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The Crime Scene

Punishment doesn't fit the crime?

Some readers have contacted the News & Record and asked why Grayson Dawson was charged with a misdemeanor death by motor vehicle in the fatal hit-and-run on Oct. 24.

Let's see what the law says. Specifically, N.C. General Statute 20, Article 141.

Both a felony and mismedemeanor death by motor vehicle require that the person unintentionally causes the death of another person.

Here's the difference between the two.

In a felony death by motor vehicle, the driver is "engaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2 and commission of that offense is the proximate cause of the death."

In a misdemeanor charge, the driver is "engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20‑138.1, and commission of that violation is the proximate cause of the death."

This might bring some clarity to the charges. We will all know more about the case after Dawson's court appearance slated for Dec. 2.

Dawson was released on a $5,000 unsecured bond Monday. She will have to pay the full amount only if she fails to appear in court.

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Posted by Dioni L. Wise on Tuesday, November 3, 2009 at 10:50 pm

What do you think?

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smgager

November 4, 2009 - 11:03 am EST

Involuntary manslaughter generally occurs in only two cases. The first is when someone is killed due to criminal negligence. That is, they are killed accidentally when someone else behaves negligently. If a person who is committing the crime of reckless driving or driving under the influence of alcohol kills someone in an accident, this would be criminal negligence.

The second form of involuntary manslaughter is when someone is killed during the commission of another crime, where the intent was not to cause bodily injury or death. This is often called misdemeanor manslaughter. So if someone steals a small object and someone else falls down a flight of stairs trying to chase him, that might be misdemeanor manslaughter, even though the death was an accident and not intended by the thief. The death would not have happened if the thief had not committed the crime. If 2 people grab someone and tie him up to get even for something and he dies of a heart attack, that might also be involuntary manslaughter.

She should have been charged with felony involuntary manslaughter as the death occured durring the commision of a crime, driving with a suspended license. At the very least she should be charged with driving with a suspended license along with the other charges.

NancyK

November 4, 2009 - 8:20 pm EST

My concern is that the bond, set at an amount less than the funeral expenses of her victim, is too lenient. Unsecured bonds mean that the courts trust her to appear in court and answer to the judicial system. Since she already has cases pending for driving offenses, and was driving on that horrible day, how can she be trusted to appear in court?
Mrs. Dawson needs to admit she has a drinking/driving problem and seek immediate treatment. Maybe at Raleigh Central? IF she appears on her court date, and IF she doesn't go home with just another slap on the wrist!!