed two lanes of traffic, a median, another lane and was about to leave the fourth lane and step into the bike lane. He was less than 3 feet from the sidewalk when he was hit.

This was not carelessness on the part of my Dad. This was David Lanier's fault

This should not have been a surprise to any sober driver paying attention.

[lttlmc3]

I feel the need to share something else.

My Dad did not step off a curb into oncoming traffic as the article suggests.

My Dad crossed two lanes of traffic, a median, another lane and was about to leave the fourth lane and step into the bike lane. He was less than 3 feet from the sidewalk when he was hit.

This was not carelessness on the part of my Dad. This was David Lanier's fault

This should not have been a surprise to any sober driver paying attention.

You are absolutely right. Your father was NO WAY in any fault here. He wasn't the one driving a vehicle. He wasn't the one who took drugs. He was simply walking. Implying that he made a mistake is unconsionable.

I'm sick reading this...in my line of work, you hear of criminals getting off for stupid reasons and there is nothing more frustrating. This one takes the cake. My stomach hurts just thinking about it.

[DVCJones]

Geez Kevin, I am sorry you and your family have to go through this. It must be so hard.

How could a judge not hold him accountable for his actions given his history, drugs in his system and the fact that he had all the other paraphernalia in HIS car.

It is really scary to think this guy will be driving again.

It is completely outrageous that this man won't face charges. At the very least wouldn't he be charged with all that "paraphernalia?"

That's it...I'm writing a letter too!

:hug: Hugs to you and your family.

[DVCJones]

Maybe this will shed some light on Mr. Eagans unwillingness to prosecute drug offenders who murder innocent civilians with their car while under the influence of drugs.

http://articles.orlandosentinel.com/1985-07-19/news/0310360109_1_eagan-bribe-grand-jury

I just read this....

:scared1: Are you friggin kidding!!!!This made me ill.

So sorry Kevin.

[parrotheadlois]

Kevin, I hope you have an attorney. Maybe you could pursue this through a civil action.

[timmac]

Kevin, to say the least that's pretty frustrating to see.

Looks as though legally speaking, there are some shortcomings in how the laws are framed, unfortunately. Perhaps if nothing else, some attention on this case can help to be a springboard towards preventing such a loophole from existing on future cases.

I hope that despite how ridiculous this truly is, you and your family can find peace following such a tragic series of events.

[jen3003]

Kevin, I'm so sorry about this whole incident! It sickens me knowing that someone like that is free and killing an innocent man and causing such grief on your family is okay according to that report.

I hope you and your family can fight this somehow. I wish you all the best and are keeping your family in my thoughts and prayers for having to go through this now. :hug:

[bluecruiser]

Kevin, I am saddened to hear about this turn of events. It seems the Florida justice system needs to be overhauled. My cousin in Florida was almost killed last year by a reckless driver who was caught driving for the third time with a suspended license. He (my cousin, who is a Marine, not a lawyer) ended up having to review the law with the idiots in the State Attorney’s Office so they would charge the other driver correctly based on her past legal history.

Hoping for justice for your family.

[Disneybridein2k3]

Even though I can understand the legal concerns with prosecuting the driver I am still very disturbed by the prosecutor's decision. I hope your family will not take this as the final decision.

Kevin

I don't have any new words to share with you and your family. {{{hugs}}} This has got to be an incredibly difficult time for you.

It is a shame that the balance of our legal system has swung to the point we have to be able to prove that the presence of an illegal substance in a persons system has impaired their driving. Shouldn't the presence of the substance be enough? and taking someone else's prescription?

My thoughts and prayers are with you and your family.

I agree with both Jack and Anne. I hope that you are not taking this as the final decision. I know articles can be twisted and words left out, but it truly does read that your Dad was at fault and that contradicts the officer's report as you tell us. For nothing else, his name needs to be cleared. And as hard as it is you must now do everything you can to make sure David Lanier doesn't hurt anyone else the way he has hurt your family.

My prayers are with you and your family. I know you are strong but know this is a hard time. Please know I am thinking of you.

[jimmiej]

I'm really sorry about this Kevin. This really makes me angry! I hope you & your family can fight this decision. :grouphug:

[TammyAlphabet]

Gosh Kevin, I am really sorry to hear this. I am waiting for the trial of the man who murdered my DH. I can't imagine how I would feel if the charges were dropped. Your mom must be devastated. Hugs to you both!

[Mr. Disney 652]

Kevin,
First off, I'm sorry to hear about this...it sounds like no one followed through at the crime lab or with the SA's office, not sure about the police follow up either. I am an officer and part of a specialized crash reconstruction team, all I do is fatal and serious injury crashes. The primary function of their investigation is criminal prosecution. In crashes such as these someone should always be following through until the end, without question!

In our area, and most places around the country, the prosecutors order further testing after a driver tests positive for something. We ALWAYS send the samples out for quantifying data and results...that way there's no question or issues later on in prosecution. This should have begun with the police and crime lab, and been verified by the SA.

Years ago if you tested positive for drugs it was DUI-Drugs, period. Now days the courts want to see what "level" you are at and if it was a contributing factor to the crash. I don't think it should matter, but I'm not the courts and my opinion is worth two cents. If this were my investigation I would blow my lid...I couldn't imagine telling this to any victim's family, and none should go through this.

There is no reason why the results weren't quantified. Yes, it costs about $800, but we're talking about someone's life. I'm sorry Kevin (and family) that you have to go through this...and I apologize for the mistakes that fellow law enforcement and courts have made. If you need anything, don't hesitate to ask.

[jodiey]

Just the statement 'Cocaine in one's system does not constitute impairment' kills me! Are you kidding me?? What are these people thinking??

[slapwhitey]

So sorry to hear about this Kevin, it really is unbelievable. I can't imagine what you guys are going through and no words I can say can give you the comfort you guys need. It's ridiculous that someone can get away with this.

Take care.

[Kaler131]

Kevin, I am so sorry to hear this. My thoughts and prayers are with your family. This is absolutely unbelievable! Your father deserves justice!!:sad2:

[SueM in MN]

someone else had the most appropriate phrase I can think of:
your family was robbed of justice.

Sorry this horrible thing happened to your family.

[chrisw127]

I'm sorry. From what you've said on the podcast, you seem like the kind of son any parent would be proud to have. It's terrible that you and your family going through this.

Thank you for posting this link; I had no idea this sort of thing could happen.

[mainegal]

Kevin, I am so sorry about this total lack of justice. Nothing can bring your father back to your family, but his very untimely death at the hands of this driver is unexusable! I can't believe the driver was not held accountable for his actions.

Again, my sympathies to you and your mother. I pray that you eventually find some peace.

[challer]

So many thoughts are running through my mind about this that I can't seem to pin any down and feel confident that it'll come out in any comprehensible way.

I just feel terrible for Kevin & his family that this has played out this way. The frustration must be unbearable.

[PryncessChrysty]

Kevin, my condolences to you and your family. I am so sorry you are going through this. :grouphug:

[ADP]

This was difficult to read in so many ways. Kevin - I'm so sorry you and your family are going through this. I get so discouraged when I see our courts, who we count on to make good decisions, throw common sense out the window and act like robots.

We love ya Kevin. You're a great person. :grouphug:

[alebisi]

Kevin, I really don't know how to put this in words.. I'm so sorry you and your family are going through all this injustice, unfortunately this not only happens in the USA but also in other countries of the world. Keep strong! And I really hope things change. Feel free to vent in here!

[bawstngrl]

I THINK and I am by NO means defending this decision, what the state is saying is that cocaine remains in your blood for much longer than alcohol or pot, I think for up to 2 weeks and the test that they do just tests for any cocaine, so this scum bag COULD have done the cocaine on the day of accident or a week before the accident, but since it stays in the blood longer, with the test that they used, they cannot prove either way which it was. ....

Your facts are dead WRONG....POT stays in system for 30 to 45 days....COCAINE can clear the system anywhere from 24 hours to up to maybe 3 days, tops,(with heavy use). Alcohol will most likely clear your system in about 24 hours.


As a comment on the newspaper article -- all I could think was who does this guy know or is related to that pulled strings to get him off these drug charges(not once but three times)!!!!!!!!!!!!!!!!!!!! It is a fact that money can buy you out of most anything in FL.................SAD.....

[rn4val]

Kind of makes you lose faith in our system of justice. I thought the assistant state attorney were suppose to aim for justice and keep criminals off the street and you are a criminal if you are driving a vehile impaired.. I am a nurse and have seem too many lives ruined by alcohol and drugs. We are behind you Kevin and your family.

[Applemomma]

Absolutely infuriating.............

I wish there were words Kevin but all I can do is keep you and your family in my prayers. :hug:

[WaltD4Me]

Your facts are dead WRONG....POT stays in system for 30 to 45 days....COCAINE can clear the system anywhere from 24 hours to up to maybe 3 days, tops,(with heavy use). Alcohol will most likely clear your system in about 24 hours.


As a comment on the newspaper article -- all I could think was who does this guy know or is related to that pulled strings to get him off these drug charges(not once but three times)!!!!!!!!!!!!!!!!!!!! It is a fact that money can buy you out of most anything in FL.................SAD.....

I apologize, I did not mean to state anything as fact, I was remembering an newspaper article from a similiar case here a few months ago. And again I was not in any way defending the decision, I think it's disgusting to say the least.

[fakereadhed]

That is outrageous! In my state there is a campaign of buzzed driving and drunk driving are the same, but I am now curious if it relates to law or is just to raise awareness. If you are under the influance of any drugs(prescription or otherwise)that could impair you and get behind the wheel at the very least you should be accountable for what happens. Sounds like the law needs to be changed to be more clear so that there is no wiggle room for cases like this.

Kevin, thanks for bringing this to my attention. :hug:

[Kristina]

Kevin I am so sorry, like so many have posted before me I am just angry and sick over this and will keep you and your family in my prayers.

[Alice2020]

Kevin-

I am so sorry to hear about this injustice. This article shows how little the Florida legal system understands about drug abuse. I would love to write a letter to let Florida politicians about how choosing to drive while using ANY drug illegally shows indifference to public safety and should certainly make an offender eligible for manslaughter charges.

Is there a particular individual that we should be writing letters to? I prefer to send handwritten, personal letters to complain about such important issues.

[Minnie Lor]

Very sad situation. I'm just in shock. It's incomprehessible. My prayers are with you and your family.

[mommyceratops]

I am so sorry, that is so wrong!! How awful.

My love and prayers are always with you and your family.

[TinkRocks]

Kevin, so sorry to hear about this. Prayers to you and your family

[DisneyKevin]

Kevin-

I am so sorry to hear about this injustice. This article shows how little the Florida legal system understands about drug abuse. I would love to write a letter to let Florida politicians about how choosing to drive while using ANY drug illegally shows indifference to public safety and should certainly make an offender eligible for manslaughter charges.

Is there a particular individual that we should be writing letters to? I prefer to send handwritten, personal letters to complain about such important issues.

NINTH JUDICIAL CIRCUIT
Lawson Lamar, State Attorney
415 North Orange Avenue
Orlando, Florida 32801
(407) 836-2400

The person handling this case was the Assistant State Attorney, Robert Egan.

Thank you.

[DisneyWorld Delight]

Kevin, I'm very sorry to read this. It's horrendous.

[BriarRosie]

I'm sorry that you have to re-live this and deal with a garbage decision by the courts.

[Allison]

I can't even think of something to say because it's so unbelievable. I'm really sorry.

[SaraMc]

Oh, Kevin I am so sorry to hear this.

[MODisFan]

Kevin, I'm saddened to learn that you and your family have to relive the tragic passing of your father. That his murderer (and repeat drug offender) appears to not be held responsible is reprehensible!! I pray in time that this unjust wrong is righted and that your family may find peace.

~Elizabeth

[ericafny]

Kevin I am so sorry this is happening to you and your family. I hate to read articles like this in the paper. I do not know you personally but after listening to the podcast for 2 years I feel like I know you. Whenever I would hear you talk about your parents you sounded so sincere and that you would do anything for them. It is a shame that the courts would make such an unjust ruling. My thoughts are with you, your mother, and the rest of your family.

P.S. I read in the article your father was a butcher...my grandfather was a butcher too :)

[fakereadhed]

Kevin, have you considered contacting the national media? This has been bugging me all day and I was just trying to figure out what would put the most pressure on the State Attorney's office.

[doconeill]

I am, honestly, just flabbergasted.

If there is evidence that he was driving while impaired, and tests show he had multiple drugs that would cause impairment, to then say there was no evidence that those drugs themselves were the cause of the impairment is silly, and even still, I don't understand why that ruling would be enough to drop all charges anyways if the evidence shows he was driving to endanger.

It appears that the DA simply does not want to pursue justice in this case - why not order the quantitative tests at this stage? Would it not be in the interest of justice?

The comments on the article are interesting as well.

[Kae]

I am, honestly, just flabbergasted.

If there is evidence that he was driving while impaired, and tests show he had multiple drugs that would cause impairment, to then say there was no evidence that those drugs themselves were the cause of the impairment is silly, and even still, I don't understand why that ruling would be enough to drop all charges anyways if the evidence shows he was driving to endanger.

It appears that the DA simply does not want to pursue justice in this case - why not order the quantitative tests at this stage? Would it not be in the interest of justice?

The comments on the article are interesting as well.

This just makes me ill. And I am so sorry. As someone who works in the industry I am speechless.

Kae

[LauraAnn630]

Kevin Im so sorry to hear this. Its hard enough to loose a parent but this is even more terrible!

Will he be charged with something else? Like involuntary manslaughter? Hes going to be charges with something right???

Maybe CNN would report this. Like Nancy Grace.

[Joshua_me]

This is outrageous, and it's certainly a royal smack in the face to you and your family.

To have to relive this pain over and over again in the face of this injustice just... Well...

I can't use the words here that I'd like to...

A major :hug: to you and yours is the best I can do right now.

[ratherbeatdisney]

While this whole situation is horrible, until they change the law and they way they do the testing there is no way to say whether he was high or not. If someone does cocaine 3 days ago, they will still find traces in their system, but they are absolutely NOT high still. THC stays with you for up to a month, it would certainly be far fetched to convict someone of a DWI for smoking a joint a month ago. I understand this is still VERY sad and i would be JUST as upset, but its the law that needs to change. I dont care what adults do in their private life in there home, its when they hurt someone else under the influence that there is a problem. Whether it be with alcohol, pot, or cocaine. Can you imagine the outrage you would feel if you if you got in an accident and they tested you and it came back positive for alcohol , and you got arrested, but you hadn't had a beer in 4 days??? im not saying this guy is innocent, he probably isn't, but they need to get into the 21st century and use science for all its worth, otherwise this will continue to happen. I wish your family the best and my thoughts and prayers are with you ....

[fakereadhed]

While this whole situation is horrible, until they change the law and they way they do the testing there is no way to say whether he was high or not. If someone does cocaine 3 days ago, they will still find traces in their system, but they are absolutely NOT high still. THC stays with you for up to a month, it would certainly be far fetched to convict someone of a DWI for smoking a joint a month ago. I understand this is still VERY sad and i would be JUST as upset, but its the law that needs to change. I dont care what adults do in their private life in there home, its when they hurt someone else under the influence that there is a problem. Whether it be with alcohol, pot, or cocaine. Can you imagine the outrage you would feel if you if you got in an accident and they tested you and it came back positive for alcohol , and you got arrested, but you hadn't had a beer in 4 days??? ....

I can imagine that if I ran over someone, I wouldn't be outraged to be arrested. I would be sick over it, no matter when I did drugs last. :rolleyes:

The police reports according to the article also found him to be under the influence based on their observations. That should count for something.

[loveisinthedetails]

Kevin,

I will be lifting you and your family in prayer in the days to come. May justice and truth come to light in this situation.

-Deni

[thefatmanrocks]

Wow! That is insane! Im sorry you had to go through that in the first place and to have to go through this...unbelievable!

[ratherbeatdisney]

I can imagine that if I ran over someone, I wouldn't be outraged to be arrested. I would be sick over it, no matter when I did drugs last. :rolleyes:

The police reports according to the article also found him to be under the influence based on their observations. That should count for something.

of COURSE you would be sick over it. its a HORRIBLE Thing. anyone would be sick if they were involved in this. I read the article, i saw what it said. the way he was acting after the accident doesnt PROVE anything though. there have been SOBER people that fail the curbside police sobriety tests, they are just a very basic prelimanary test to see if they need to go further with blood and alcohol testing. the only way to prove if he was affected by the drugs is with more testing than they are currently providing.

just based on statistics, MANY of you on here either have smoked pot, or know someone who does. Heck , in CA and quite a few other states, it is given to you legally for medical reasons. If you smoked pot a week ago, you are NOT still high today, it has zero affect on how you drive. yet if they test you for it, it is still right there in your system. I dont know if that is what happened in this case, i have no idea, nor do you. The only way to determine that is for them to change they way the test for it. This is still a horrible situation either way, the BEST thing for them to do would be to test this guys blood sample and see what levels are in it, and THEN throw the book at him if he was shown to have been impared while driving.

I am ALL for prosecuting people that drive while high or drunk, throw the book at them, but getting drunk last week, and driving today is not the same thing as drinking and driving.

[doconeill]

I am ALL for prosecuting people that drive while high or drunk, throw the book at them, but getting drunk last week, and driving today is not the same thing as drinking and driving.

But that is what the driver CLAIMS, not what the evidence suggests, and it would seem that there is sufficient evidence to do further testing (which they CAN do), but the prosecutor in the case is choosing not to for unknown reasons.

[jcb]

of COURSE you would be sick over it. its a HORRIBLE Thing. anyone would be sick if they were involved in this. I read the article, i saw what it said. the way he was acting after the accident doesnt PROVE anything though. there have been SOBER people that fail the curbside police sobriety tests, they are just a very basic prelimanary test to see if they need to go further with blood and alcohol testing. the only way to prove if he was affected by the drugs is with more testing than they are currently providing.

just based on statistics, MANY of you on here either have smoked pot, or know someone who does. Heck , in CA and quite a few other states, it is given to you legally for medical reasons. If you smoked pot a week ago, you are NOT still high today, it has zero affect on how you drive. yet if they test you for it, it is still right there in your system. I dont know if that is what happened in this case, i have no idea, nor do you. The only way to determine that is for them to change they way the test for it. This is still a horrible situation either way, the BEST thing for them to do would be to test this guys blood sample and see what levels are in it, and THEN throw the book at him if he was shown to have been impared while driving.

I am ALL for prosecuting people that drive while high or drunk, throw the book at them, but getting drunk last week, and driving today is not the same thing as drinking and driving.

While I'm sure you don't mean it the way it sounds, attempting to explain what might have happened is quite beside the point and borders on the insensitive, given the forum and the fact that a person died and his son has to read this.

This isn't a case of drinking last week and driving today. Drugs were found in the center console and the trunk. Mr. Klose died three feet from the bike lane after crossing four lanes of traffic and a median. The officers noted an impairment in talking to him.

I read the Florida DUI statute and the court decision the prosecutor cited in deciding not to press charges. None of the above facts were present.

Maybe a jury might not convict. But to not even try (based on what I know) makes me sick.

Please, anyone in this situation deserves support, not argument.

[ratherbeatdisney]

But that is what the driver CLAIMS, not what the evidence suggests, and it would seem that there is sufficient evidence to do further testing (which they CAN do), but the prosecutor in the case is choosing not to for unknown reasons.

talking slowly and acting calm does not Guarantee that he was impaired. a comprehensive drug test does, so i am agreeing with you , they need to do more testing. No one can predict 100% how someone will act after an accident. not everyone is the same.

believe me, i would love to see this guy go down hard if he is guilty, but i want him convicted the RIGHT way, with actual proof, not an opinion. There is more than enough evidence in this case to begin a full test, it is a shame they are not doing that.

[k5jmh]

Kevin, that's awful and completely outrageous. I can speak for Mike when I say that we will both be writing letters. If anone finds an e-mail address, please share.


What my DW said!:thumbsup2

We are thinking about you guys!
:grouphug:

[DisneyKevin]

of COURSE you would be sick over it. its a HORRIBLE Thing. anyone would be sick if they were involved in this. I read the article, i saw what it said. the way he was acting after the accident doesnt PROVE anything though. there have been SOBER people that fail the curbside police sobriety tests, they are just a very basic prelimanary test to see if they need to go further with blood and alcohol testing. the only way to prove if he was affected by the drugs is with more testing than they are currently providing.

just based on statistics, MANY of you on here either have smoked pot, or know someone who does. Heck , in CA and quite a few other states, it is given to you legally for medical reasons. If you smoked pot a week ago, you are NOT still high today, it has zero affect on how you drive. yet if they test you for it, it is still right there in your system. I dont know if that is what happened in this case, i have no idea, nor do you. The only way to determine that is for them to change they way the test for it. This is still a horrible situation either way, the BEST thing for them to do would be to test this guys blood sample and see what levels are in it, and THEN throw the book at him if he was shown to have been impared while driving.

I am ALL for prosecuting people that drive while high or drunk, throw the book at them, but getting drunk last week, and driving today is not the same thing as drinking and driving.

I understand everything you are saying and agree with you.

This man has a history of drug arrests and has never been punished, as the judges felt he shouldnt have to admit to being a felon.

There is a test available to show whether he was impaired and the State Attorney has decided not to do the test. My Dad's life was weighed against an $800 test.

This was not a case of someone jumping off a curb or not looking where he was going.

An attorney has told us that my Dad had "legal control of the road" as a pedestrian. Ne had navigated 4 lanes and a median.

David Lanier has over 20 arrests. I've only mentioned the drug arrests.

Knowing that he has a history of drug abuse and arrests, knowing that he had drug paraphernalia in his automobile, knowing that trained police officers suspected that he was under the influence, knowing that my Dad wasnt in the middle of the road and this person had ample time to spot him and stop should tell you along with everyone else, including the State Attorney, that this man should have been tested and should not be driving.

You can play devil's advocate all you like, but everything I know and believe tells me this man is guilty and should be punished in some way.

Instead, he has been let go with not a single penalty.

I hope you are this understanding should a person suspected of being impaired kill someone you love (god forbid). I hope you are rational enough to question when he used an illegal substance.

[Iggipolka]

I work in a drug rehab facility and reading this just makes me want to scream!! I am so mad that they are letting this guy off the hook. This is soooo extremely wrong. I'm so sorry Kevin. I will be writing to express my outrage.

[katscradle]

Kevin I am so sorry, my heart, love, and prayers go out to you and your family. I read both articles posted by you and Pete twice, and I just cannot believe they are letting this guy go.
I knew how you father died, but not why!
This has just componded the sadness I feel for your family and you.

I do plan to write a personal letter to express my disgust with the justice system and how they have handled this case.
I am hoping that if there is a big enough outcry, that this will change how they decide to handle this case.
I am thinking I will also forward a copy of my letter to the Govenor of Flordia.

Again I am so sorry! :sad1::sad1::hug::hug: :grouphug: :grouphug: :grouphug:

[disneyfav4ever]

That is totally insane, I can't believe they dropped charges. What is the world coming to? :sad2:

[eeyorethegreat]

I don't really understand the legal system and how it all works. I get the basics but not the ins and outs of it. What I don't understand is- ok so they drop the DUI charges as they related to Mr Klose's death but why was he not instead charged with manslaughter and drug possession as two separate charges. Given that He has had charges dropped before, I like someone else mentioned, have to wonder if he knows someone in the system or otherwise has some sort of pull to be able to not be held accountable for these charges that never get prosecuted.

[PeterPan09]

Hi Folks,

I'm posting the link to the article about my Dad's death because I think what the state of Florida is doing is an outrage.

http://www.orlandosentinel.com/news/crime/os-fatal-cocaine-pedestrian-crash-stcloud20100129,0,641621.story

The DUI manslaughter charges against the man that hit and killed my Dad have been DROPPED.

The article explains why.

I apologize that this is not the most pleasant article to read....but I feel like I have to let people know.

There is a place to comment, so if you feel the need, please do so.

This whole thing is having a devastating effect on my family.

Kevin, I'm so sorry. :hug: The loss of your Dad is bad enough, but what this state is doing to your family is criminal.

[DaParkers]

Hi Folks,

I'm posting the link to the article about my Dad's death because I think what the state of Florida is doing is an outrage.

http://www.orlandosentinel.com/news/crime/os-fatal-cocaine-pedestrian-crash-stcloud20100129,0,641621.story

The DUI manslaughter charges against the man that hit and killed my Dad have been DROPPED.

The article explains why.

I apologize that this is not the most pleasant article to read....but I feel like I have to let people know.

There is a place to comment, so if you feel the need, please do so.

This whole thing is having a devastating effect on my family.

I'm sorry to see that Florida isn't willing to exhaust every effort into making sure justice is served. I lost my stepfather last July to illness and I still live with the pain of having a family member die (my uncle was murdered in a bar) at the hands of someone drunk. I still have feelings of anger and even revenge. Thankfully, they are just feelings and I deal with them. I have no real advice for you except to tell you that you have my prayers and support along with many Disers. Just know that God will punish this man even if he doesn't spend one day in jail.

[PeterPan09]

My feeling is not only about the tragedy that Kevin's family has suffered-but this clown is still out there and the entire community is at risk! This guy is an admitted drug user and there's no way on God's earth that he's going to change without punishment for what he's done. Not only that, but there are plenty of others like him that are going to learn that there are no consequences for such actions.

When does the victim's family and the community become more important than the felon???

[MerriePoppins]

Kevin
I am so sorry to hear this news. You and your family are in my thoughts and prayers. :hug:

[timandlesley]

I'm so sorry to hear this unreal news that he was allowed to walk away from this charge. :mad:

We will continue to pray for your family at this time and hope you can get peace and direction through all of this. :hug:

Tim

[klam_chowder]

Your family is in our thoughts. :grouphug:

cheers,
:flower3:

[Madi100]

I'm so sorry to hear this, Kevin. From a comment I read, it says that your father was in the bicycle lane. Cars aren't allowed in the bicycle lane. So, no matter if he was under the influence of any drugs or not, he was driving in an area not allowed by cars. Does that not matter or did I read that wrong?

[lugnut33]

Normally I would say something like, "Oh, they are letting him go so he can do something even worse". Honestly though, what can he do that is worse. I suppose it will take him running over a group of kids or killing an entire family before he is finally responsible for his actions.

Very sad that his occured.

Try to stay positive Kevin.

[jeanigor]

Kevin, I would like to pass along my compassion and love to you and your family. I wrote a letter over the weekend and placed it in the mail this morning.

This man has a history of drug arrests and has never been punished, as the judges felt he shouldnt have to admit to being a felon.

If it walks like a duck, quacks like a duck, has down feathers like a duck, the justices in the area think its a bunny rabbit? If he didn't want to be labeled a felon, then perhaps he shouldn't be partaking in activities that are illegal.

[Plutes]

Wow...just...WOW...I have no words.

Kevin, I wish you and your family the love and strength to get through this. :grouphug:

Outrage isn't the word. There IS no word for this.

[rockydek]

I am so sorry.

This is outrageous.

[Stacy's a freak]

Oh Kevin, I can't even believe this! If nothing else, I hope the public outrage will change some things. :grouphug:

[blairbear]

I'm am sorry to hear that Kevin. I think it is really awful. You and your family will defintly be in my thoughts and prayers. :grouphug:

[Cherinva]

This is an outrage. Kevin, I do know how you feel. My grand father was killed by a drunk driver while crossing the street in front of his house. The driver got off with a slap on the hand. My thoughts and prayers go out to you and your family, as I know this news breaks you heart.

[esddk]

I am so sorry Kevin. I can't not imagine dealing with this miscarriage of justice on top of losing your dad. My prayers are with you and your family as you try to cope.

[parrotheadlois]

Kevin,

I'm not a lawyer and I definitely don't know the laws in Florida, but here's just one case where the family filed a civil suit - and prevailed.

No the facts are not the same, but I just wanted to see if a civil suit might give you what you're looking for - justice for your Dad.

Perhaps any of the attorneys onboard here can give their unofficial opinion on pursuing such a suit.

http://www.tampabay.com/news/courts/civil/hernando-jury-returns-330-million-verdict-for-family-of-dead-teen/1040615

[chickie]

Kevin, I wish I had some magic words to make everything okay with your family and to tell the people in the Florida justice system how terribly wrong they are. It just doesn't make any sense. My prayers are definitely with you and your family.:hug:

[catycatcat4]

I am doing this drug and Acholol awarness class required by the state off florida that guy is getting away with the same thing the class required for a perment is saying not to do.

Thats messed up.

[EDuke98080]

I am so sad for you and your family. May the support of this community bring you and your loved ones some peace.

[aspen37]

I am so sorry Kevin! This is disgusting! I don't understand how these people can sleep at night? I left a comment in the Orlando Sentinel too.

My thoughts and prayers are with you and your family.

[kaligal]

Kevin, I wish there were some words I could string together to take your sorrow and replace it with peace, but if they exist I sure couldn't think of them.

It's so hard to lose a parent and I can't imagine the anger and frustration when there is someone at whom you can point a finger and say, "You did this." And then to lose the opportunity...

I'm really and truly sorry. I hope you are able to get some peace some day.

:hug:

[minie_meese]

I don't get a chance to get on the boards too often these days but I saw this post and read though it and the referenced articles. My heart aches for you and your family. Thank you for sharing this. I hope that as a result of the outpouring of sentiments you can help get laws changed so people like this are gotten off the roads.

A number of years ago things like this seemed to happen with alcohol abuse pretty often. At that time I had 2 family members with drinking problem who htought nothing of getting in a car while under the influence. They were each arrested for drunken driving and given back their licensez with a slap on the wrist a number of times. Yes alcoholism and drug addiction are diseases but that does not give them any excuse to be on the roads. I was glad when the laws were changed and one of my family members ended up in jail and the other lost their driving license for a long time. It made the roads safer but it also had the effect of helping them each clean up. Changing the lasws certainly won't force people to clean up but it can get them off the roads

The same thing needs to happen with drugs and in every state. People need to be held accountable for their actions and no family should have to suffer what yous has gone though.

[MatthewT212]

Kevin, I'm VERY sorry for your loss and now your family has to go through this.

This article enraged me. Although I live in NYC I will do or sign whatever is need to get this man prosecuted. Not only for the Close family but for anyone else that happens to cross the street and get hit by someone that IS under the influence.:mad::mad:

[parrotheadlois]

Kevin - how is your Mom doing?

[SamIAm21]

Kevin, I'm so sorry your family is being subjected to such an injustice on top of the grief of losing your loved one. It truly is an outrage and I hope our voices are heard!

[sunshine girl]

This is awful. I'm so sorry.

[LisaB08]

Kevin, you don't know me but I was aghast when I read the article about your Dad's death. I cannot phathom what you and your mother are going through right now. I feel such outrage and disbelief that our judicial system is that flawed. The day that you can't convict someone for DUI or I think "Vehicular Manslaughter" when he is visibly impaired from the cocaine, marijuana and syringes they found in his car is the day we need to scrap the current system and start over. I would pursue something in Civil Court and run a campaign against the current State Attorney in the upcoming election......Your Dad needs justice!!!!!!!! My deepest Sympathy.

Lisa B.

[solar]

Kevin, I'm so sorry to hear this.

[DSNY4ever]

Kevin, so sorry to hear this. So sad to see another flaw in the justice system, I'll be keeping your family in my prayers.

[sunraydb]

I've been lurked on the boards for a couple of years, and a regular listener to the podcast.

I felt your pain and understand your families frustration, six years ago my brother was killed by a drunk driver on his way to work.

Charges were later dropped by our crown prosecution service (UK) and the killer got off.

I'm thinking of you and your family at this sad time.

[Mitch8437]

Kevin I am so sorry, I cannot believe how sick that story made me feel. I do not know what is going on in St. Cloud's Justice department, but it is most definitely NOT JUSTICE:mad::mad:! My thoughts go out to you and your family.:littleangel:

[zendisney]

I just want to express to you and your family that I am sorry... this is so unreal how the system ruled in this tragic case. May the Lord bless you and your family.
I will remember you, John, and your family in my prayers.
Carla

[3DisneyKids]

Outrage doesn't even to begin to describe this. This is truly a crime against humanity. We hear that phrase often, and sometimes as sarcasm, but in this case it is accurate.

What stuns me is the very first sentence. They refer to the driver as a "drug abuser." Ok, so clearly this is a KNOWN issue for this person. And yet the charges get dropped?!?!

I have read the posts about writing letters, etc. But do you have any legal recourse here? Is there any type of appeals process?

This is just so fundamentally wrong.

[__disneygirl]

Kevin, I can not imagine the pain you are going through. I am one more person here praying for you. This is an outrage and I think you are handling it much better than I would. You have incredible strength. We all love you and are on your side 100%.

[sjsjbrook]

Wow, what you have to deal with Kevin. I am sending my prayers and pixie dust to you and your family.

I wish for a world when the justice system relizes that cars are weapons. I don't know how many people get off from injuring or killing people while driving.

I think we should not only send letters to Robert Eagan, but should CC his boss and his boss's boss. We hopefully could help save another family from suffering this kind of tragedy.

[fakereadhed]

I think we should not only send letters to Robert Eagan, but should CC his boss and his boss's boss. We hopefully could help save another family from suffering this kind of tragedy.

From a practical point of view, unless you are in the same voting district, letters will have little impact in this issue. For that matter, Eagan's boss is not up for re-election now and won't have anything at stake right now. That's why I suggested going to the national media, but I would leave that up to the Klose family. Bad press for FL in the media would get his boss's boss attention.

Nobody should get away with what he did.

[belle41379]

Kevin,

You and your family will be in my prayers. I can't imagine how you are getting "normal" things done with the pain and frustration you must be feeling. I imagine you are spending a lot of energy supporting and comforting your mom. Know that we are thinking of you and your family as you process and decide what (if anything) you might do. I will pray for peace, comfort, and patience as you and your family walk through this difficult time.

Cynthia

[ratherbeatdisney]

I understand everything you are saying and agree with you.

This man has a history of drug arrests and has never been punished, as the judges felt he shouldnt have to admit to being a felon.

There is a test available to show whether he was impaired and the State Attorney has decided not to do the test. My Dad's life was weighed against an $800 test.

This was not a case of someone jumping off a curb or not looking where he was going.

An attorney has told us that my Dad had "legal control of the road" as a pedestrian. Ne had navigated 4 lanes and a median.

David Lanier has over 20 arrests. I've only mentioned the drug arrests.

Knowing that he has a history of drug abuse and arrests, knowing that he had drug paraphernalia in his automobile, knowing that trained police officers suspected that he was under the influence, knowing that my Dad wasnt in the middle of the road and this person had ample time to spot him and stop should tell you along with everyone else, including the State Attorney, that this man should have been tested and should not be driving.

You can play devil's advocate all you like, but everything I know and believe tells me this man is guilty and should be punished in some way.

Instead, he has been let go with not a single penalty.

I hope you are this understanding should a person suspected of being impaired kill someone you love (god forbid). I hope you are rational enough to question when he used an illegal substance.

I understand your pain and frustration, and i apologize if I offended you at all. I have actually been on both sides of this situation in my life. I believe in punishing people for breaking the law, but i want them to be 100% in their conviction, i still believe people are innocent until Proven guilty. If they have the tools , the Govt. needs to use them whatever the cost.

I have a family member that was killed by a drunk driver in Chicago back in 93. It changed our lives forever, yet the person who killed her was only in prison for about 5 years. It was actually in a situation very similar to yours, but there were 2 people hit by the car, one lived, one didnt, the driver of course was injury free.

In 2001 i was in glamis , its a huge desert filled with sand dunes that thousands of people go to ride dirt bikes and dune buggies and the like. I was riding with my roommate in his truck and we got stopped by the cops on the way in, while searching for the people we were meeting. LOTS of people drink and drive out there, and it is a huge problem and i understand they need to patrol and watch for it. We weren't drinking AT ALL that day. my roommate was taken out and questioned and asked the usual battery of questions. They searched our car, we had nothing to hide. So we thought. Nick had a pill bottle in his luggage with percocet in it, he had had a tooth pulled earlier that week, it was prescribed to him. It comes with a warning about driving while taking them. He had NOT taken any that day, the last time he took any was the day before we left for the trip. do you think the cop believed him? NOPE. They decided that he was a young punk kid that had to be lying so Nick got arrested and taken to the jail which was like an hour away. they tested his Urine and sure enough, it showed an Opiate in his system. DUH !! this is common knowledge, it stays in your system LONG after the effects of the drug stop working. They didnt care that he was missing a tooth that was still all bloody and gross, they didnt care that he had a legal prescription for that drug, they didnt care that he told them he hadnt taken any that day. They only cared that his urine showed there was some form of opiate in his system. Did the cops let me keep the keys to his truck so i could drive it for him? nope. they towed his truck and told me to take a hike and find my other friends. We went to have a good weekend and to have some fun riding dirt bikes and the weekend was over before it even started.

THANK GOD he was able to get a judge that could reason and would actually listen, he was able to get the charges dropped , but that was months later, it didnt recover our weekend, the bail money, the tow truck and all the rest.

I know these 2 cases dont exactly correlate, but if they would just freaking test people for how MUCH is in their system and establish a time when they last took it, BOTH of us would be better off.

my roommate did NOTHING wrong, but the cops didnt care. it sounds like your guy may have dont a LOT wrong, but they dont seem to care to test him properly. Thats all i am saying. They have the ability to test for these things and they dont , either because they are cheap, or they just dont care about justice, i dont know, but it aggravates me either way.

this reminds me of another situation i had, my car was broken into about a year ago, they broke the drivers side window and while reaching in to unlock the door, the thief cut his arm and bled all over the drivers seat, not a huge amount of blood, but must have been a decent cut. They stole all the things inside my car, but couldnt get the radio out. I figure, this is great though, they can test the blood and see if its either a repeat offender, or they can put it in their system and see if a match comes up in the future. Do the cops do that? Nope. they would come out and Fingerprint they said, but they wont take blood samples unless there has been a murder or a violent crime. Another case of the government being to cheap to test things properly. It just gets old....

And i am VERY sorry Kevin for your loss and for the way my post sounded, i dont mean to discount the huge tragedy that this is. I would be just as angry as you are, i didnt mean to sound argumentative with you or others, i am very sorry.

[crazy4stitch]

quote from article "Cocaine in one's system does not constitute impairment."
-- you have to be kidding me!! That has to be the most asinine thing I have ever heard, this is a classic example of what is wrong with our justice system. Kevin, I am so sorry, you and your family have to relive that horrible day because of this and that is such a tragedy.

[crazy4stitch]

Is there anything someone from another state can do? Would a letter from someone in Missouri do any good?

[Boston Kid]

Kevin I am so sorry. This sounds like their is someone in the DA's Office that is trying to put in the fix for this person. There should be someone looking into the DA's office:mad:

[Carolinagal]

Oh Kevin,

I have been off the boards for a bit and just found this thread again.

I am heartsick at the thought that your family continues to be victimized not only by the man who so callously took your dad from you, but also by the public officials charged with protecting you. The excuses that were made defy logic and reason. I so hate the idea that anyone would suggest that your dad was at fault, or that his life at 77 would be less valuable than someone younger.

I will continue my prayers for you and your family that you can find peace with this horrible situation. I pray that these officials are guided to make decisions that are based on public safety instead of budget dollars and I pray that the drug-addicting felon will somehow avoid hurting anyone else.

All the best, Lynne

[adsrtw]

I am so sorry that this is happening. It is so frustrating! I can't imagine why the charges were dropped and it sounds like he is a career criminal. I hope the office is flooded with mail.

[YellowMickeyPonchos]

Kevin,
Words cannot express what we feel for you. Please give our thoughts and support to your family. You will make the right decisions on your next steps.

I do believe Sondra is right about alerting the national media outlets to get more effective responses. If a corrupt attorney is in position, then there is a great possibility he is there because someone higher than him is protecting him. Using the national media is the only thing that might pressure the office to reconsider its stance.

Best hopes for success in the next measures you choose and prayers that your hearts will heal.

[columnwest]

If it were me, I think I'd also try meeting with state or local congressmen. Not to sound cynical, but if the system was gaming me, I'd game it back. I'd look for a law-and-order, tough-on-drugs type who's up for re-election, and go "Willie Horton" on this guy. Make it "exhibit A" in the war on drugs, and get the "Richard Klose Memorial Act" passed to make it impossible for people high on any illegal controlled substance to get away with this (ie: making the $800 test manditory if drug paraphenalia is found). It would be a lot of work to get it done, and it would mean putting your family and the tragedy out in the spotlight (and, I could totally understand why you *wouldn't* choose to do that), but it's an option anyway.

In the meantime, (again, if it were me) I'd definitely get a lawyer and file a "wrongful death" suit and (even though it sounds like this guy doesn't have much money) sue him into oblivion with a judgment that attaches his wages for the rest of his life. Won't get anybody in jail, but at least he can be taught a lesson.

[mommyceratops]

I sent my letter today to show support and out rage of this whole situation.

((hugs)) to your family.

[AnninIowa]

:grouphug: to you and your family, Kevin!

[jacstangler]

Kevin:

this is unbelievable. I am so sorry for your family. I am just so stunned.

John & Christy

[Cdn Gal]

I am sorry for your loss. I will pray for you and your family tonight. All the best, Joanne

[bcvdreamer]

Kevin, I'm so sorry that you and your family are going through this difficult situation. You all will be in my prayers. I don't know what else to say. :grouphug:

[Petraman]

Kevin,
You and your family have our deepest condolences. It is hard enough to come to grips with the chair that sits empty at Christmas dinner, but then to have to wrestle with the incompetence on top of it can be overwhelming. When I was 14, my father died from mysterious causes. It wasn't until after he was buried, we found out his doctor had misdiagnosed him.... the hard part is that no matter what you do next won't bring him back. Yet, you don't want this to happen to someone else at the hands of this person either.

I know how difficult this can be... our prayers are with you.