DEAR EDITOR:
In regards to the death of my beautiful 15-year old daughter,
Erin, I would greatly appreciate the opportunity to respond to the
Dispatch Editorial Board’s
”
Drop charge against teen driver
”
view in the Sept. 3 issue. While I can appreciate opinions, for
the most part, this article was void of actual facts. So, I’d like
to share the facts.
DEAR EDITOR:
In regards to the death of my beautiful 15-year old daughter, Erin, I would greatly appreciate the opportunity to respond to the Dispatch Editorial Board’s “Drop charge against teen driver” view in the Sept. 3 issue. While I can appreciate opinions, for the most part, this article was void of actual facts. So, I’d like to share the facts.
Regarding the statement, “… Anthony McDowell of Morgan Hill, has been charged with misdemeanor vehicular manslaughter and an infraction unlawfully transporting a person in the bed of a motorized truck …”. This statement implies that Tony was charged with the vehicular manslaughter based on the illegal actions of the girls being in the bed of the truck, which is NOT true. Fact, based on the CHP investigation, the subsequent collision report and the review by the district attorneys office, Tony’s reckless, irresponsible and illegal manner, in which he was driving, is the primary and sole cause of the collision, for which he was cited for two moving violations and misdemeanor vehicular manslaughter. Tony and Tony alone made the choice, in regards to his driving behavior, which has been determined as the primary and sole cause of the collision, which resulted in my daughter’s death. Fact, based on the law, Tony’s illegal actions meets both the letter and the spirit of the law, aggravated vehicular manslaughter (a misdemeanor), and neither Erin, nor the other kids had any say or participated in the choice, for the way Tony was driving (reckless and illegal).
Regarding the statement, “He and Kinkel and the truck’s other passengers made the same kind of misjudgments teenagers too often do.” Yes Erin, as well as all these kids, made a poor choice to get in the back of the truck. There isn’t a day that goes by that I don’t go to Erin’s grave, sometimes angry with her, sometimes crying and sometimes just lying on her grave, and ask her, why she got in the back of the truck? It was behavior that is so out of character for her, we still don’t and probably never will understand it. However, I do believe we all can agree that Erin has paid sufficiently for her part of this poor choice, a bright and promising life has been extinguished much, much too soon. Again, The Dispatch statement implies that the charge of vehicular manslaughter is based on the teenage girls being unrestrained in the back of the truck. This is not true. The charge of vehicular manslaughter is facilitated by Tony’s illegal driving behavior, and the charge of unrestrained parties in back of an open pick-up bed is secondary and additional.
Regarding the statement, “Let’s not compound the tragedy by prosecuting this young man for vehicular manslaughter.” How can we not? I spent this last Saturday celebrating what would have been Erin’s 16th birthday with hundreds of people with well over 100 of them as teenager. Many times that day, I had frank discussions with many of these kids about the facts of this tragedy and the Dispatch’s “Our View” opinion. Fact, I can absolutely guarantee you that if the district attorney does not prosecute this case, then it WILL send a message to kids, that IF you are driving in an irresponsible and illegal manner (like speeding, spinning “doughnuts” in a parking lot, etc.), and IF you are allowing passengers to ride unsafely and illegally in a car (like riding in the back of a truck, not wearing your seat belt, etc.), and IF you are the primary cause of a collision, and IF you kill someone, and IF you are not drinking alcohol or doing drugs, THEN it is OKAY. And, I can assure you, it is NOT okay!
Does the family, friends, and community (at least the multitude that we’ve talked with), want the DA to prosecute this case, in order to send the message that if you do “all the above”, you will be held accountable? YES!
That said, do I want to see Tony’s life ruined? Absolutely not! Do I want to see this young man go to state prison with hardened criminals? Absolutely not! Do I want to see Tony act like a man and take responsibility for his action and poor choices, which was the direct result of the death of my daughter? Yes! Do I want to see something positive come of this? Yes! Do I want Tony to do community service to raise awareness, peer to peer among teenagers, so that we might save someone else’s child? Yes!
I also truly believe that this activity, saving other children … even just one, would be worth more than can be measured and would ultimately be a healing process for Tony, which would benefit him most of all!
In my heart, I know Tony would NEVER do anything to hurt Erin on purpose. But, the facts of the case and the bottom line is, Tony is directly responsible for Erin’s death.
My family, friends and the community that we’ve talked with are all offended by the Dispatch View. At best it sends an irresponsible message to teenagers that “all of the above” is okay, at worst it potentially puts our children at risk, because it does send the message that “all of the above” is okay.
It is NOT okay!
Let’s hope that through all our efforts, through this process, and all of us together, we can raise teenage awareness of driving safely and wearing our seat belts. If we can reach just one kid, save one life, keep one family from the devastation that we are going through, then we WILL honor Erin and her death will not have been totally in vain! I know it’s what Erin would have wanted, I can even hear her, “Quit your complaining, focus, work harder and get out there and try your best, you CAN do that back flip, you CAN kick that high, you CAN save a life!.”
Scott Kinkel, Gilroy
