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Another Iowa Bicyclist Killed -- Hit and Run
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Davey Sprocket



Joined: 22 Jan 2008
Posts: 794
Location: Iowa

PostPosted: Mon Sep 14, 2009 10:29 am    Post subject: Reply with quote

Well I would like to say that at least people who do wrong still feel a sense of guilt and I wonder if a younger driver would have ever done the same thing. That said, before I applaud his "come clean" action, I would bet that he only did it because his attorney advised him to do so because it would make easier on him.

Link:
http://www.bikeiowa.com/asp/hotnews/newsdisplay.asp?NewsID=4110

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Davey Sprocket



Joined: 22 Jan 2008
Posts: 794
Location: Iowa

PostPosted: Mon Sep 14, 2009 10:30 am    Post subject: Reply with quote

Here is the KCCI link to the story.

Link:
http://www.kcci.com/news/20902464/detail.html

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Zinger



Joined: 16 Aug 2006
Posts: 63

PostPosted: Mon Sep 14, 2009 10:56 am    Post subject: Reply with quote

I just looked at this story again. Can anyone tell me why one of the charges isn't vehicular manslaughter or some such thing? Seven years in jail for killing someone doesn't seem like much. I'm torn between feeling sorry for the old guy and hoping somehow justice gets served. It's a lose-lose situation.
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Davey Sprocket



Joined: 22 Jan 2008
Posts: 794
Location: Iowa

PostPosted: Mon Sep 14, 2009 11:05 am    Post subject: Reply with quote

I would think that the charges listed have a low threshold of evidence and are easy to prove. As he is interviewed by police and his confession is reviewed, I would anticipate additional charges. Unfortunatley, he will plead and then the charges are reduced. You have to love our legal system sometimes.

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jelly0317



Joined: 15 Dec 2006
Posts: 94

PostPosted: Mon Sep 14, 2009 11:29 am    Post subject: Reply with quote

The Class "B" Felony (25 years) charge of Homicide by Vehicle requires proof that a person was driving while intoxicated. The Class "C" Felony (10 years) level of the same offense requires proof of either reckless driving or eluding. The Class "D" Felony (5 years) level requires proof of participation in drag racing. Given the lack of witnesses, it is highly doubtful that the State could prove any of those charges. Unless Mr. McKinney admitted to police that he was driving at the time of the accident, the charge of Leaving the Scene of an Accident might be difficult to prove, as well.

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"Bicycle Bill"



Joined: 23 Aug 2006
Posts: 787
Location: Onalaska (suburb of La Crosse), WI

PostPosted: Mon Sep 14, 2009 11:35 am    Post subject: Reply with quote

My BS meter is pegged. Look at this truck.

Is that the sort of vehicle you would expect a 80-year man to be driving?

I'm thinking there's a little more to this story. Perhaps he's taking the rap for someone else, and hoping to use his age and cop a sympathy plea.

Perhaps I'm being too cynical too, but I can deal with that.

-"BB"-
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Davey Sprocket



Joined: 22 Jan 2008
Posts: 794
Location: Iowa

PostPosted: Mon Sep 14, 2009 11:35 am    Post subject: Reply with quote

Does anybody else think that the truck that was displayed and the guy who turned himself in don't match? The truck was a sporty 4x4 with a light rack on top with all kinds of youthful decals and the guy was 80 years old and looked very reserved. It makes me wonder if he might not be covering for a son/daughter or grandson/granddaughter.

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Ken



Joined: 10 Aug 2006
Posts: 714

PostPosted: Mon Sep 14, 2009 1:19 pm    Post subject: Reply with quote

Davey Sprocket wrote:
Does anybody else think that the truck that was displayed and the guy who turned himself in don't match? The truck was a sporty 4x4 with a light rack on top with all kinds of youthful decals and the guy was 80 years old and looked very reserved. It makes me wonder if he might not be covering for a son/daughter or grandson/granddaughter.



"Somebody has to take the fall for doped-up junior, and Grandad, today is your turn. Just tell them you were driving the truck, they'll believe you. And don't worry, they'll only rap you on the knuckles anyway 'cos you're so old."

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jwsknk



Joined: 10 Aug 2006
Posts: 1378
Location: Ames, Iowa

PostPosted: Mon Sep 14, 2009 1:33 pm    Post subject: Reply with quote

In the comments section on KCCI's someone said that there a pictures of the truck on Facebook with a couple of younger kids in front of a bar. No other details so for whatever that is worth... but the roll bar, off road lights, whatever that sign said, and 80 years old and claiming frail health, things just don't add up right for me too.
It just does not look like the type of truck a farmer would use to check livestock, (if he even is a farmer, I don't know ) it looks more like a 20 somethings or illegal hunters would use.

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jwsknk



Joined: 10 Aug 2006
Posts: 1378
Location: Ames, Iowa

PostPosted: Mon Sep 14, 2009 1:36 pm    Post subject: Reply with quote

jelly0317 wrote:
The Class "B" Felony (25 years) charge of Homicide by Vehicle requires proof that a person was driving while intoxicated. The Class "C" Felony (10 years) level of the same offense requires proof of either reckless driving or eluding. The Class "D" Felony (5 years) level requires proof of participation in drag racing. Given the lack of witnesses, it is highly doubtful that the State could prove any of those charges. Unless Mr. McKinney admitted to police that he was driving at the time of the accident, the charge of Leaving the Scene of an Accident might be difficult to prove, as well.



The Class C does fit some of what the witness were saying about the operation of the truck at the time. And your right about the last point, can anyone ID him as the driver at the time?

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Davey Sprocket



Joined: 22 Jan 2008
Posts: 794
Location: Iowa

PostPosted: Mon Sep 14, 2009 1:36 pm    Post subject: Reply with quote

"Bicycle Bill" wrote:
My BS meter is pegged. Look at this truck.

Is that the sort of vehicle you would expect a 80-year man to be driving?

I'm thinking there's a little more to this story. Perhaps he's taking the rap for someone else, and hoping to use his age and cop a sympathy plea.

Perhaps I'm being too cynical too, but I can deal with that.

-"BB"-




Do you see what I am saying? That is not the truck of an 80 year old man. That sucker is set up for mud runnin' with the young boys. Something smells rotten here.

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Davey Sprocket



Joined: 22 Jan 2008
Posts: 794
Location: Iowa

PostPosted: Mon Sep 14, 2009 1:38 pm    Post subject: Reply with quote

Davey Sprocket wrote:
Does anybody else think that the truck that was displayed and the guy who turned himself in don't match? The truck was a sporty 4x4 with a light rack on top with all kinds of youthful decals and the guy was 80 years old and looked very reserved. It makes me wonder if he might not be covering for a son/daughter or grandson/granddaughter.




Oh yeah. While I am not a cop, I did play one on TV and I did sleep at a Holiday Express last night! Laughing

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Shredmo



Joined: 11 Jan 2007
Posts: 1280

PostPosted: Mon Sep 14, 2009 1:39 pm    Post subject: Reply with quote

If you look closely at the roll bar, there is an exhaust "stack" sticking up. That is total red-neck, teenage crap right there. I'm not saying that it is impossible for the gramps to be driving it, but my grandpa wouldn't be caught dead driving that truck.
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ts



Joined: 10 Jul 2008
Posts: 222
Location: Colorado

PostPosted: Mon Sep 14, 2009 1:48 pm    Post subject: Reply with quote

"Bicycle Bill" wrote:
I'm thinking there's a little more to this story. Perhaps he's taking the rap for someone else, and hoping to use his age and cop a sympathy plea.

Perhaps I'm being too cynical too, but I can deal with that.


I'm not convinced that cynicism is warranted in this case. Some of the comments to one of the earlier articles stated that "Everyone in Winterset knows who owns the pickup" and that he was "older, 70's I think". Maybe the comments were bogus, but they sounded genuine to me.

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jwsknk



Joined: 10 Aug 2006
Posts: 1378
Location: Ames, Iowa

PostPosted: Mon Sep 14, 2009 1:57 pm    Post subject: Reply with quote

Cynic hat on.
He "owns" it cause the grandkids cant get the insurance for it.

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