Originally posted by: kyparrish
OMG, only 1 year? something's broken with our legal system
I want to press Pause for a moment and address that concern.
I can't vouch for what happened in this case, but I've been a criminal litigator for years, and had the benefit of observing my mother, who has been a judge for 21 years.
I don't see this as a failure of the justice system, though I share your and Fausto's frustration with the outcome.
Essentially, this woman killed Fausto's friend David, due to her own negligence. She admitted to that, and pled guilty to second-degree vehicular homicide, a gross misdemeanor. The state pursued the greater charge of first-degree vehicular homicide, apparently because she was allegedly on drugs. See
this page for a layperson's explanation of the gradations of vehicular homicide in Georgia.
After hearing all the evidence, the jury apparently acquitted Ms. Richardson of the greater charge, probably because they weren't convinced beyond a reasonable doubt that she was "under the influence of alcohol or drugs" under the specific definition provided for in the jury instructions. It's a curious finding, since she apparently admitted to taking methodone, but I'm not a doctor and have no idea what the pharmaceutical impact of methodone use is.
The bottom line is that I think the DA did the right thing, took the case to trial under the appropriate charges, and lost on the greater charge. IMO this woman was lucky with this outcome, but I can't see it as a huge miscarriage of justice.