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Plainsman1963

By Michael King | 10-13-2004 | Post Crescent

Traffic crash killed son, 5, who was not wearing seat belt

OSHKOSH — Merica C. Kabke of Menasha wept softly Tuesday afternoon as a Winnebago County judge found her guilty of causing the Jan. 11 traffic crash in Neenah that killed her 5-year-old son.

Circuit Judge Scott Woldt accepted the no-contest plea of the 28-year-old former Neenah woman to a reduced charge of homicide by negligent operation of a motor vehicle, which was offered by prosecutors.

Kabke’s son, Vincent Erato, was not wearing a seat belt when his mother ran a stop sign and collided with a truck. He died two days later of a severe head injury at a Milwaukee hospital.

A presentence investigation was ordered and sentencing set for Dec. 16.

Kabke now faces up to 10 years in prison, a $25,000 fine and one-year revocation of her driver’s license.

She had faced a maximum of 25 years in prison, a $100,000 fine and a five-year revocation for causing a death while driving under the influence of illegal drugs.

A blood test she voluntarily submitted following the accident revealed she had marijuana in her system. That led the original charge of negligent homicide being upgraded to the new drugged-driving law passed last December.

Dist. Atty. Bill Lennon said he expects to recommend a prison sentence but wants to see the pre-sentence report before making a final determination.

“What really turned the tide was the Neenah police officer’s report that indicated the defendant wasn’t impaired as a result of her marijuana use (the night before),” Lennon said.

The Nov. 29 trial was expected to be among the first in Wisconsin under the law that makes it illegal to have any detectable amount of drugs in the bloodstream while driving.

Lennon said proof of impairment was not needed but prosecutors concluded that a 10-year prison exposure was enough potential punishment.

“We compromised, if you will, and decided that it was better to get a plea for an appropriate charge rather than take a chance on a charge that was maybe too harsh under the circumstances given what the officer observed,” Lennon said.

Some defense attorneys have questioned the constitutionality of the law.

“There’s always going to be argument about the propriety of the law,” Lennon said Monday. “It’s basically absolute sobriety.”

Michael King can be reached at 920- 729-6622, ext. 33, or by e-mail at mking@postcrescent.com

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Cassius

What's the point of a 1-year revocation of your driver's license if you're going to be in jail for 10 years?

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Buzzby

I wonder if that includes alcohol? Nope. Only "illicit" drugs, as if that makes a difference. In Wisconsin you can spend an extra 15 years in jail because of your choice of intoxicants - it has nothing to do with whether or not your ability to drive is impaired. Marijuana, of course, remains in the bloodstream in detectable amounts far longer than any other drug.


In other words, threaten a mother who has just lost her child with a ridiculous, draconian punishment in order to get her to plead guilty to a lesser charge that "only" carries a ten year sentence. That'll save the courts the time and effort of having a trial in which a compassionate jury might give her a break.

I hope the people of Wisconsin voice their concern about this kind of bullsh*t in the voting booth. The administration currently in Washington is trying to push all 50 states into passing similar laws. Be sure to voice your concern on November 2.

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StewScum

they are puting people in jail for anything these days, when one drives a 2 ton metal prison at 45 miles an hour, people are bound to die when they get in accidents. Maybe the seatbelt would have saved her son, but I think it's punishment enough to have her live with that guilt. The court must have made her feel terrible, as she should, but 10 years in jail to, that just basically ruined her life.

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JTP

Just goes to show that a person should never voluntarily do anything as it relates to law enforcement - and you should certainly stop at red lights.

 

Blaster

If you don't "volunteer" then your drivers licence is automaticly revoked for at least one year here in my state. So in effect it is voluntary but under duress.

Puffer

A drug, by definition, is a chemical substance used to alter the state of the body or the mind. If marijuana metabolites do not fulfill that function, can they properly be classified as a drug? I think not. This is just more anti-drug warrior insanity handed down by the powers that be.

While Merica was negligent in not restraining her son with a seat belt, and in running a stop sign, what possible good can a lenthy prison sentence serve? Long after she's repaid her so-called debt to society, she'll continue to bear the guilt of her son's death.

Does it seem, at times, that government intends to eventually incarcerate everyone, or is this just another one of my weird obsessions?

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alexmatthew

everything you people are saying. You make it sound like she is the victim. Her actions caused the death of a small child, and you are complaining that she has to go to jail. Stoner logic all the way.

AlucardOrange3

No, we're not "complaining" that she has to go to jail. But think about the function of jail: it is NOT, despite popular belief, a place to send bad people who've sinned. It IS a tool for rehabilitating members of society so that they can function among us safely once again. With a correct understanding of the purpose of the criminal justice system, what this woman needs (and society rightfully should demand from her) is extensive counseling for both the grief of losing her son and whatever made her run the stop sign (it wasn't the previous night's joint, I can tell you that right now). Community service would probably be useful and actually therapeutic in many ways as well.

What does 10-25 years in jail get her? A sad, wasted, ruined life (tacked on top of the already lost life of her son). What does her spending 10-25 years in jail get us as a society? A $320,000 - $800,000 bill (it costs around 32 grand per year to house an inmate in a prison) and the loss of any conceivable contribution to society she might have made in those 10-25 years. I know the immediate instinct is to punish someone like this, but regardless of how self-righteous and morally justified that punishment may be, how about we take a few steps back and examine the actual costs and benefits of dealing with our society's problems in this way? Just a thought...

AO3

RightWingStoner

I'm kinda ambivalent on this subject. While on the one hand, I dont think that a ten year prison sentence is an appropriate punishment (the loss of her son is the true punishment), I do think that in some way we need to make a punishment suitable to be a deterrent for those following the same laws. The only problem with the theraputic method (which is, truly, the best, most humane thing to do) is that it doesnt really prevent other people from breaking that law in the future.

This is something we could discuss all night and not come to a solid conclusion on. There are a few things that are truths though: she should have restrained her child with a safety belt and shouldnt have ran a red light. From there its just a matter of opinion. peace