Article about my Dad's death in the Orlando Sentinel

[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! My thoughts go out to you and your family.

 

[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

 

[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]

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