Taconic van accident---

[JessicaR]

http://www.newsday.com/long-island/...ct-of-suffolk-cps-probe-sources-say-1.1355949

Daniel Schuler subject of Suffolk CPS probe

Suffolk County Child Protective Services has opened a formal investigation to learn how much Daniel Schuler knew about his wife's drinking and marijuana use the day of the Taconic Parkway crash that killed eight people, three sources with knowledge of the probe said.

The probe will focus on whether her husband had prior knowledge of substance abuse problems and whether he knew she would drive drunk and get high that day, the sources said. They will also want to know whether the health and safety of Schuler's surviving son, Bryan, 5, would be jeopardized.

The probe could result in Schuler losing custody of Bryan, but that would only happen if it could be shown that Schuler knew his wife was going to drink with the children in the car and did nothing to stop her, the sources said.

 

[tinkamom]

I would also question the husband's choice of attorney. The Lawyer has appeared and on the Howard Stern Show, Represented Joey Butafuocco (Long Island Lolitta case). He was also the Lawyer in the Kidney Divorce Case. It sounds like the Husband and Attorney are putting together a defensive case.

I question this too. They live in an ordinary middle class neighborhood, I know it well because I used to live there. Why didn't he hire a "regular" attorney. If he is so positive there was no wrong-doing then why did he hire a high-profile attorney?

Something just doesn't seem right.

 

[Lisa loves Pooh]

I question this too. They live in an ordinary middle class neighborhood, I know it well because I used to live there. Why didn't he hire a "regular" attorney. If he is so positive there was no wrong-doing then why did he hire a high-profile attorney?

Something just doesn't seem right.

Could it have been possible the lawyer called him?

I mean--he is grieving (no matter what my opinions are)--is it likely he associates that attorney with his notoriety?

I am always surprised when "victims" seek counsel so quickly, but he had to have be informed that the bleep was going to hit the fan.

And now with Billy Mays' family issuing a statement that they want an independent autospy for him from the cocaine usage....

I guess it is a normal response. For Billy, they want to restore a good name.

For this mom--I think the husband is doing what he can to make sure he doesn't lose everything and the attorney is for "defense" purposes.

 

[Nik's Mom]

I think this is a case of the family trying to make a saint out of a dead person. It happens all of the time. They are in denial. It's that simple. I heard the father's speech yesterday and he just seemed like he was in such denial. Who cares if she had a stroke or was sick from something else. The bottom line is she was drunk and high and destroyed the lives of several families.

I feel bad for her family because they are going to have to answer for her stupid decision to drive while intoxicated. And, they are dealing with such a tremendous loss on top of that. But, I also understand the anger that is felt by the 3 innocent men that she killed. I don't blame their family for wanted to pursue this matter further.

 

[Disney Doll]

I think this is a case of the family trying to make a saint out of a dead person. It happens all of the time. They are in denial. It's that simple. I heard the father's speech yesterday and he just seemed like he was in such denial. Who cares if she had a stroke or was sick from something else. The bottom line is she was drunk and high and destroyed the lives of several families.

I feel bad for her family because they are going to have to answer for her stupid decision to drive while intoxicated. And, they are dealing with such a tremendous loss on top of that. But, I also understand the anger that is felt by the 3 innocent men that she killed. I don't blame their family for wanted to pursue this matter further.

But to what end? What is pursuing it going to do for them? It won't bring their loved ones back. And perhaps it will destroy what is left of Diane Shuler's family. And where do you stop? How much is enough to "get" for the deaths of your loved ones?? Will their house be enough? Or do we need to go for the car too? Should we have the husband sell his wedding band? How about all their savings??? The kid shouldn't need to go to college...after all, his mother killed 7 people. And how about taking the remaining child away from his father when he has lost his mother? I am not in their shoes and I hope to never be, but if I am, I hope I can see clearly enough through my grief to understand that sometimes bad things happen to good people and not seek vengeance on the people who are not to blame.

 

[Lisa loves Pooh]

But to what end? What is pursuing it going to do for them? It won't bring their loved ones back. And perhaps it will destroy what is left of Diane Shuler's family. And where do you stop? How much is enough to "get" for the deaths of your loved ones?? Will their house be enough? Or do we need to go for the car too? Should we have the husband sell his wedding band? How about all their savings??? The kid shouldn't need to go to college...after all, his mother killed 7 people. And how about taking the remaining child away from his father when he has lost his mother? I am not in their shoes and I hope to never be, but if I am, I hope I can see clearly enough through my grief to understand that sometimes bad things happen to good people and not seek vengeance on the people who are not to blame.

The limit would be the half of their estate that she owned or was entitled to under community property loss in the state of New York.

He won't lose everything. But likely, he may have to sell his home to make good for the "damage" she left behind.

And if it is proven to be a willful act (or otherwise disproven as some act she could not control).

Unless he is deemed responsible by CPS, he won't lose "everything" as "he" would not be accountable for her actions. Now he may be forced to sell his home in order to pay out her portion of damages.

But I don't get the logic that a person is suffering enough. It doesn't recuse his deceased wife's negligence nor her responsibility to take care of it even after death.

 

[Nik's Mom]

But to what end? What is pursuing it going to do for them? It won't bring their loved ones back. And perhaps it will destroy what is left of Diane Shuler's family. And where do you stop? How much is enough to "get" for the deaths of your loved ones?? Will their house be enough? Or do we need to go for the car too? Should we have the husband sell his wedding band? How about all their savings??? The kid shouldn't need to go to college...after all, his mother killed 7 people. And how about taking the remaining child away from his father when he has lost his mother? I am not in their shoes and I hope to never be, but if I am, I hope I can see clearly enough through my grief to understand that sometimes bad things happen to good people and not seek vengeance on the people who are not to blame.

That's the thing about grief. You don't really know how you would react if this were you. I'd like to say that I wouldn't sue or be out for revenge, but I don't know how I would react. DH's brother was killed by a 3rd time convicted drunk driver. We weren't out for blood, but we certainly wanted jail time. Some would say that we were seeking revenge. Not at all, we simply wanted the guy to finally learn his lesson.

I only hope that out of this tragic story, a lesson will be learned.

 

[Conkozan]

My question was and still is:

If they parted at 9:30 am and the accident happened at 1:30pm. There are at least two hours of time not accounted for.

Where was she? What was she doing?

She may well have been fine at 9:30 when the husband left her to drive seperately. In the hours afterward, her actions where beyond his control.

 

[allison443]

The limit would be the half of their estate that she owned or was entitled to under community property loss in the state of New York.

He won't lose everything. But likely, he may have to sell his home to make good for the "damage" she left behind.

And if it is proven to be a willful act (or otherwise disproven as some act she could not control).

Unless he is deemed responsible by CPS, he won't lose "everything" as "he" would not be accountable for her actions. Now he may be forced to sell his home in order to pay out her portion of damages.

But I don't get the logic that a person is suffering enough. It doesn't recuse his deceased wife's negligence nor her responsibility to take care of it even after death.

Here is a sad twist, like this case isn't sad enough already. The van that Diane Schuler was driving was owned by her brother Warren Hance, the father of the three little girls who died. Under New York law, the owner of a vehicle is legally responsible for the negligence of anyone they allow to drive their vehicle. The owner of the vehicle is always sued as a named defendant in any car accident case, even if the owner wasn't present at the time. So this man that lost his three daughters will be facing a lawsuit from the families of the three men in the SUV who were killed. I'm sure he had insurance but sometimes the insurance company disclaims coverage for drunk driving. Also who knows if his policy limits were sufficient in this case.




Also, I read something that all of the kids except the little boy were ejected from the van- because only the little boy was buckled in and he was the only one to survive. Did anyone else see this reported anywhere? If it's true, it is another strike against the picture of this responsible caring mother that the family is portraying.

 

[luvmy3]

That's the thing about grief. You don't really know how you would react if this were you. I'd like to say that I wouldn't sue or be out for revenge, but I don't know how I would react. DH's brother was killed by a 3rd time convicted drunk driver. We weren't out for blood, but we certainly wanted jail time. Some would say that we were seeking revenge. Not at all, we simply wanted the guy to finally learn his lesson.

I only hope that out of this tragic story, a lesson will be learned.

I'm very sorry that your dh lost his brother to a drunk driver and I think its only natural to seek revenge, vengence and justice for the one that did it, when they are still alive. They should be punished for what they did and hopefully learn a lesson from it. But in this case what would getting restitution from the grieving husband do except punish him even further. There is no lesson that he could learn from it, the one who should died in that crash.
I don't fault the other family for doing what they are doing because of their loss, but I don't see how making the husband, and the living child pay even more for that woman's actions does any good for anyone. I can say that I would never go through with a lawsuit, in your dh's case I would in a heartbeat.
This is of course if he is found not to have any knowledge of what she was planning, if it comes out that he did, of course he should have to pay for that.

 

[luvmy3]

Here is a sad twist, like this case isn't sad enough already. The van that Diane Schuler was driving was owned by her brother Warren Hance, the father of the three little girls who died. Under New York law, the owner of a vehicle is legally responsible for the negligence of anyone they allow to drive their vehicle. The owner of the vehicle is always sued as a named defendant in any car accident case, even if the owner wasn't present at the time. So this man that lost his three daughters will be facing a lawsuit from the families of the three men in the SUV who were killed. I'm sure he had insurance but sometimes the insurance company disclaims coverage for drunk driving. Also who knows if his policy limits were sufficient in this case.




Also, I read something that all of the kids except the little boy were ejected from the van- because only the little boy was buckled in and he was the only one to survive. Did anyone else see this reported anywhere? If it's true, it is another strike against the picture of this responsible caring mother that the family is portraying.

OMG that is so awful for that father to have to go through that as well. I wonder about his insurance covering since he wasn't the driver and she probably wasn't named on his policy. Does that make a difference?

As far as the kids not being buckled, since she was drunk and high I'm sure she wasn't paying any attention to those details, I don't think that changes anything about the way her family viewed her. Not buckling the kids in may have been just as much out of character for her as getting drunk/high and driving with them in the car. Again I don't blame the family for trying to defend the woman as they knew her to be.

 

[Starbrite]

My question was and still is:

If they parted at 9:30 am and the accident happened at 1:30pm. There are at least two hours of time not accounted for.

Where was she? What was she doing?

She may well have been fine at 9:30 when the husband left her to drive seperately. In the hours afterward, her actions where beyond his control.

Good Question.


I just learned of this story yesterday so maybe I've missed a few things.....

I heard they found an empty bottle of vodka in the wreckage, was it actually in her car....or was it in the area & could it have been from the other vehicle?

I'm fairly ignorant on the subject, so Please forgive me if this is a stupid question..... If they belive she may have been smoking pot, in the car, with the kids, is there any type of test they could've done on the kids (right away of course) for traces of it....secondhand spoke/exposure? Wouldn't they have traces of it in their lungs?

 

[allison443]

OMG that is so awful for that father to have to go through that as well. I wonder about his insurance covering since he wasn't the driver and she probably wasn't named on his policy. Does that make a difference?

The policy would cover her or anyone who was given express or implied permission by the owner to operate the vehicle, regardless of whether the driver is named on the policy. (It wouldn't cover a thief, for example).

 

[Ronda93]

Her husband knows more than he's saying. Reports of a similar van driving erratically (flashing lights, honking, passing on the shoulder) earlier in the trip make me think she was trying to get somewhere quickly. Later she is driving a straight line the wrong way. There were four contacts made with her cell phone after departing the campground. We've heard about one to the brother. There's the lost time and "no comment" from McDonald's. Wonder what their video will tell?

Her brother knows more than he's saying. His "disoriented and vision trouble" statement is carefully worded. Disoriented? That's a good hindsight term. He began driving and took 20 minutes to contact the police. I've gotten hysterical drunken lost calls. The caller was not disoriented.

Finally the police know more than their saying. Their language has been almost as careful as her her family's.

The simplest explanation is usually right. Something set her off that morning. She got really drunk really fast and killed seven innocent people.

 

[Conkozan]

Good Question.


I just learned of this story yesterday so maybe I've missed a few things.....

I heard they found an empty bottle of vodka in the wreckage, was it actually in her car....or was it in the area & could it have been from the other vehicle?

I'm fairly ignorant on the subject, so Please forgive me if this is a stupid question..... If they belive she may have been smoking pot, in the car, with the kids, is there any type of test they could've done on the kids (right away of course) for traces of it....secondhand spoke/exposure? Wouldn't they have traces of it in their lungs?

Vodka in the car after a camping trip does not surprise me. There could have been hot dog buns and half a bag of chips too.

We often take an adult beverage with us when we camp. (We do not consume it on the way home in the car though) It may have been packed in with what was left after the weekend.

 

[tinkamom]

My question was and still is:

If they parted at 9:30 am and the accident happened at 1:30pm. There are at least two hours of time not accounted for.

Where was she? What was she doing?

She may well have been fine at 9:30 when the husband left her to drive seperately. In the hours afterward, her actions where beyond his control.

From news12.com

Retracing Schuler’s Final Steps
By Christine Insinga

If you’re enough of a news hound to read this blog, then I’m sure you already know where Diane Schuler’s final journey began and ended. With what seems to be a nonstop flow of tragic facts that just keep unfolding with this story, you may NOT be aware of the exact timeline of events as we know them.

That timeline doesn’t quite add up…

It started at the Hunter Lake campground in the Catskills and tragically ended on the Taconic Parkway in Hawthorne, NY. The total trip (according to google Maps) is 104 miles, which should take the average driver roughly 1 hour and 52 minutes. It took Diane 4.

Diane Schuler’s trip goes like this…


9:30am:

She- her son- daughter and 3 young nieces were seen smiling and laughing as they left the Hunter Lake Campground in Parksville.

10:30-10:45:

NY State Police now say the group were seen leaving the McDonald’s on Sullivan Ave. in Liberty. Investigators say the West Babylon woman did NOT appear to be ill or intoxicated.

Then, sometime later, a red Ford Aerostar minivan that police believe to be Schuler’s was seen driving erratically on Route 17 and Interstate 87, straddling 2 lanes of traffic. At the Ramapo Service Station witnesses say she drove over a grass median.

Traveling that route the minivan should have crossed the Tappan Zee bridge around 12, maybe 12:15. But the very earliest she got there was at 1:02. That’s when police say she called her brother, Warren Hanse, and reportedly told him she wasn’t feeling well. Her phone was later found on the Westchester side of the Tappan Zee.

Schuler may have hit traffic, though it’s not likely she hit much upstate on a Sunday morning.

Toxicology reports say Diane Schuler was extremely drunk and high on pot at
the time she called her brother. Did she pull off the side of the road to drink and smoke ? Did she do those disturbing things while she was BEHIND the wheel? Those are questions we may never have answered.

What we do know is that according to police Schuler entered the Taconic at the Pleasantville Road exit ramp, crossed over oncoming traffic, and then traveled south for 1.7miles in the northbound lanes, reportedly oblivious to oncoming traffic. Less than half an hour after the call with her brother, Diane her 2 year old Daughter, 3 nieces, and 3 men from Yonkers were dead.

Just a side note here: As reporters we must build up a bit of a wall to deal with the unpleasantries that often come with the job. This time seems different. As I’ve blogged in the past, we get absolutley NO joy out of knocking on the door of a grieving family. It’s something that must be done from time to time, however. Sometimes folks gladly share their stories of their loved one, knowing it’s just another way to let their spirit live on. MOST times, however, we get the complete opposite reaction from families dealing with tragedy, and I absolutley–100%–get that too. That’s why we need that protective shell.

I’ve spoken to so many journalists about this story. 90% of them say (myself included) nothing really surprises us anymore…until this. For so many reasons and on so many levels this story is nearly impossible for a wide variety of people to wrap their heads around. So many here deserve to find peace.

 

[Conkozan]

From news12.com

Retracing Schuler’s Final Steps
By Christine Insinga

If you’re enough of a news hound to read this blog, then I’m sure you already know where Diane Schuler’s final journey began and ended. With what seems to be a nonstop flow of tragic facts that just keep unfolding with this story, you may NOT be aware of the exact timeline of events as we know them.

That timeline doesn’t quite add up…

It started at the Hunter Lake campground in the Catskills and tragically ended on the Taconic Parkway in Hawthorne, NY. The total trip (according to google Maps) is 104 miles, which should take the average driver roughly 1 hour and 52 minutes. It took Diane 4.

Diane Schuler’s trip goes like this…


9:30am:

She- her son- daughter and 3 young nieces were seen smiling and laughing as they left the Hunter Lake Campground in Parksville.

10:30-10:45:

NY State Police now say the group were seen leaving the McDonald’s on Sullivan Ave. in Liberty. Investigators say the West Babylon woman did NOT appear to be ill or intoxicated.

Then, sometime later, a red Ford Aerostar minivan that police believe to be Schuler’s was seen driving erratically on Route 17 and Interstate 87, straddling 2 lanes of traffic. At the Ramapo Service Station witnesses say she drove over a grass median.

Traveling that route the minivan should have crossed the Tappan Zee bridge around 12, maybe 12:15. But the very earliest she got there was at 1:02. That’s when police say she called her brother, Warren Hanse, and reportedly told him she wasn’t feeling well. Her phone was later found on the Westchester side of the Tappan Zee.

Schuler may have hit traffic, though it’s not likely she hit much upstate on a Sunday morning.

Toxicology reports say Diane Schuler was extremely drunk and high on pot at
the time she called her brother. Did she pull off the side of the road to drink and smoke ? Did she do those disturbing things while she was BEHIND the wheel? Those are questions we may never have answered.

What we do know is that according to police Schuler entered the Taconic at the Pleasantville Road exit ramp, crossed over oncoming traffic, and then traveled south for 1.7miles in the northbound lanes, reportedly oblivious to oncoming traffic. Less than half an hour after the call with her brother, Diane her 2 year old Daughter, 3 nieces, and 3 men from Yonkers were dead.

Just a side note here: As reporters we must build up a bit of a wall to deal with the unpleasantries that often come with the job. This time seems different. As I’ve blogged in the past, we get absolutley NO joy out of knocking on the door of a grieving family. It’s something that must be done from time to time, however. Sometimes folks gladly share their stories of their loved one, knowing it’s just another way to let their spirit live on. MOST times, however, we get the complete opposite reaction from families dealing with tragedy, and I absolutley–100%–get that too. That’s why we need that protective shell.

I’ve spoken to so many journalists about this story. 90% of them say (myself included) nothing really surprises us anymore…until this. For so many reasons and on so many levels this story is nearly impossible for a wide variety of people to wrap their heads around. So many here deserve to find peace.

Just Mapquested
Parksville to Liberty -
Total Travel Estimates:
Time: 6 minutes Distance: 4.20 miles

So did she go directly to McD's? and stay there for an hour?

Ramapo is about an hour from Liberty

If she was driving like a bat out of Hades as described, she should have hit the TZ bridge easily by noon.

 

[JessicaR]

Here is a sad twist, like this case isn't sad enough already. The van that Diane Schuler was driving was owned by her brother Warren Hance, the father of the three little girls who died. Under New York law, the owner of a vehicle is legally responsible for the negligence of anyone they allow to drive their vehicle. The owner of the vehicle is always sued as a named defendant in any car accident case, even if the owner wasn't present at the time. So this man that lost his three daughters will be facing a lawsuit from the families of the three men in the SUV who were killed. I'm sure he had insurance but sometimes the insurance company disclaims coverage for drunk driving. Also who knows if his policy limits were sufficient in this case.




Also, I read something that all of the kids except the little boy were ejected from the van- because only the little boy was buckled in and he was the only one to survive. Did anyone else see this reported anywhere? If it's true, it is another strike against the picture of this responsible caring mother that the family is portraying.

All five children in the minivan had been properly buckled in seat belts or safety seats, Investigator Shannon Morrison said.

http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20090728/NEWS01/907280321

I thought it wasn't disclosed who the owner of the vehicle was just that her brother held the registration. Regardless a civil suit can be brought against him since he would be the insured. I think the *******i family will bring suit against all parties involved.

ETA - I just read an article that said her brother did own the vehicle.

 

[JessicaR]

There's the lost time and "no comment" from McDonald's. Wonder what their video will tell?
.

It was reported today.
Police say interviews with people at the McDonald's found no evidence the woman was ill or impaired.
I was hoping more info would be found after the McDonalds interviews too.

http://www.google.com/hostednews/ap/article/ALeqM5jAJAp341-paJmsICuZzSIf5lmV6wD99UB31G0

 

[JessicaR]

Vodka in the car after a camping trip does not surprise me. There could have been hot dog buns and half a bag of chips too.

We often take an adult beverage with us when we camp. (We do not consume it on the way home in the car though) It may have been packed in with what was left after the weekend.

The husband said yesterday that they had a bottle of vodka that they brought with them each weekend and that it lasted the whole season. He wasn't sure if that was the same bottle found at the crash site. He said he could have packed it in the car but doesn't remember.

Also of interest it was originally reported that the bottle was found in the van when in fact it was not. It wasn't found until a few days later and it was not in the van but near the wreckage. Of course this is a point being made by the husbands lawyer.