Jury
11:49 am on June 3rd, 2009
7 DUI’s?  6 and he is still on the street?  I heard a case back not long ago where some guy got close to life for this many DUI’s.  You would think he would have stopped blamming everyone else for his DUI’s after at least his fifth, but no, someone has to die before this asshat gets the message.
prettyuglyish
12:07 pm on June 3rd, 2009
I don’t know about other states, but here in California after a DUI (it may be after mutliple…I’m not sure), the courts have you sign a paper that you understand that you can be charged with murder if you drink & drive again and someone is killed.  It’s being put into practice in several cases.  This one off the top of my head:  http://www.ocregister.com/news/man-charged-with-2048843-murder-of
silvahalo
12:28 pm on June 3rd, 2009
My brother has at least 6 DUI’s offenses. He was just recently charged and sentenced to 2 yrs. in prison. I love my brother very much but hate that he’s a drunk and puts his own life and others in danger every time he drives.  He has never injured himself or anyone else for that matter, but I think its just a matter of time. On that note, I do not think his punishment is enough. He has refused to get help for sometime now, and still lives in denial that he poses a real threat to lives. When he’s locked up he can’t hurt others or himself, so now I am breathing a sigh of relief.
If he were ever to hit and kill someone, like this child and her father, I would expect justice to be swift and severe.  I would not and have never condoned such blatant, irresponsible behavior. I hope the day never comes that I read of him doing such a thing.
My heart goes out to the family and the father who is forever maimed and heartbroken. I can’t imagine his anguish. Rest in peace Melodie. So very sorry.
nadine
12:32 pm on June 3rd, 2009
He should get tried for murder for sure.  This way he is being held accountable for what happened. and for that poor poor poor family that they had to loose a loved one because drunks have to be drunk and I wish that the poor wife could have kicked his ass because of that nice mugshot of flip the bird to everyone, was he still drunk or is he just an ass? I will say an Ass and he deserves no pitty, whether he has a problem or not, he should have seeked help after the first time  he got busted and i hope every day of his life that he remembers that poor family and thht poor little girl that he killed because he was such a dick
i hate drunks and i hate him
Coyote
12:40 pm on June 3rd, 2009
This assclown needs to be charged and convicted of 1st degree murder, no doubt.  Punishment: have him stand out in the middle of the street while the father of this girl repeatedly runs him over, backs up, and runs over him again until the prick is dead.
Athena
12:43 pm on June 3rd, 2009
My opposition to vehicular homicide becoming murder isn’t about sympathy for drunk drivers, rather, the spirit of the law. The hierarchy of our charges has, for centuries, differentiated between those who set out with the intent to kill and those who kill people through recklessness. So, it’s not that I’m morally opposed to things like felony murder or charging drunk drivers with murder, but that it’s slowly diluting the charge of murder. The fact that a person doesn’t have to try or want to kill someone to qualify for a murder charge concerns me.
I also must note the sin-specific nature driving the “alcohol-related fatality as murder” movement. So, a guy gets popped 6 times for driving drunk. Prosecutors determine that he knows full well the dangerous nature of his behavior, so much so that it qualifies as malice aforethought. Fine. Does the same thing happen when a person’s popped for speeding 6 times before killing someone? Texting? No. Even though the recklessness is equal across the board, we treat those who kill others as the result of non alcohol-related recklessness substantially differently, sending the message that it’s not the recklessness that is bad, it’s the drinking specifically. Neo-prohibitionist bullshit like this isn’t doing us any favors.
The reasonable solution, in my opinion, is to work to get stiffer sentencing for vehicular homicide. Remove maximums and allow judges to really exercise discretion. That will better guarantee that career assholes like this get nailed to the wall, but those who simply made tragic mistakes get treated fairly.
Morbid
12:49 pm on June 3rd, 2009
Athena: Does the same thing happen when a person’s popped for speeding 6 times before killing someone? Texting?
Who says it shouldn’t? Gotta start somewhere. Might as well be the fucking drunk.
Athena
12:55 pm on June 3rd, 2009
It defies the very point of differentiating between murder and manslaughter, so the “somewhere” we should start is with increased sentences for vehicular homicide, which would cover ALL those things. I mean, let’s be real – this is about the alcohol. We’re never going to charge a serial texter with murder.
nadine
1:01 pm on June 3rd, 2009
Athena, you make a great point at all that you say, and Morbid does as well start somewhere.  I just think that time and time and time again that we constantly say whether on radio, t.v. preach to the choir, kids adults everyone, if you drink don’t drive….. call someone, well hell i will give my number out to save a life anyday of the week.  We all maybe had one or two too many and thought i can drive where really no you cant.   So i don’t know what to say, i would hope he really did not set out to kill that girl that day, but start somewhwere and he needs to be held responsible for this so yes try him for murder.  Touchy touchy subject.
Morbid
1:10 pm on June 3rd, 2009
Athena: We’re never going to charge a serial texter with murder.
Careful. There was a time when people said the same thing about a drunk driver. But as we have seen, that is no longer the case. Hammer Time!
Deety
1:16 pm on June 3rd, 2009
Athena: The reasonable solution, in my opinion, is to work to get stiffer sentencing for vehicular homicide.Remove maximums and allow judges to really exercise discretion. That will better guarantee that career assholes like this get nailed to the wall, but those who simply made tragic mistakes get treated fairly.
You mean allow our judges to use their own judgment to determine the appropriate penalty? What a novel concept…
There was a case in SoCal not too long ago (I’m too lazy to look it up) where a 40-something woman caused an accident while texting, which resulted in a death. She was sentenced to several years in prison, which I still feel is excessive. Yes, she did the wrong thing, but I don’t see how a long prison sentence for her is going to help society.
I think for a 2nd DUI, you should lose your license permanently. If you’re caught driving after that, you go to prison, period. You had your chance.
Athena
1:19 pm on June 3rd, 2009
Apples and oranges. Alcohol has been a moral issue for as long as its existed. Even the fuckin’ Bible deems excessive drinking a sin. America banned the stuff within the last century. Speeding is responsible for more driving fatalities than is alcohol. Texting is only a secondary offense in most places that have bothered to ban it. We’re talking about things society views VERY differently, and it’s not based on logic. I’m quite confident when I say that texters will never be charged with murder.
On a side note, we should also make public intoxication legal. For fuck’s sake… we don’t want people driving drunk, but they can be arrested for walking home instead. Retarded.
Athena
1:21 pm on June 3rd, 2009
I’m with you, Deety, except I would exchange prison if caught driving on a revoked license with excessive fines and community service, which would benefit the community far more than incarceration.
RowensBones
1:43 pm on June 3rd, 2009
As far as I am concerned, it was cold blooded premeditated murder and he should be eligible for the death penalty -(hopefully his state has a lovely chair or needle ready for him!) 6 times show intent….
prettyuglyish
2:04 pm on June 3rd, 2009
I agree with Athena on all points.  And this:
Athena: On a side note, we should also make public intoxication legal. For fuck’s sake… we don’t want people driving drunk, but they can be arrested for walking home instead. Retarded.
Definitely retarded.  I was arrested once for public intoxication while waiting for a cab outside a bar that was giving away free drinks on Captain Morgan’s night.  The cop was undercover waiting outside in the parking lot (with the bouncers, I might add) and had the cruisers waiting around the corner for his call.  It was a conspiracy, I tell ya.  Anyway, it probably didn’t help, though, that I mouthed off letting him know how fucking stupid it was and then spit on him.  Oops.
biteme
2:13 pm on June 3rd, 2009
I just hope the court system and all the fucked up judges are pleased, with all the money they made by leaving this scum bag out in the community to kill.  This is the kind of repeat offender the system uses to make money, hope they’re all real happy with themselves and all that money they generated
Deety
2:18 pm on June 3rd, 2009
Athena: I’m with you, Deety, except I would exchange prison if caught driving on a revoked license with excessive fines and community service, which would benefit the community far more than incarceration.
A light penalty like community service would defeat the purpose. The whole point would be the deterrent factor- you would be on notice after the second DUI that if you ever get behind the wheel again, you will go to prison. That might (might) keep guys like this asshat from drinking and driving, by keeping them from driving (as we definitely can’t stop them from drinking).
Think about it, the penalty for DUI isn’t harsh enough to stop this guy from drinking and driving. Community service wouldn’t faze him at all.
Also, the prospect of having your driving privileges permanently revoked would probably stop a lot of people from risking that second DUI.
I think the judge should also notify you at the sentencing for the second DUI that if you do drive drunk again and kill someone, it will be considered 1st degree murder.
Side note: My father (a practicing alcoholic at the time) was arrested for public intoxication for walking home drunk one night. He had done the responsible thing and left his car at the bar.   He learned his lesson- I’m pretty sure he just drove home after that.
Morbid
2:23 pm on June 3rd, 2009
Athena: It defies the very point of differentiating between murder and manslaughter
We have danced to this song before, Athena. As noted by other states, someone who kills somebody while driving drunk, does fit the legal definition of murder. I know you don’t like it, but it is the way it is. Seems people are just upset that society has gotten to the point where they will actually convict a drunk driver charged with murder. I have a feeling people are just getting sick of drunks and their absolute stupidity.
CassieMomma
2:42 pm on June 3rd, 2009
Man this guy just slapped that family in the face by flipping everyone off.  What a jackass!!!
misspriss
2:44 pm on June 3rd, 2009
teribble news. its sad when innocent have to suffer due to others addictions and stupidity. i hope they put this douche where he belongs, lets see him ride his harley then..more like getting ridden by a man named harley.
reminds me of a recent tragedy in chicago, where a young man was involved in a hit and run accident and didnt make it. the kicker was the assbag that hit him and drove off was a DETECTIVE! wtf somethings not right here.
biteme
2:47 pm on June 3rd, 2009
Deety: You mean allow our judges to use their own judgment to determine the appropriate penalty? What a novel concept…There was a case in SoCal not too long ago (I’m too lazy to look it up) where a 40-something woman caused an accident while texting, which resulted in a death. She was sentenced to several years in prison, which I still feel is excessive. Yes, she did the wrong thing, but I don’t see how a long prison sentence for her is going to help society.I think for a 2nd DUI, you should lose your license permanently. If you’re caught driving after that, you go to prison, period. You had your chance.
true 7 years doesn’t cure stupid but at least my family is safe from her until some loser parole board gets involved and lets her out early
imonfireDAMMIT
3:01 pm on June 3rd, 2009
This is horrible and a tragic way to loose a child… If I were the father I would have hobbled over on my one leg and shoved it knee deep into that guys ass! Come on now someone just shoot him in the face cause he is wasting the good air!
“Oh, but no folks, the douchebaggery does not end there”
OMG I never seen anyone besides myself use that word in a sentance. Good job!!!!!!!
Athena
3:34 pm on June 3rd, 2009
Deety – Your mistake is in viewing incarceration as a deterrent. The crux of the issue can be found within your own post: “Think about it, the penalty for DUI isn’t harsh enough to stop this guy from drinking and driving.”
DUI sentencing has gotten increasingly harsh over the years, yet, the RATE of drunk driving remains stable. Hell, the war on drugs is proof-positive that incarceration doesn’t deter. Permanent revocation of the license after the second offense is a good idea; problem is, licenses are big revenue to the state, which is why states haven’t made the move to revoke licenses more quickly already.
Because we can’t reasonably hope to deter, stiff fines and community service is a good alternative because it poses more benefit to the community than incarceration does, and it allows the offender to remain an otherwise productive member of society. If you’re hell bent on incarceration, however, I would recommend home detention. Not only is that paid for by the offender, but it leaves prison cells available for violent offenders.
Morbid – I’m well aware, but as it was before, I will remind you that not all states employ this practice. Furthermore, as noted by other states, simply killing someone while driving drunk does NOT constitute murder, except under a specific set of criteria. This is why the vast majority of DUI fatalities lead to vehicular homicide charges, still. In California for example, a defendent must display:
* A pre-drinking intent to drive;
* Knowledge of the hazard of driving while intoxicated;
* Highly dangerous driving;
DUI murder charges are only used in the most severe cases when prosecutors are sure they can prove these elements. And, while prosecutors are getting away with charging drunk drivers with murder for now, the debate grows as the practice becomes more common. I’m far from the only one that finds this application inconsistent with the spirit of the law.
I agree that people are getting fed up. Problem is, so long as drinking is legal and driving is legal, there’s very little we can do from a legislative standpoint to impact the drunk driving rates. To distort the very meaning of charges in the meantime is a bad idea, for the reason that this blogger put best:
The problem is that these groups have been so successful, and politicians have basked in the reflected glow of this success, that when reality gets in the way of these PR campaigns (meaning when convictions for murder do nothing to stem the tide of drunk driving), they need to find yet a deeper, harsher, more horrific penalty to impose.
Morbid
3:45 pm on June 3rd, 2009
Athena: not all states employ this practice.
Yet.
Wildheart
5:20 pm on June 3rd, 2009
I thought my friend’s response to this story was spot on:
“There are no words strong enough to fit what a complete waste of oxygen this cretin’s life has been.  My God. I do not want to even imagine what Melodie’s parents are going through. Seems to me a more fitting punishment awaits him in Hell, where every day throughout eternity he will be forced to pick the pineapple that will be slowly shoved up his ass.”
Veronica
7:07 pm on June 3rd, 2009
biteme:
I just hope the court system and all the fucked up judges are pleased, with all the money they made by leaving this scum bag out in the community to kill.  This is the kind of repeat offender the system uses to make money, hope they’re all real happy with themselves and all that money they generated
That’s not the only way the prison industrial complex makes so much money – it also keeps nonviolent drug offenders locked up for long terms while worthless wastes of DNA like this guy are paroled. 
I used my one brain cell to come to this conclusion once I figured out what a live brain cell is, are you proud? 
Sir Geoff
7:17 pm on June 3rd, 2009
I see both sides, but ultimately I feel drunk driving should be charged with murder if someone is killed. Getting behind the wheel drunk is intent enough for me. It’s like those people who murder during a break in arguing they didn’t intend to kill someone they thought the house was empty, etc….. If you put yourself in a position where someone was killed because of your actions knowing (I believe most people know when they are drunk) that your judgement or possible situation could lead to someone’s death then it’s murder.
crighteous
2:56 am on June 4th, 2009
Oh how our wonderful legal system rehabilitates and/or keeps the bad guys off the streets from doing it yet again..oh and again…oh and again…oh and again…oh and again…oh and one more time to kill a poor girl and take her father’s leg because the other 6 times weren’t enough to scream to the system, “You don’t fucking work!  You are absolutely positively pathetic!”
2 boys mom in NC
9:11 am on June 4th, 2009
crighteous:
Oh how our wonderful legal system rehabilitates and/or keeps the bad guys off the streets from doing it yet again..oh and again…oh and again…oh and again…oh and again…oh and one more time to kill a poor girl and take her father’s leg because the other 6 times weren’t enough to scream to the system, “You don’t fucking work!  You are absolutely positively pathetic!”
Well, fucking said!
knotme
11:23 am on June 4th, 2009
 As Melodie lay still and struggling for breath and Aaron lay with one broken leg and the other partially severed, Schaefer flailed and screamed “Oh, it hurts so bad!  I need medication!” 
You know what I think… it isn’t just the crime that should be given all the attention in court; the attitude and arrogance of many criminals aren’t even considered in with all the other “facts” as they should be.  Look at this guy… he’s got no soul!  He’s a TOTAL PRICK!   That should count for something in a court of law and in the punishment, as well.
biteme
12:29 pm on June 4th, 2009
Veronica: That’s not the only way the prison industrial complex makes so much money – it also keeps nonviolent drug offenders locked up for long terms while worthless wastes of DNA like this guy are paroled.  I used my one brain cell to come to this conclusion once I figured out what a live brain cell is, are you proud? 
Hi Veronica, sorry about your job situation, good luck out there I know it’s a tough job market
Wildheart
1:40 pm on June 4th, 2009
biteme:
Hi Veronica, sorry about your job situation, good luck out there I know it’s a tough job market
Hey Veronica!  Sorry to hear about you getting laid off….what a freaking bummer….but you certainly sound like an intelligent, capable person, so I have no doubt you will find something you love really soon.
Abroad
1:55 pm on June 4th, 2009
Sir Geoff:
I see both sides, but ultimately I feel drunk driving should be charged with murder if someone is killed. Getting behind the wheel drunk is intent enough for me. It’s like those people who murder during a break in arguing they didn’t intend to kill someone they thought the house was empty, etc….. If you put yourself in a position where someone was killed because of your actions knowing (I believe most people know when they are drunk) that your judgement or possible situation could lead to someone’s death then it’s murder.
It has just occurred to me that if they make drunk driving a felony, then the laws that say that any death that is caused during the commission of a felony is murder would kick in?
Could they make drunk driving a felony?
April
2:46 pm on June 4th, 2009
Too bad his leg was amputated instead of his head.  Fucker.
McQuest
12:55 pm on June 5th, 2009
Abroad:
It has just occurred to me that if they make drunk driving a felony, then the laws that say that any death that is caused during the commission of a felony is murder would kick in?
Could they make drunk driving a felony?
Nice.  They totally should. 
Athena
1:44 pm on June 5th, 2009
It has just occurred to me that if they make drunk driving a felony, then the laws that say that any death that is caused during the commission of a felony is murder would kick in? Could they make drunk driving a felony?
Drunk driving under certain circumstances is a felony. Usually, if you’ve caused damage or get multiple DUIs in a set period of time, in which case the latter DUIs will be felonies. Also, if you’ve ever been charged with felony DUI, your next DUI will be a felony no matter what amount of time has elapsed. But not every state has felony murder on the books, and, besides, there’s already vehicular manslaughter – a very specific charge tailored to this type of event. Why we need to try and morph the crime into qualifying for some other charge rather than simply extending the maximum sentence for vehicular manslaughter is entirely beyond me.
But trying to qualify it as second-degree murder is kinda like this: You go out and buy a first aid kit. The kit has got everything you need other than bandages. Instead of going out and simply buying bandages and adding them to the kit you bought (the obvious course of action and, in this case, equivalent to extending vehicular homicide sentences), you go out and buy a whole ‘nother first aid kit that does have bandages, but doesn’t have some of the other stuff you need. So, when someone gets hurt, instead of having one multi-purpose kit to serve your purposes, you have to choose between two kits, neither of which will fully suffice in some circumstances.
Besides it being dubious in regard to legal theory, it’s fucking retarded.
Why? Because it means that I, having no prior DUIs on record, can go out tonight, get fucking WASTED and take some poor mother fucker out… but, because this would be a first offense, they can’t *prove* I knew it was dangerous. As a result, second-degree murder isn’t an option and they’ve got no choice but to charge me with vehicular manslaughter, a crime that I will likely serve less than 2 years in prison for.
If people are SO damn sick and tired of drunk drivers killing people, nail them ALL to the wall, not just the elite few that are so fucked up, they actually qualify for second-degree murder. But that won’t happen, because most people are emotional, reactionary poopyheads who don’t think things through very well and are easily duped into believing their representatives are actually addressing the problem.
Extending vehicular homicide sentences is the only LOGICAL choice. (Although, to be fair, the felony murder idea would be a close second if every state had felony murder – and, if I agreed with felony murder. )
/rant
Abroad
7:07 am on June 7th, 2009
April:
Too bad his leg was amputated instead of his head.  Fucker.
Wrong person, April. The father of the child that died, i.e. the other victim, had to have his leg amputated. The drunk driver will (regrettably) be fine.
Courtney Antillon's Jealousy Is Deadly - The Dreamin' Demon
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