Jorge Cruz Jr. was a 9-year-old who, until recently, lived in Los Angeles, California. Today his bed lies empty and his little toys gather dust because a distracted movie star was in a hurry.
Rebecca Gayheart, apparently while talking on the phone, used a left turn lane to pass traffic that had slowed to let young Jorge cross the street. According to witnesses, the “Urban Legend” star plowed through the intersection at approximately 40 miles per hour.
In an instant, Jorge was dead. His life snuffed out before he had a chance to live. His parents left without their son. And Ms. Gayheart, who was late to her important appointment, was charged with misdemeanor vehicular manslaughter.
Her sentence after pleading no contest: three years probation, a suspended license, and required to make a safe driving video.
Let’s briefly examine this sad situation. A person who drives a vehicle and unintentionally but unlawfully kills another human being is apparently guilty of Vehicular Manslaughter. However, it seems that unless the person acted with criminal negligence, he or she pretty much gets to have a picnic while the victim’s family gets to dig a tiny grave. What then is criminal negligence? Depends. Based on various definitions, it’s when a person engages in conduct that creates a substantial and unjustifiable risk that another person’s death will occur. That person, in this case Ms. Gayheart, would need to fail to perceive the risk, which would also have to be a gross deviation from the standard of care that a reasonable person would observe in the situation.
But that’s a lot of fancy talk. Let’s just say that if she’d been drunk when she killed little Jorge, she would have gotten 10, maybe 15 years. Now, if being drunk is being filled with alcoholic liquor to the point of impairment, isn’t it very similar to talking on a cell phone? Aren’t a person’s faculties impaired by the inability to focus full attention on driving? Isn’t talking on a cell phone a voluntary act? Isn’t a person aware that talking on a cell phone while driving can be dangerous and create a substantial risk to pedestrians and other drivers? Or am I envisioning a mythical unicorn-type person who actually thinks?
Maybe I’m being to hard on her. I mean her lawyer told CNN that she was all broken up about it.
“She’s taking it very hard. Obviously, it’s the worst thing that could happen to somebody.” Sure it is, you ignorant fop. It’s much worse than having your child run down by a speeding Jeep driven by an unconcerned actress. And it’s definitely worse than being nine and being run down by some moron who wants to save a couple minutes.
Please forgive us, Ms. Gayheart. We should’ve recognized your sorrow. You’re an attractive, wealthy actress who has to make a safe driving video because you crushed a child. We should all pause and have a moment of reflection on the pain you’re feeling. Certainly it’s greater than that felt by young Jorge when your vehicle smashed into his growing body.
Maybe after we’re done feeling your pain, we can hold hands and cry for all the unfortunate Taliban guys who no longer have a place to live. Or, you could tell your lawyer to shut his piehole, write Jorge’s family a big ass check, and beg forgiveness for the rest of your sorry life.
But that’s just a thought.