Alabama YMCA Youth Judicial 2014 Case Materials ...images.pcmac.org/SiSFiles/Schools/AL/MobileCounty/... · 3 Witnesses " The following witnesses must be called by the parties. Plaintiff

�1

Alabama YMCA Youth Judicial 2014 Case Materials www.alyig.org/judicial

" """"""

IN THE CIRCUIT COURT OF GLANTON COUNTY

STATE OF CONTINENTAL "Sandy Tobin ) ) Plaintiff, ) ) ) ) v. ) Case No. CV 2014-123456 ) ) ) Chris Holden, ) ) Defendant. )

�2

Stipulations "1. All exhibits included in the problem are authentic and accurate

in all respects, and no objections to the authenticity of the exhibits will be entertained. "

2. All signatures are authentic. "3. There are no costume options permitted. "4. The Jury Instructions are accurate in all respects and no

objections to the jury instructions will be entertained. "5. Exhibits 3, 5, and 12 were composed and compiled by the

person or persons whose name(s) appear thereon and were each made in the regular course of business at the time of the act, transaction, occurrence, or event or within a reasonable time thereafter. "

6. Exhibits 4, 11, 12, and 13 contain certified copies from the Circuit Court of Glanton County’s Clerk of Court. "

7. Exhibit 2 was created by McKinley Aguilar and is admissible without further foundation. "

8. Exhibit 1 is admissible without further foundation. "9. Fred Brown is unavailable. """"""""""

�3

Witnesses "The following witnesses must be called by the parties. Plaintiff

witnesses may not be called on behalf of the Defendant. Defense witnesses may not be called on behalf of the Plaintiff. All

witnesses may be female or male. WITNESSES MAY BE CALLED IN ANY ORDER.

"""" """"""""""" """""""""""""""

For the Plaintiff!"

Sandy Tobin, Plaintiff""Officer Taylor Moss""McKinley Aguilar !"""

For the Defense!"

Chris Holden, Defendant""Terry Bell""Brady Cole!

�4

EXHIBITS Teams may use the following exhibits.

They are pre-marked and are to be referred to by number, as follows: "

1) Sandy Tobin Scholarship Offers "2) Free Period Poker Society Invitation "3) Sandy Tobin Text Records "4) Sandy Tobin Sentencing "5) Police Accident Report "6) Photograph of Sandy Tobin’s Vehicle "7) Photograph of Chris Holden’s Vehicle "8) Brady Cole Accident Report "9) Sandy Tobin Hospital Discharge Summary "10) Photograph of Stop Light at Intersection of Rawlins Road and

CR123 "11) McKinley Aguilar Arrest Record "12)CR 123 / Rawlins Road Incident Query """""""""

�5

COMPLAINT "

Plaintiff Sandy Tobin (“Plaintiff”), by and through her/his attorneys, files

this Complaint against Defendant Chris Holden (“Defendant”), by alleging as

follows.

JURISDICTION AND VENUE

1) Plaintiff is a resident of Glanton County within the state of Continental.

2) Defendant is a resident of Glanton County within the state of Continental.

3) Defendant is subject to the jurisdiction of Continental state courts

pursuant to Continental Code § 5-514(b).

IN THE CIRCUIT COURT OF GLANTON COUNTY,


�6

4) The Continental State Circuit Court of Glanton County has original

jurisdiction over this matter pursuant to Continental Code § 1-705 and venue is

appropriate pursuant to Continental Code § 5-404.

GENERAL ALLEGATIONS

5) Plaintiff is a 17 year old male / female who attends Glanton County High

School.

6) Defendant is an 18 year old male / female who attends Glanton County

High School.

7) On or about April 19th, 2014, Defendant attended a party at the home of

McKinley Aguilar.

8) While at the McKinley Aguilar’s party, Defendant illegally and

negligently possessed and drank alcohol.

9) After illegally and negligently drinking alcohol, Defendant left the party

and attempted to drive her/his vehicle.

10) Immediately upon leaving Aguilar’s party, Defendant did negligently,

recklessly, and wantonly operate a motor vehicle while illegally under the

influence of alcohol.

11) As a result of Defendant’s intoxication as well as Defendant’s

negligence, recklessness, and wantonness, Defendant illegally failed to obey a

traffic control device at the intersection of Rawlins Road and County Road 123.

�7

12) Defendant’s illegal operation of her/his motor vehicle caused him/her to

collide with Plaintiff’s vehicle.

13) Defendant’s negligence, which caused the wreck, caused Plaintiff to

sustain grievous injuries to both person and property. Plaintiff sustained severe

physical injuries including, but not limited to a broken leg and a broken foot.

Moreover, Plaintiff’s physical injuries have led directly to severe economic losses

including the loss of college scholarship opportunities. Plaintiff has also suffered

substantial present and future damages including, but not limited to, emotional

pain, suffering, disability, emotional distress, medical related expenses, lost

income, and lost earning capacity all in amounts to be determined at trial.

COUNT I - NEGLIGENCE

14) Plaintiff restates the allegations contained in paragraphs 1 through 20 as

if fully incorporated herein.

15) Defendant, as an operator of a motor vehicle on the roads and highways

of the state of Continental, owed Plaintiff a duty to act as a reasonably prudent

person under the circumstances.

16) Defendant disregarded the known risks of drinking alcohol and driving

while intoxicated, thereby failing to take reasonable care to ensure the safety of

others on public highways.

17) Defendant failed to obey a traffic control device, to wit, a stop sign and -

in doing so - failed to act as a reasonably prudent person under the circumstances.

�8

18) Defendant’s negligence in driving while intoxicated and failing to obey a

stop sign proximately resulted in severe damage to Plaintiff in an amount to be

established at trial.

PRAYER FOR RELIEF

Plaintiff requests and prays that judgment be entered against Defendant as

follows:

A) That Plaintiff be awarded compensation for all injuries and damages

caused by Defendant’s negligent and/or wrongful conduct;

B) That Plaintiff be awarded attorneys fees and costs;

C) That Plaintiff be awarded post-judgment interest on the amount of

judgment;

D) That Plaintiff be awarded attorneys fees and costs incurred in attempting

to collect on the judgment, if any; and

E) That Plaintiff be awarded such other and further relief as the Court deems

just and equitable under the circumstances.

JURY DEMAND

Plaintiff demands a jury trial.

DATED this 1st Day of June, 2011

_______s/_________ Martha Kat Dewey Attorney for Sandy Tobin

�9

"ANSWER AND AFFIRMATIVE DEFENSES "

Defendant denies each and every allegation, matter, and thing alleged in the

Complaint unless hereinafter specifically admitted.

1) In response to Paragraph 1 of the Complaint, Defendant is without

sufficient facts or information to admit or deny the allegations therein and therefore

denies them.

2) In response to Paragraph 2 of the complaint, Defendant admits.



"""

IN THE CIRCUIT COURT OF GLANTON COUNTY,


�10

General Allegations

5) In response to Paragraph 5 of the Complaint, Defendant is without

sufficient facts or information to admit or deny the allegations therein and therefore

denies them.


7) In response to Paragraph 7 of the complaint, Defendant denies.







Count I






"""

�11

AFFIRMATIVE DEFENSES

First Affirmative Defense

19) Plaintiff’s complaint fails to state a claim upon which relief can be

granted.

Second Affirmative Defense

20) Defendant denies all of Plaintiff’s allegations and demands strict proof

thereof.

Third Affirmative Defense

21) Defendant avers that the injuries and/or damages, if any, as alleged in the

Complaint were caused by the negligence of the Plaintiff and, therefore, the

requested relief should be denied altogether. Alternatively, the requested relief

should be apportioned to the degree that the negligence of defendants, if any,

contributed to the plaintiff’s damages.

PRAYER FOR RELIEF

Defendant respectfully requests that this court grant the following relief:

A) That Defendant not be found liable for Plaintiff’s alleged injuries in this

matter.

DATED this 10th Day of June, 2013.

_____________/s______________ Melinderin G. Henderson One of the Lawyers for Chris Holden ""

�12

STATEMENT OF SANDY TOBIN " My name is Sandy Tobin and I live at 4563 Forest Road, Toadvine, Continental 34434. I am 17 years old. Yea, Toadvine is barely a town - “Best One Stoplight Town in America, 2012,” according to The Rural Times. That award is about all this place has going for it. It’s kind of sad - the lengths that this town goes in order to keep that dumb award. For some reason, people are actually moving down here - mainly snowbirds from Michigan who are tired of digging their way through 5 feet of snow every winter. We could use a few more stoplights to deal with the traffic - heck - the wreck that ended my badminton career might not have happened if there had been a stoplight at the intersection of Rawlins Road and County Road 123. But whatever - what’s done is done. Either way, there isn’t much to do and pretty much everyone here with half a brain is looking for somewhere else to go. " My ticket out of Toadvine was badminton. I’m kind of a phenomenon around here - a consensus four star badminton player (at least that’s what all of the recruiting services say) with offers to play at several D1 colleges. In fact, Adversaries.com, a well-known badminton recruiting enthusiast website says that I am the 4th best badminton player in the nation. I was not really sure where I wanted to play after high school. All I knew was that I wanted to get as far away from this town as I possibly could. I am a Junior at Glanton County High School, and my grades aren’t terrible, but I’m not going to be a National Honor Society member if you know what I mean. My ticket to a college education was badminton and badminton alone. In fact, as of the date of my wreck, I had two offers to play badminton at Division 1 universities. Unfortunately, before the wreck, I had not accepted an offer to play for a college, so I’m not really sure what I am going to do and, as of today, each of the two schools have pulled their offers. So I’m kind of back to where I started - stuck in this dead-end town with no prospects. " Most people think that the most important skill in badminton playing is quick hand-eye reflexes. Most people would be wrong. The key to expert badminton is quick feet. Good footwork is key. You just can’t play well if you don’t have your foot work down and, before the wreck, I had some of the best feet in the nation. The wreck kind of killed that edge that I had developed. Before that night, I had two offers to play - with more on the way - now I have no offers and awful footwork because the accident (if you can call it that) left me with a broken left leg and a broken left foot. " I guess you want to know what happened the evening of Friday, April 19th. Badminton practice always starts at 3:30pm and lasts until about

�13

4:45pm. That night, we got out early - I think about 4:30. I was pretty stoked about that because several friends were planning on going to the 6:30pm showing of Melted. I’m sure you’ve heard of it - it’s that new, popular CGI movie that came out last year . . . won a bunch of Oscars. I had planned on meeting my friends in Springfield - the closest city and the only place within 20 miles with a movie theater. They were going to save me a spot. So I shot my friend Terry Bell a text letting them know that we got out of practice early and to save me a seat at dinner. We were going to one of those Japanese places and I didn’t want to miss the flaming onion volcano. I say Terry is a friend - but I’m not sure I can call him/her a friend anymore what with all the lies s/he is spreading about me. I’m not sure what happened or who got to her/him - it’s like something changed when this lawsuit was filed and now all s/he wants to do is lie about how much I send text messages. I guess you really never know who your friends are. " After practice, I quickly showered and changed, I then ran to my locker to get my backpack and my phone. I ran out to the car and was on my way with plenty of time to spare. The best way to get from Glanton County High to Springfield is to take County Road 123 going westbound. It’s pretty much a straight shot and, on CR 123, it takes about 30 minutes or so. That would give me plenty of time to meet my friends for dinner and get a good seat for the movie. " I know that you want to know the details and everything I remember from the wreck. Unfortunately, things get a little fuzzy for me once I start thinking about it. I remember getting on CR 123. And I remember the sound of a car horn when I was crossing Rawlins Road. I also think I remember seeing headlights coming at me from my left side - but who knows. The next thing I know is I’m waking up in my car. My legs were trapped and I saw an ambulance and several paramedics trying to get me out. I don’t recall feeling much pain at the time - mainly I just remember being confused. I think that I couldn’t move my legs. Not because I was paralyzed or anything - I think door on my left side was pinning me in maybe? And then I’m in an ambulance heading to the E.R. " I think the ambulance ride was when I started feeling some pain in my legs and in my foot. That’s when things start to become more clear in my memory. The paramedic asked me what happened and I told her that the moron in the green car t-boned me as I was crossing Rawlins. I didn’t exactly remember the wreck as it happened - just like I don’t remember it right now, but I was smart enough to realize that I had been t-boned and that the green car with the smashed up front that I saw when I woke up was

�14

the car that hit me. What I didn’t know at the time was the driver of the green car was Chris Holden. " After the surgery where they put a rod in my left leg, the doctors told me that it would be a while before I could run or walk normally. Of course, I asked her about playing badminton. She informed me that it would be at least 6 months before I could resume my intense training regimen and that even then, she could not guarantee that I would ever get back to my old form because the left leg break was so severe. She was correct - it’s been a little over year now and I am nowhere near the top quality athlete I was before. I can’t cut, I can’t drop back, and I can’t move to the net with the level of raw ferocity that I once demonstrated. To be honest it’s pretty depressing and I’m not sure what I am going to do once I graduate. " What makes this whole situation that-much-worse is that the perpetrator is Chris Holden. The guy/girl is a known malfeasant - a drinker and a partier who is always getting out of trouble because of his/her grandfather - the Mayor of Toadvine. I mean - everyone at GCHS knows that Chris is a drinker - a law breaker! S/he and his/her buddies have this thing they do on Fridays. They have all set up their schedules where they have a free period right before school is dismissed - so they get out of school early, go to McKinley Aguliar’s house, to play poker, eat buffalo wings, and drink beer. I guess McKinley’s parents are still at work at the time. I got an invitation to it over the summer and it was clear that the main purpose was to get buzzed. Aguilar was pretty adamant that I join in, but I kept telling her/him that I didn’t want to go because of badminton practice and I didn’t want to get involved in anything illegal and risk losing my scholarship offers. S/he kept trying to convince me that they didn’t do anything wrong. In fact, one time, I asked her/him point blank, “is there drinking?” S/he said “look - you got the invitation. It’s BYOB. I don’t drink, some people do. It’s not a requirement or anything. Who am I to judge?” " I have no problem judging law breakers and I was just not interested in getting involved in something like that. Anyway - McKinley should have stopped the poker nonsense right then and there - or at least after the wreck. It wasn’t long after that the cops and her/his parents put an end to it. I guess s/he’s seen the light. " I know that Holden is claiming that the wreck is my fault - that I was texting and driving that night. I don’t do that anymore. Yea - there was a time when I did. It was a problem. I was addicted. I couldn’t help but answer an incoming text whenever I got it. It led to a wreck last year. I was driving down CR 123 and texting a friend. I absentmindedly drifted into the

�15

right-hand shoulder and hit a car. The driver - fortunately, was on the phone with AAA trying to get someone to top off his gas tank. Guy was just as absentminded as I was and ended up running out of gas. Unfortunately for me, he watched the whole thing happen and saw me texting as I approached his car. No-one was hurt which was a good thing. Both cars were totaled. I was found guilty of breaking Continental’s texting-and-driving law and the judge made me go to some kind of intervention class. They even took my license away for a few months, but I got it back. Of course, I passed the class with flying colors and I have not texted and driven since. " I’m sure that Holden is going to quibble with the details. After school a few months after our wreck, he walked up to me and said that he knew that I was texting during the wreck because Terry Bell told him that we had been texting back and forth up to the time of the wreck. Holden told me that he had even seen the texts - Terry saved them and showed them to Holden. He even said that he saw a Snapchat that Terry had screen-shot and saved to his pictures. Too bad for Holden I was at a stop sign when I took that pic. I was also at stop signs when I responded to Bell’s texts. I never text and drive now - ever. But the law doesn’t say that you can’t text when you are at a stop sign. I’m sure that inconvenient fact didn’t stop the guy/girl from going to his team of hot-shot lawyers with the “evidence.” I know he is doing everything he can to avoid responsibility. His grandfather made sure that he wasn’t breath tested at the accident scene - we wouldn’t want another DUI on the record would we? Holden is doing all he can to avoid responsibility. And now he is claiming that he “couldn’t see” the stop sign because a tree was in the way - a tree that his grandfather’s city has neglected to cut down. The irony is striking don’t you think? "These are all the facts I can remember about this matter. """"""""""""""

�16

" WITNESS ADDENDUM

I have reviewed this statement, previously made by me, and I have nothing of significance to add at this time. The material facts are true and correct.

Signed,

SANDY TOBIN

SIGNED AND SWORN to me before 8:00 a.m.

/S/

Addie B. Charles, Notary Public

State of Continental My Commission Expires: 05/28/2014

""""""""""""""

�17

STATEMENT OF OFFICER TAYLOR MOSS " My name is Officer Taylor Moss and I am a resident of Toadvine, Continental. I live at 101 Morris Avenue, Toadvine, Continental 34434. I am a patrol officer and have been a patrol officer in Toadvine for 12 years. I am 38 years old. Before I was an officer in Toadvine, I worked dispatch in Springfield - did that for about 3 years after getting out of the Police Academy. I guess you will want to know about my training and such. After graduation from College at Continental State Community College, where I received a BA in Public Safety, I did the required Police Officer Standards and Training (POST) course at the Academy. Unfortunately for me, the only assignment I could draw straight out of the Academy was a dispatch job in Springfield. I wanted to patrol - I wanted to work accident scenes and try to make a difference in the world. But that was the job that was open and I did the best I could. " Fortunately, for me, I was able to find work in Toadvine. Twelve years ago the city listed a job for a patrol officer and I jumped at the opportunity. I did good work in Springfield, and the Springfield police chief wrote a glowing letter of recommendation to Mayor Holdin. I was hired almost immediately. Toadvine is a small town and we have a small office. There are six of us; the Chief, a dispatcher, and four patrol officers. Because we are such a small crew, we have a lot of autonomy. It’s great! When I joined the force, the city paid for me to attend a month long, advanced traffic crash investigation and reconstruction course at The Continental University down in Birmingport. I completed the full, advance course load and completed the certificate with honors. The course included crash investigation techniques, vehicular dynamics, biomechanics, and reconstruction. I am currently the lead crash scene investigator for the Toadvine Police Department and have been for 8 years. " I started the overnight shift on the Friday night the accident occurred. The whole thing was kind of fluke-ish because I was actually about 100 yards away from the accident when it happened. There was a local farmer here in town named Fred Brown. Fred died a few months ago - I’d guess he was about 80 or so. He has been farming here for as long as anyone can remember . . . long before the state put in CR123 20 years ago. We’ve had about 10 calls over the last month or so about Farmer Brown’s cow being in the middle of the highway. Brown is pretty salty - but I’ve been in town for a while and he seemed to be comfortable with me, so everyone on the force agreed that I should go by his farm and have a discussion with him about the cow. Turns out the cow liked the grass on the other side of the road better, so Farmer Brown was letting him roam.

�18

Anyway - so Farmer Brown and I were chatting on his front porch about the cow issue. I have included the location in the diagram I drew up. I had my back to the road during our conversation, so I didn’t see the wreck as it happened. Brown was getting pretty worked up about his cow. He said something about the government putting “that darn road in” and how his cow was losing weight. He was getting more and more agitated - started yelling about how the city wouldn’t even cut the tree down that blocked the stop sign on Rawlins road and how he was going to dig the tree out himself so that he wouldn’t get hit trying to go to the Mega-Mart in Springfield. He kept mentioning the stop sign and Rawlins Road. I’m not sure what his problem is with it - I don’t think we’ve had too much of a problem there in terms of accidents. Either way - after the wreck, the city cut back the trees near the sign and added rumble strips. Right as he was talking about the stop sign for about the fourth time, he stopped and yelled “that car’s not gonna stop!” The next thing I heard was the sound of tires screeching and a loud crunch. Farmer Brown immediately started ranting and raving - said “You see whippersnapper! I told you! This blag-nasted city doesn’t know a lick about what-a-going on. I said-I said I come close to getting in that same wreck at least once a week!” The wreck occurred at approximately 4:57pm. " I turned around and saw two cars, one black, the other green. I saw that the green car - a Honda Accord, was facing east in the westbound lane with the front crumpled in. I could see from the porch that the driver side airbag had been deployed. The other car - the black one - was in the shoulder of the westbound lane. I told Farmer Brown that we would have to talk later and I immediately ran across the front lawn and leapt the short fence at the edge of Brown’s property. I also radioed for assistance and medical support. As I got to the median, I saw a teenage man/woman step out of the green accord. S/he stumbled a few times and yelled out to me “I’m good - I’m good…I can walk. Don’t worry about me.” I then started running to the black SUV, but I remember thinking that the driver of the green Accord was slurring his words. It was pretty chaotic and I was most concerned about the well-being of the other driver. Regardless, I yelled back to the teenager from the green Accord and asked: “have you been drinking?” S/he didn’t respond. I looked back and s/he was slumped against the rear driver’s side tire of her vehicle - sitting down with her/his legs crossed. I yelled to her/him “get out of the road now!” because I was worried about other cars traveling down CR123. I’m not sure whether or not s/he moved because once I got closer to the black SUV, I saw that the driver seemed to be slumped over. " When I arrived at the driver’s side door of the black SUV, I observed a young man/woman in the driver side of the vehicle. The driver side door was

�19

heavily dented inward. The young man/woman was unconscious, but I was able to pry the door open to render immediate aid. I observed that both of her/his legs at odd angles in the car, but her/his upper body seemed to be unharmed. The victim regained consciousness very shortly after I arrived at the vehicle, but s/he seemed pretty dazed. I told her/him that medical help was on the way and I asked her/him if she could understand what I was saying. S/he looked at me dazed, with half shut eyes, and said something along the lines of “Just save me a seat - order me some of the edamame.” I didn’t know what that meant, but just as s/he started to talk again, the paramedics, a fire crew, and police backup arrived. I told her/him that help was here. " It turns out that the backup police officer was the Police Chief - Pat Jordan. I quickly informed him that I thought that the driver of the green Honda Accord may be intoxicated and that he should secure the area and perform a field sobriety test. He didn’t respond. Instead, he told me that things were under control. He then asked me to place cones and start redirecting traffic. This was odd because in these situations, my immediate job is to start investigating the scene and the backup officer’s job is to redirect traffic while the paramedics worked. I guess things are different when the Chief responds to the backup call. " I secured the area and directed traffic for about 45 minutes. Eventually, a colleague arrived - Officer Lewis - and told me that Chief Jordan wanted me to go ahead and diagram the scene. Typically, when I investigate a crash scene, the first thing I do is interview the drivers if they aren’t injured. The driver of the black SUV had been removed from his/her vehicle and taken to the hospital. Surprisingly, the driver of the Accord, who I suspected had been drinking, was nowhere to be found. I radioed the Chief, who radioed back and told me he had taken the interview and that it would be available to me when I got back to the station. Again, this was not generally our practice as support officers don’t typically interview accident victims. I am the lead investigator and I interview witnesses. " I observed skid marks in a south-north orientation - perpendicular to CR123. After comparing tread patterns and the orientation of the vehicles, I determined that these skid marks were made by the Accord traveling northbound on Rawlins road. The length of the marks led me to estimate that the vehicle was traveling approximately 25 miles per hour. There were no other skid marks at the scene. I was unable to estimate the speed at which the SUV was traveling westbound on CR123. "

�20

I usually take a look inside the vehicles to see if there is any contraband. The Accord was virtually empty. I then walked over to the SUV and saw what I usually see in a teenager’s car. I noted a green Jansport backpack and white cell phone in the passenger seat. I quickly diagrammed the accident and noted the cause of the accident. Specifically, I determined that the driver of the Accord violated Continental Code § 3-31-456 - failure to obey a traffic control device - thereby causing the wreck. True - I had not yet read the interview of the driver of the Accord - but I had enough evidence to show that s/he ran the stop sign due to the speed at which the vehicle was traveling. It was a pretty cut and dry case. I also expected to be dealing with a DUI accident. I was wrong. " After the vehicles were towed away and the scene was cleared, I returned to the station. When I got to my desk, I found a one page document, signed by the Chief. It was an interview transcript from the Chief’s conversation with the driver of the green Accord, with a note instructing me to incorporate the interview into my accident report. I was pretty surprised because it didn’t look like anyone performed a field sobriety test on the subject Chris Holden. All the interview said was that Holden was going to a friends house and that s/he didn’t even know that there was a stop sign at the intersection. Legally, that doesn’t make a difference, so I issued a moving violation for failure to obey the traffic control device. I wanted to charge him/her with DUI and vehicular assault as well, but I simply did not have probable cause to do so. " I am actually pretty angry about the whole situation. I know we are a small police department and we don’t always do things “by the book,” but I felt like this was far beyond what is normal. I feel comfortable saying this because, not long after this event, Chief Jordan retired and moved his family to Guam. No one around here has heard from him since. Anyway - I thought it was odd that no inquiry was made - especially in light of the fact that it is department policy to perform a field sobriety test whenever an auto accident occurs where there are injuries. Do I think it has anything to do with the fact that Chris Holden’s grandfather is the Mayor? I’m afraid I just can’t say. We did bust up a party at one of Holden’s buddy’s houses a few months after the accident. I know he was there because I was one of the officers that busted it up. I saw him. We were told just to give them a warning, even though I saw several empty beer bottles on their poker table. " In total - I know that Chris Holden was intoxicated on the night of April 19th, 2013 while he was driving on Riley Road. He claims that he failed to see the stop sign. Of course, that could be true. We have received several complaints regarding the stop sign, but there really haven’t been too many

�21

wrecks at that intersection. Regardless, based on my experience, I am fairly certain that his intoxication led to the wreck that we are talking about today. "" These are all the facts that I can remember about this matter. " WITNESS ADDENDUM


Signed,

Taylor Moss


/S/



""""""""""

�22

STATEMENT OF McKINLEY AGUILAR " My name is McKinley Aguilar and I am a resident of Toadvine. I live at 34 County Road 15, Toadvine, Continental 34434. I am 16 years old. Yea - I am a member of the Poker Club. We - six other folks and I - call it the Free Period Poker Society (FPPS). We call it that because we have all strategically set up our schedules so that we have a free period at the end of the day each Friday. Usually, we all go to my house to get our poker on. We have wings, soda, that kind of thing. Yes - sometimes people bring beer - but I don’t do that kind of thing. It’s really too bad that the club broke up. " Now me, I love poker. It’s all about the numbers. Probabilities you know? All these poker stars on ESPN have their sunglasses and hoodies - their gimmicks. But all that counts is the numbers. We used to play all kinds of poker. Texas Hold-em, High Chicago, Low Chicago, Five Card Duces Wild, Billy Baxter Lowball, Lame Brain Pete, Omaha Hi-Lo Eight or Better . . . heck - we even play some Five Card Double Draw Hi-Lo. You know - the classics. Always a lot of fun - well. . . it was until Chris Holden started to take things so seriously. " We never played for money. I don’t have any money to play for. It was always just for pride - maybe some matchsticks or something. Usually the loser has to drive us around later in the evening (although Holden rarely does because s/he is usually three sheets to the wind at that point). But the more we got into it, the more Holden wanted us to all “get some skin in the game.” I guess that meant s/he wanted us to start betting with real money. No one really wanted to do that - so we kept playing for matchsticks and Holden kept getting more and more resentful about the whole thing. It wasn’t long until he up and decided to quit the society. In fact, it was probably two weeks after his accident with Sandy Tobin that he walked out. I think he said something like “y’all are the reason I got into this stupid lawsuit in the first place - and I’m not getting any money out of the deal. I’m out.” That’s not really how I saw it since he made the choice to drink that afternoon - not us. " The late afternoon and evening of Friday, April 19th, 2013 were pretty normal - as far as FPPS meetings go. I usually tried to get to my house a little early just to make sure my parents weren't home. I got to my house at about 2:40pm and started setting up like I normally do. We play in the living room on my parent’s card table. Everyone usually arrives at around 2:50pm or so, although Scott Taylor gets here a little later just because he is the designated Wing-Picker-Upper. Of course, Holden bopped in a little bit later than everyone else like s/he always does. And, of course, s/he came in

�23

wearing that stupid Sam Adams beer hat. As per usual, he had a sixer in tow. " Anyway - the first thing I remember happened right before we dealt the first game. I was ready to deal - but Scott was taking a while to get the wings ready. Holden said something like “man - what’s taking old Scott-man so long.” Then s/he got up, walked through the dining room into the kitchen, and I heard him/her say “Beer me up Scotty!” Holden is big on drinking beers at FPPS - I guess s/he thought it made him/her look cool or more adult-like, but I thought it made her/him look like an idiot and a striver. A few seconds later, Scott came in with a tray of delicious hot wings and Holden sauntered in with a red Solo cup. I know there had to have been beer in it, but I didn’t take a sip because I think beer tastes awful. My parents used to call it “bugjuice” and I guess it just stuck with me. I’m pretty sure, between 3:00pm and 4:30pm when Holden left, s/he had gone back to the kitchen two or three times to refill his/her cup. " As the late afternoon went on, I could tell Holden was getting a bit tipsy. S/he got real quiet - a pretty big change for him/her since s/he is normally a chatterbox. S/he never stops talking about how s/he wants to get into home-brewing beer and maybe, one day, get into the beer distributing industry. I guess Holden feels the same way about beer as I do about poker - which I can respect. Problem is, playing poker for matchsticks isn’t illegal - drinking beer under 21, though, will get you involved in the legal system if you know what I mean. But I guess when your grandfather is the mayor and has a hold on the police department, one can get away with a little bit more than the rest of us. Of course, there were a few other indications s/he was getting tipsy. S/he also started playing some pretty reckless poker. S/he started pressing on some clearly losing hands. S/he actually beat me towards the middle of the afternoon by bluffing with a 2-7 off suit. I had the rockets! I knew s/he was drunk because s/he had nothing but a pair of twos on the flop. Of course - s/he got lucky by catching a seven on the turn and a two on the river and beat my aces with a boat. There is absolutely no skill in stumbling into a lucky boat like a confused amateur. Of course I was angry. I’m a serious poker player and I get nothing out of playing against some intoxicated, reckless bush-leaguer who may as well be playing the penny slots. " So obviously, I was happy when Holden said “alright, I’m out. Deuces!” S/he took a big swig from his/her red solo cup, tossed it in the trash, picked up his/her keys and left. I think it was probably around 4:25pm or so when Holden left. I heard about the wreck the next day - everyone at school was talking about it. When I heard, I just knew the moron was drunk when s/he

�24

was driving. I knew s/he had no business getting behind the wheel, but honestly, I was just ready for him/her to leave the house - I have no time for amateurs and fake poker players with no skill. I felt bad for Sandy. I don’t know Sandy all that well - I know s/he is really good at table tennis or something like that . . . had a bunch of scholarship offers and whatnot. But there were like 4 other people at the poker table who could have taken Holden’s keys away or told him/her to stick around. It’s not my responsibility to police everyone who goes to my house. I was really surprised at first when I heard that the cops didn’t even breathalyze the guy/girl. But the more I thought about the whole situation, the more I realized that it made perfect sense that Holden didn’t get the drunk-driver treatment . . . there is no way that his/her grandfather’s police department was going to nail him/her for that! Holden is immune from taking real responsibility for his/her actions. If s/he were anyone else, her/his life would be permanently ruined by a second DUI. But the Holdens just can’t have that, can they . . . . " It wasn’t too long after the accident that Holden left the FPPS. A few weeks after the wreck, there was a big argument between the group and Holden about whether we should play for real money. No one really wanted to start losing a bunch of cash playing cards. S/he was a real jerk about it and kept saying stuff like “not sure if you trogs realize it - but this means you can also win money.” I remember s/he kept rambling on - saying stuff like “I hate this stupid, worthless, waste of time group. You know what, if not for you guys, I wouldn’t be dealing with Sandy Tobin and all these lawyers - a real help you guys were!” It got pretty heated and s/he finally stormed out. " A few weeks after that was when the raid happened. Yea - a raid on a bunch of innocent high school students having a fun game of poker! We were knee deep in a game of deuce-to-seven triple draw when I heard someone knock on the door. I heard the person say “police - you mind if we come in?” I get nervous around the police and don’t want to cause any trouble, so I said “sure.” The door opened and like three cops busted in saying that there was a report of some loud noise and music. That was, of course, untrue because we were just sitting here quietly playing some cards. I think Scott had some sweet Zevon tunes playing on the Music-o-Fi app on the phone, but nothing loud. They started snooping around and, when they got to the living room, they saw the cards and the table and asked me whether I was the one who lived at the house. I am afraid of cops, and panicked. I said “no.” That’s what got me in trouble. They realized that we weren’t gambling, and they didn’t see any of us drinking, so they couldn’t get me on that. But they did charge me with lying to a police officer and I just went ahead and pled guilty. I had to pay a fine and do some community

�25

service. Look - I’m not going to say that Chris Holden is the reason we got raided that day because I don’t know with absolute certainty . . . but I’m not going to say that he and his “connections” aren’t the reason either. ""These are all the facts that I can remember about this matter. " WITNESS ADDENDUM


Signed,

McKinley Aguilar


/S/



""""""""""

�26

STATEMENT OF CHRIS HOLDEN " My name is Chris Holden and I am a resident of Toadvine. I live at 1359 Perseids Boulevard, Toadvine, Continental 34434. I am an 18 year old Senior at GCHS. I can say, without hesitation, that this has been one of the worst situations I’ve ever been in. I mean, how would you feel if one of your classmates was trying as hard as s/he possibly could to sully your reputation by calling you a drinker who is involved in some kind of nepotism conspiracy, take your money, and turn your “friends” against you? You would feel bad - right? Well that’s what’s happening to me. " I’m a good student. I have a 3.9 GPA and have scholarship offers to several great schools. I decided to go to Vanderland University next fall (“GO REAR ADMIRALS!”) and major in Philosophy or History. I was thinking about going to law school, but after this experience, I might have to go into the ministry or something like that - you know what I’m saying! " So I don’t really know Sandy Tobin all that well, even though we are in the same class at GCHS. I know s/he is involved in badminton and is a highly ranked player. Who knew they ranked badminton players? I also have heard that s/he has a real problem with texting and driving. I have a few friends who hang out with Sandy and none of them will ride with her / him. Heck, Terry Bell told me that s/he feared for his/her life when s/he has to ride with Sandy. I even think that there was an incident where Sandy put his/her car into another car on the shoulder of CR123 because she was snap-chatting or something like that . . . Had to go to some kind of counseling. If you ask me - texting-and-driving is much more dangerous than driving drunk. I mean - you’ve probably seen those statistics, right? The ones that say that a person texting and driving is the equivalent of someone who has a .1 BAC? " The day of the accident was pretty much like any other Friday. A group of friends and I scheduled our free period at the end of the day so that we could hang out after school. Sometimes, we would go to McKinsey Aguilar’s house and play cards. Usually someone would pick up some hot wings or crawfish, if they are in season. Friday, April 19th was one of those days where we played cards. I almost didn’t go that night. Terry Bell, another friend of mine who doesn’t play poker, was trying to get me to go with him and some other folks to see that new movie. . . I can’t remember the name now. I think it was the one with the CGI characters and that catchy song that got played on the top 40 stations - “Just Hold On.” "

�27

Usually I will stay out with my buddies on Friday night until my 11:00pm curfew, but that night I ended up going home early because of the way McKinley was acting. McKinley is a snob about poker - a real “purist” I guess. It’s kind of annoying. If you don’t play the game in a perfectly rational - mathematical precision, s/he will straight up start ripping on you at the card table. And you better not beat him / her with a lucky hand - then it gets really bad. That’s what happened the night of the accident. I think I was dealt a 2 of spades and an 8 of diamonds. Usually, I wouldn’t play this hand, but I like to be unpredictable. I think there is a tactical advantage in that. On the flop (the first three cards that go down on the table after the deal), the dealer laid down a two, an ace, and a four. I ended up catching a pair of twos. Now, in the poker world, that’s not a great hand, but it’s not nothing you know? So I started betting pretty aggressively (we play with matchsticks, not real money, of course!). Everyone folded but McKinley. " Now, when McKinley thinks s/he has a good hand, s/he starts getting really cocky. S/he starts talking in a really condescending manner that lets you know that s/he thinks s/he is a pro among amateurs. It’s ironic because s/he is so predictable in this way. That’s probably why s/he never really wins and is always the one that has to drive us around at the end of the night (loser drives!). Anyway, it’s me and McKinley and s/he goes “all in.” That just means that s/he felt so confident in his/her hand that s/he was willing to risk all of her matchsticks on this one hand of poker. I had less matchsticks than her, so I was forced to put all of mine in. Yea - it was probably a reckless move since I only had a pair of twos, but I figured McKinley was just trying to buy his/her way into a win and take the matchsticks already in the pot - s/he does that a lot. So I went all in. We turned over our cards and, when McKinley saw that I had a 2 - 8 off suit, s/he started fake-laughing. S/he said “you moron - why would you even bet such a terrible hand, much less go all in against one. I have a set of rockets, so do you just want to give me my matchsticks now and start serving us wings for the rest of the night?” " At that point, I was feeling like my night of poker was over because McKinley had three aces to my two twos. Unfortunately, for McKinley, the dealer still had to lay down two more cards - and of course, they ended up being two eights. That meant that I had a boat - a full house . . . two twos and three eights against his/her three aces. I won and McKinley flew into a rage. S/he tends to get like this when s/he loses to a hand s/he doesn’t think you should have played. I remembered she called me a “no-talent luck monger,” whatever that means. "

�28

S/he kept yelling for a good two minutes and called me some pretty nasty stuff. Finally, I said “look - my bad hand beat your good one - move on.” S/he finally stopped ranting. I had to get up and walk around after that browbeating, so I went to the fridge to grab a drink. I grabbed a Sprite and went back to the table. I know that McKinsey insists that I was drinking a beer, but his/her parents don’t even keep beer in the fridge at their house. " I got back to the table and McKinley was still stewing about the last hand, so I just kept my mouth shut. I could only handle the tension at the table for another 20 minutes or so. I decided to book it out of there pronto. I grabbed my stuff, threw up the peace sign, and said I was out. After that - I pretty much told myself that I was done with McKinley’s poker club. It just wasn’t worth it and, besides, McKinley had been talking about getting into playing with real money. That’s illegal and I don’t want to have anything to do with illegal activity. Also, McKinley is a known liar and cheater. Everyone around here knows that s/he would sell out her/his own mother if it made him/her a buck. I’m pretty sure s/he’d start dealing from the bottom or finding some other way to cheat if real cash were on the line. " My parents shot me a text message as I got to the car, asking if I was planning on coming home early. I said “yes,” and they asked if I would go pick up some milk from the Fast-Mart on the way home. The Fast Mart is not on the way home, coming from McKinley’s house. I put the Fast Mart into my GPS and it told me that the best way to get there was to cut over on some small road called “Rawlins Road.” " Everything was pretty normal until the GPS took me to the intersection between Rawlins and CR123, where I found myself in the intersection with an oncoming car. The cop says that I ran a stop sign at the intersection, but I swear there was no stop sign - or if there was one - no one could have seen it. I certainly didn’t. I’ve seen the pictures and the stop sign is completely covered by trees. I’m not sure how the cops expect people to stop for a stop sign that’s covered up - especially in the late afternoon. " When I saw that I was on a collision course with the car, I tried to swerve to the left - out of its way. That didn’t work, and the next thing I know, I’m in a pretty bad wreck. You know - the funny thing was that I crossed the first two lanes of a four lane highway. The black SUV I hit, which turned out to be Sandy’s, should have seen me coming you know? It’s not like I just came out of nowhere. My headlights were on and I wasn’t going too fast. It was as if s/he wasn’t looking at the road because s/he didn’t break or try to turn or anything. I really think s/he was texting or reading

�29

something. S/he crashed head on - full speed, into my car. If I hadn’t slammed on my breaks and veered left we’d probably both be toast now. " When we collided, the momentum caused me to hit my head hard on the steering column or the window - I don’t remember. I guess the airbags didn’t work. I remember things being all dizzy, and I felt really queasy. So I stepped out of the car and sat down on the driver’s - side tire for a second . . . just to regain my balance. Next thing I know, a cop is yelling at me. He said “you chucklehead - get out of the road now!” I guess he was right - I was pretty much sitting in the middle of CR123. But I was so disoriented and dizzy that I didn’t know the difference. " Not long after, another cop showed up. I think he was the police chief. He stood me up and asked if I was doing ok. He then asked me if I had been drinking and I said “yea.” He gave me a funny look and then asked how much I’d had to drink - and at that point I realized what he was asking me. I was so disoriented that I guess I lost my common sense. I responded “NO NO! I meant I was drinking sprite before I left. I don’t drink alcohol.” The chief laughed and said that I looked a bit “out there.” It was kind of a funny story you know? I told him that I hit my head during the wreck and he said that he was going to call my parents. He also told me to make sure that my parents got me to a doctor ASAP so they could check me out for a concussion. He asked me a few more questions after that - nothing too major or anything. We have a small town police department here and I, for one, feel like its a good thing that we have officers who will give you a ride home and make sure you are well-taken-care-of after an accident like the one I had. " I’ve heard the rumors - the people saying that I got out of trouble because my grandfather is the Mayor of Toadvine and that the cops didn’t perform an alcohol test on me because they didn’t want to get on the bad side of Pappy (that’s what we call my grandfather). Of course, that’s all a lie. The chief was pretty adamant about asking me whether I had been drinking and he would have gotten in a lot of trouble if he failed to follow the law. I’ve also heard the dumb rumors that I reported the poker game to the police to get back at McKinsey for testifying against me and spreading rumors. Again - total hockey. I would never put my friends at risk like that. Finally, there is the drinking rumor. It’s pretty common knowledge that I got pulled over some time ago - maybe a little over a year and a half - and was issued a DUI. I don’t normally drink, but that night someone offered me an O’Toole’s, a non-alcoholic beer that for some reason actually has enough alcohol in it to register. Because I am a minor, any alcohol in the system over

�30

.02, I was cited. I pled “Youthful Offender” and the whole thing is sealed up pretty tight. Pretty harsh law I think. But I avoid the stuff like a plague now. "These are all the facts that I can remember about this matter. ""WITNESS ADDENDUM


Signed,

Chris Holden


/S/



"""""""""""""""""""

�31

STATEMENT OF TERRY BELL " My name is Terry Bell and I am a resident of Toad’s Crossing, a small unincorporated village right outside of Toadvine proper. My address is 7 County Road 2, Toad’s Crossing, Continental 34433. I am 16 and am a Junior at GCHS. I hope to graduate next year and attend one of the Ivy’s to study French literature. You might say that this is impractical, but life is too short to ignore your passions. I like to think that I am a social guy / girl - I have a lot of friends and I try not to get too wrapped up in one group or another. I guess that’s why I find myself in the middle of this . . . situation. I, along with many others, know Chris Holden very well. GCHS is a small school and all of the students there are fairly close. Word travels fast and rumors tear through the hallways with alacrity. One must be careful lest you become the center of a rumor fire-storm. " I see that Sandy Tobin has recently attempted to start one of those fires. S/he says that Chris Holden is a “well known drinker.” A known strategy is to repeat a falsehood so many times that, in the eyes of the masses, it becomes truth. Sandy has done well in her/his quest to create truth from whole cloth and, even today, I have heard people whisper that Chris partakes of the bottle. Needless to say, this is false. I’ve known Chris for many years and have never seen him / her drink so much as a drop of alcohol. Moreover, none of these rumors started until after the wreck. It’s fairly obvious that Sandy is spreading this around so that s/he can deflect attention from the real cause of the accident - Sandy’s malignant texting-and-driving problem. " As I mentioned earlier, I try to be personable and friendly with a lot of people. Some might say I’m an expert networker. I think I’m so successful because I try to adopt the idiom and curious slang of my fellow classmates. When in Rome, no? Sandy is an interesting character. S/he is extremely talented at badminton. Of course, I know this because s/he never has a problem letting people know about her/his skill-set. And, for a long time, I tried to be his/her friend. I always invited him/her to movies and parties and other events around town. I guess Sandy is one of those people who is just kind of “around” - s/he hangs out, but s/he isn’t really “emotionally” available to anyone. Maybe a better way to put it is that s/he has many close acquaintances, but few friends. " I have a hunch about what the source of the problem is, though. I honestly believe that his/her borderline pathological obsession with her/his cell phone makes it quite difficult for him/her to actually form connections with other people. It happened to me! Every time we hang out, s/he spends

�32

three quarters of the time looking down at that blasted phone of his/hers and the rest of the time distantly staring off into space, as if s/he is only interested in the next text or snapchat that may or may not come through. It’s a sight to see. " And don’t get me started about driving with him/her. I won’t do it anymore. You see, before I had a driver’s license, Sandy would drive me to school because we live fairly close to one another. S/he would drive out to Toad’s Corner, which was about a quarter mile away from his/her house, pick me up, and we would go out to GCHS. It’s a wonder I am still alive. If Sandy spends three fourths of her time staring at the phone when s/he is having a conversation, s/he spends five eights of the time staring at the phone when s/he is driving a car! For a whole year, I rode with her and s/he has this habit. S/he drives with his/her left hand and keeps the phone in his/her right. S/he will check the phone - glance down - about every 5 seconds or so. It’s a tic almost - I always saw him/her do it. When a text came through, s/he would always pull the phone up to his/her face to read it. " One time I asked her/him to look at the road, and s/he said “Chill! I got this. I’m excellent at multitasking. Trust me, I can still see the road because I move the phone up to my face rather than looking down at the phone.” I was not convinced. I even saw her/him send a snapchat while driving! One time, I thought we were going to get killed when s/he was responding to a text and a car pulled out in front of us at a stoplight. The driver of the other car was turning right on red and, I guess, didn’t see us. Sandy looked up at the absolute last minute and slammed on her/his breaks. I would have stopped riding with him/her right then and there, but between going to school with Sandy and riding with the parents? What would you do? Anyway - I don’t ride with him/her anymore - at all - ever. It’s a choice because I don’t want to risk my life. " And frankly, I’m not the only one. I’ve spoken to at least five other friends who say that they will not ride with Sandy because s/he spends most of her/his driving time texting and not looking at the road. All five of them have confirmed with me their observation that s/he has this strange tic of looking down to his/her phone every five seconds or so. You would think s/he would realize that this is hurting her/his social life. It’s not a coincidence that every time she/he asks if anyone wants to ride with him/her, there is an awkward silence and people start kind of shuffling and mumbling and looking for another option. " I know Sandy is claiming that s/he stopped with the whole “distracted driving” thing once s/he hit that vehicle last year. I can tell you to a certainty

�33

that this is untrue. I rode with Sandy after that wreck when I still had to use her/him as a ride to school. The only thing that changed was that s/he started keeping the phone in the center console cup-holder rather than in her/his right hand. In actuality, that practice probably made things more dangerous because now s/he had to glance down to read texts rather than holding the phone up. And yes - the whole look-down-every-five-seconds tic was not eliminated by his/her brush with death. " I presume you would like to know what happened the night of the accident from my perspective. Before school ended, I informed Sandy that me and a few friends were going to go see that new CGI film. You know - the one with the hit song by Adele Dazeem? I guess the movie isn’t important. Sandy told us that s/he had badminton practice, but that s/he would drive out there and try to meet us for dinner before the movie. We all decided to go to the Japanese Hibachi restaurant next door to the theater before the movie. When I got there, my phone “blew up” (in the parlance of the times) with text messages from Sandy. Most of the messages were without much of a point - who was there? who was sitting by who? could I get her/him an order of edamame. That type of thing. I finally responded by asking him/her whether s/he was driving over here. S/he said “yes.” Out of concern, I then asked why s/he was texting and driving, in light of her previous “situation” with the car on the side of the road. Again, in the parlance of today’s youth culture, s/he said something along the lines of “dude - chillax! I am only texting at stoplights and that’s TOTES legal!” I’m not sure that’s true. Anyway, s/he then proceeded to snapchat me a picture of her/him at a stoplight with some stupid caption. I think it said something like “STOPLIGHT SNAPCHAT - not lying!” " Next thing we know, of course, is that Sandy and Chris had been in a terrible wreck and that s/he is in the hospital. We were all pretty upset - me especially because I had tried to get Chris to come see the movie too. But I must say that I was not surprised in the least. I knew that Sandy was due for another wreck what with her/his pathological cell-phone addiction. I feel bad for him/her and genuinely like her/him - I hope that this whole experience leads to some positive change. As for me, I hope this whole thing is done soon because I am tired of dealing with these troglodyte lawyers. """""""

�34

"These are all the facts that I can remember about this matter. ""WITNESS ADDENDUM


Signed,

Terry Bell


/S/



"""""""""""""""""""""

�35

STATEMENT OF BRADY COLE " My name is Brady Cole and I am a resident of Petoskey, Michigan. My address is 1234 Waukazoo Avenue, Petoskey Michigan 49770. I am a professor of Mechanical Engineering at North Central Michigan State University. I received my PhD in Mechanical Engineering, with expertise in solid mechanics, dynamic systems and controls, crash safety, biomechanics, and accident reconstruction. " I have, for 10 years, been the director of the Universities’ Crash Safety Education Center. We have a two-fold mission. First, we train local law enforcement in full accident reconstruction. We have a certification program that offers part time and evening classes four times a year. For full certification, officers must attend a two week training session. The second goal is to conduct research and publish papers and other materials regarding safe driving habits for both government bodies and the general public. In order to meet our goals, we employ three full time professors and two associate professors. While I am the head of the program, I also teach full time and conduct research. Surprisingly, I also find time to go into the field and conduct investigations on my own. I am of the philosophy that you have to keep your craft honed at all times. Accordingly, I make sure to conduct three or four investigations a year. " When I was contacted by Chris Holden’s lawyers about the Tobin case, I agreed because my research currently focuses on distracted driving. I have written several peer-reviewed articles on the subject, given presentations, and am currently writing a book entitled Projectile: A Post-Foucauldian Analysis of Dynamic Traffic Systems in a Road-Blind Sociocultural Milieu. I’m sure it will be a hit. " Anyway, I thought that the Tobin case might serve as a good case study for the ultimate premise of the book, which I’m sure you don’t care about. So I booked the next flight to Continental and got to work. I arrived about 4 days after the crash. I asked to go to the scene of the crash first. A lot of times, private crash scene investigators will get the police reports first, but I’d rather look at the scene first. Far be it from me to impugn the integrity of a local police crash scene investigation - but sometimes their training is subpar, which leads to inaccurate results. Of course, the vehicles had long been towed away, but there is always evidence to be found. For instance, I found it quite telling that there were skid marks in the north bound lane of Rawlins road, but absolutely no skid marks on the westbound lane of CR123. I also noted that the stop sign

�36

controlling the northbound lane at the intersection of Rawlins road and CR123 was partially obstructed by a tree branch. I observed no rumble strips or any other indication of the stop sign. Unfortunately, most everything else - shattered glass - etc. had been swept away. " The next piece of evidence I examined was Chris Holden’s vehicle. I took a look at the tire to get a look at the treads and then took measurements of the car itself. I noted and measured the relevant damage and took photographs. I then interviewed Chris for about an hour. S/he told me that he had been driving in the north bound lane of Rawlins road. S/he claims this is the first time he has travelled northbound on Rawlins and, because of that, s/he failed to note the partially obscured stop-sign controlling Rawlins and CR123. S/he claimed that, suddenly, s/he realized that s/he was in the path of Sandy Tobin’s vehicle and immediately applied brake pressure and steered his/her vehicle sharply to the left. Holden recalls a jarring crunch and then told me that his/her head violently struck the steering wheel. Holden’s account was consistent with the damage to the vehicle and the skid marks I observed earlier. " I was not given access to Tobin’s vehicle, so my next step was to obtain the police report from the station and try to interview any officers who may have been at the scene. Unfortunately, I was not able to get access to any officers present at the scene, but I did get the police report. I reviewed the observations, photographs, and conclusions. I felt that the actual underlying data of the report was fairly solid. I agreed with the officer’s conclusion that Holden was traveling 25 miles per hour through the intersection at the time of the accident. This is due to the length of the tread marks as well as the damage to the front of her/his vehicle. I was a bit puzzled that the officer was not able to estimate the speed of Tobin’s vehicle at the time. A well trained crash scene investigator should be able to extrapolate a speed from the measure of damage to the vehicle and its eventual stopping point. I did not have access to the vehicle, but I was able to look at pictures and view the diagram provided by the police department. I came up with a very rough speed of 45 miles per hour for Tobin’s vehicle. " I was also told by someone at the police station that Ed Brown, a farmer who lived adjacent to the crash site, actually watched the accident occur. I was fairly excited because, from what I understood, there were no eyewitnesses. I went out to Mr. Brown’s house and was happy to find him sitting on his front porch rocking chair. He was willing to chat. I asked him about the wreck and he gave me some good information. He was fairly upset about the whole thing and told me that the obscured stop sign at the intersection of CR123 and Rawlins Road had almost caused him to have

�37

several wrecks in the past. He told me that he had written the mayor multiple times about the sign and, surprisingly, he told me that he once offered him money - told the mayor he would pay him if the mayor would just have the tree cut down! He then described what he saw. The black car, he said, was going down the road as if nothing was happening. He said that the thing he couldn’t get his head around was the fact that the green car coming across Rawlins wasn’t going very fast, maybe 20 miles per hour or so. He said he couldn't understand why the black SUV didn’t stop or swerve because “the car had plenty of time.” I thanked Mr. Brown for his info, which helped confirm my suspicions. " In terms of the police report, I did have a problem involved the conclusions reached by the officer. Her/his report was very quick to conclude that the cause of the accident was Holden’s failure to observe a traffic control device. While I concede Holden failed to stop at the sign, I would argue that the more likely explanation is that Tobin caused the crash through a phenomenon known, in the industry, as distracted driving. In short - it is clear from the evidence that Tobin was not observing the road in front of him/her at the time of or immediately preceding the accident. The lack of skid marks are a dead giveaway and should have been taken into account by the police officer at the scene. When a trained, licensed driver is confronted by an imminent obstacle, studies show that the natural - instinctual reaction is to apply break pressure. Now, there are many methods to determine the exact reaction time, and it should be noted that human reaction time to stimuli is not a number set in stone - it is highly contextual and depends on the person, their circumstances, and their vehicle. It is fairly clear, though, that when a driver’s cognitive load is high - they are eating a cheeseburger or listening to their kids argue in the back seat or reading a text message, reaction times increase anywhere from .3 to 1 second or more. Oftentimes, this is indicated at a crash scene by the lack of evidence that a driver took evasive maneuvers. " There is no indication, in this accident, that Sandy Tobin took evasive maneuvers. As noted earlier, there are no skid marks and the damage to Tobin’s car indicates that s/he was hit, more or less, on the driver’s side door. This shows that s/he did not try to steer away from the car - a very common reaction to an oncoming hazard. Instead, it looks as if Tobin was literally blindsided - s/he probably didn’t see Holden coming at all. Another dead giveaway is that Holden had to cross the eastbound lane of CR123 before hitting Tobin. Had Tobin been paying attention to the road, s/he would have had ample time to react, based on a 45mph speed. Finally, I was later

�38

provided text message records from Tobin’s service provider. I was not able to work back in order to determine exactly when the messages were sent and was not, therefore, able to determine whether a message was being sent or received at the time of the accident. There is, however, strong evidence in the field that suggests that the mere knowledge or expectation of a future communication - a phone call or a text message - is enough to occupy a great deal of “cognitive space” and lead to driving in a distracted state, regardless of whether the operator is or isn’t looking at their device. " As a disclaimer, any crash reconstruction is just that - a model - something that is pieced together with available information. There are also other plausible theories as well. Sure - driving while intoxicated can cause a driver to miss a traffic control device, especially one that is partially obscured. Moreover, people’s reaction times vary and Sandy Tobin might have terrible response times to visual stimuli. If they had made Sandy available to me, I could have ruled that out - but I just can’t at the moment. I’ve come across a lot of people who do have bad reaction times and, frankly, some of them shouldn’t be driving. But taken as a whole, this accident is typical of those where a driver could have avoided an accident had they kept their eyes on the road. " I was paid by Chris Holden to conduct my investigation and to testify at this trial. I charged my normal fee of $5,000 for my services and incurred $800 in travel expenses, which I charged to Holden. I have also conducted investigations and testified in three other cases this year, although this is the first time I’ve testified on behalf of a defendant. The other three times I testified on behalf of plaintiffs who were injured by distracted drivers. "These are all the facts that I can remember about this matter. """"""""""""""

�39

WITNESS ADDENDUM


Signed,

Brady Cole


/S/



" """""""""""""""""""""""

�40

EXHIBITS "EXHIBIT 1 """

From the Office Of Coach Jay Bryant Head Badminton Coach Univ. of Continental "February 14, 2013 "Dear Sandy Tobin, " This letter confirms our full tuition athletic scholarship offer. Your scholarship will cover a full four years of tuition at the University of Continental in Birmingport. As you know full well, we are simply awestruck at your ability - your pristine footwork and raw fundamental deftness and your excellent hand-eye coordination and reaction time - and we believe that you could come and compete here for the National Championship. The choice is yours - we hope you make the right one. " Please let us know of your decision by May 15th, 2013. "" Sincerely " /s Coach J. """"""""""*This offer is contingent upon your remaining healthy physically able to compete at the high level required of Division I badminton players.

�41

" EXHIBIT 1 """ Coach Dubose Tubberland Head Badminton Coach Springfield College "March 1, 2013 "Sandy! " We at Springfield College really appreciated getting to meet you a few weeks ago. I know we were not able to render a decision on the spot - but as you know, badminton scholarships are competitive. We don’t just throw them out like moon pies at Mardi Gras. Which is why it is my distinct honor to officially extend to you an offer to play badminton for Springfield College’s nationally ranked program. " This offer is for a renewable yearly scholarship, contingent of course on your ability to play, for full tuition and cost of attendance. As you know, it is a special privilege to play for the Springfield Bull Croakers and we hope you make the right decision. " Please let us know what you plan to do by May 15th, 2013. "" Your Friend " /s Coach Tubbs Head Shuttlecock Coach. """""""""

�42

" EXHIBIT 2 ""

CONFIDENTIAL TOP SECRET

RULE 1 of FPPS: DONT TALK ABOUT FPPS "F.ree P.eriod P.oker S.ociety

Sandy Tobin, your presence is requested at the 2013-2014 Free Period Poker Society. "Instructions:

1: Upon registering for your 2013-2014 Glanton County High School Class Schedule, make sure to designate the final class period on Fridays as your “Study Period.” "2: Brush up on your poker skills and strategy. "3: Each Friday, arrive at 34 County Road 15, Toadvine, Continental 34434 at approximately 2:50:32p.m. Central Standard Time. BYOB. "4: Prepare to party hard. ""

THIS IS FOR YOUR EYES ONLY "

�43

EXHIBIT 3 HORIZON WIRELESS

UNIFORM TEXT MESSAGE RECORD FORM ""Horizon Wireless: Doc. 22335 Account Rep: C. K. Feldman, Regional Director, Horizon Wireless Acct #: 213-345-66764434 Phone Number 555-867-5309 Acct Holder: Janice Tobin MATTER: SANDY TOBIN MATTER DATE RANGE: 4/19/13 - 4/19/13 TIME RANGE: 3:00pm - 5:30pm COMMENTS: We have supplied you with Sandy Tobin’s text message record from the afternoon of April 19th between 3:00pm and 5:30pm. These records are kept on file and easy for us to access, so let us know if you need more date ranges. Please let me know if you need any further assistance. -CKF "———————————BEGIN TEXT MESSAGE RECORD———————————— ""555-545-5565 (3:25) Are you going to the movie tonight???!! to!555-867-5309!"555-867-5309 (3:29) Yea mom w/ frends. Starts at 6. Will call on ! to! ! ! the way home. Gotta go practice.!555-545-5565!"555-654-0101 (3:40) Word. It’s Coach Tubbs. Need to talk.!! to!555-867-5309! !555-654-1010 (3:45) No biggie - just wondering if you needed !! to! ! ! anything before you make up your mind.!555-867-5309!"1-1002! (3:50) HORIZ FREE MSG: You’ve used 100% of the data ! to! ! ! in your plan. Extra data for this cycle is !555-867-5309! ! $30 per GB. !"""! ! ! ! ! ! ! ! ! ! ! EXHIBIT 3!

�44

555-545-5565 (4:00) I know you are in practice - but ! ! !! to! ! ! you’ve gone over your data yet again. I’m !555-8685309! ! going to have to put you on a flip phone !! ! ! ! because I just can’t afford to keep paying !! ! ! ! overages. You’re on that phone too much !! ! ! ! anyway. It’s really starting to bother me. !"555-867-5309 (4:31)!WazzAAA! Can’t believe they let us out of !! to! ! ! practice early. Running to get bag. Should !555-543-2121! ! get there on time.!"555-543-2121 (4:37) Sweet action!!! to!555-867-5309!"555-543-2121 (4:45)!Hey yo - you coming?!! to!555-867-5309!"555-867-5309 (4:45) Chillax Terry. I’m trying to drive here. !! to!555-543-2121!"555-543-2121 (4:46) And Im tryin to carry on a convo home slice. !! to! ! ! since when did you b/c so strict bout that !555-867-5309! ! phone!"555-867-5309 (4:49) chi.lax. gotta wait till that stoplight !! to!555-543-2121!"555-867-5309 (4:49) What they got at that hibachy place??? They !! to! ! ! got the edemame?!555-543-2121!"555-543-2121 (4:50) “hibachy?”!! to!555-867-5309!"555-543-2121 (4:52) Come on! I’m your buddy right. Don’t give !! to! ! ! ‘ol Bell to the silent treatment. First!555-867-5309! ! rule of text etiquette is to respond!!"""! ! ! ! ! ! ! ! ! ! ! EXHIBIT 3!

�45

"555-867-5309 (4:53)!Dang Terry - i’m doin my best here. Waiting!! to! ! ! for stoplights. Also autocorrect. !555-543-2121!"555-543-2121 (4:53) You know texting is still illegal at !! to! ! ! stoplights, right?!555-867-5309!"555-867-5309 (4:54) Well in that case . . . . . ;-)!! to!555-543-2121!"555-543-2121 (4:55) Nice stop-sign snapchat!!! to!555-867-5309!"555-543-2121 (4:56) Did you get the snapchat we all just sent? !! to! ! ! Waiting for you to get here!!555-867-5309!"555-543-2121 (4:57) Did you get it?!!!???!!!!! to!555-867-5309!"555-543-2121 (4:59) Hey - did you get the snapchat we sent?!! to!555-867-5309!"555-543-2121 (5:03) Why aren’t you responding? There are plenty!! to! ! ! of stoplights between Toadvine and !555-867-5309! ! Springfield.!"555-543-2121 (5:08) Now you are just being rude. Sometimes I !! to! ! ! wonder about you. Seriously.!555-867-5309!"555-543-2121 (5:15) Sandy - where are you? We are going to have!! to! ! ! to order without you to make the movie. You!555-867-5309! ! get lost?!""""""

�46

555-543-2121 (5:28) Seriously - people are starting to get !! to! ! ! worried. I know your mom is probably upset!555-867-5309! ! about the data thing. Probably just made you ! ! ! ! go home. We understand. Just let us know you !! ! ! ! are ok.!"———————————END TEXT MESSAGE RECORD———————————— "" """"""""""""""""""""""""""""""""""

�47

! ! ! ! ! ! ! ! ! ! ! EXHIBIT 4 "IN THE DISTRICT COURT OF GLANTON COUNTY

STATE OF CONTINENTAL "STATE OF CONTINENTAL ) ) v. ) CRIMINAL CASE NO. ) 234-cr-4423-STA SANDY TOBIN ) Defendant. ) "

ORDER AND SENTENCE

Defendant has appeared and, with the District Attorney, offered a proposed consent sentence. As part of this sentence, Defendant will attend one year of counseling regarding what s/he terms a “text messaging addiction.” Defendant will also complete 50 hours of community service and will pay $75 in fines and $350 in court costs. " The Court wants to stress the unique danger to society posed by texting and driving and the relative paucity of punishments and deterrents available to the Court. To that end, the Court imposes a three month suspension of Defendant’s drivers license. Defendant’s license can be reinstated upon the presentation to the Clerk of Court of a letter from Defendant’s rehabilitation counselor showing three months of satisfactory coursework. " Accordingly, Defendant is SENTENCED. " DONE this 5th day of January, 2013. " ____/s_____________ Samuel T. Adkins Circuit Court Judge State of Continental

�48

EXHIBIT 5 TOADVINE P.D. ACCIDENT REPORT

��

�49

" EXHIBIT 5

! ""

Sketch of the accident

Impa

ct

Res

ting

Poin

t

Res

ting

Poin

t

Westbound CR 123

Eastbound CR 123

Raw

lins

Roa

dR

awlin

s R

oad

Skid

mar

ks B

egin

�50

! ! ! ! ! ! ! ! ! ! ! EXHIBIT 5 "Report of Chief Jordan’s Interview with

Chris Holden April 19, 2013, approx. 5:30pm "

Narrative: I spoke briefly with the driver of the green Honda Accord immediately after the accident. I identified the driver as Chris Holden, a 18 year old male / female. The following reflects my interview notes. "CJ - Are you ok? CH - Yea - I’m fine. I hit my head on the glass I think - on the rebound from when I hit that car. I’m a little woozy you know. I’m having a hard time thinking straight. CJ - Can you think straight enough to answer a few questions? CH - I’ll do my best. CJ - Can you tell me what happened right before the wreck. CH - I was driving to the store for my mom. I was just driving. I don’t take Rawlins road too often. I didn’t see the stop sign. It’s covered up by a tree or something - but I didn’t see it. I can see it now from here, but I didn’t see it when I was driving. I saw the other car coming and hit the brakes hard. Next thing I know I’m spinning in the car and I hit my head. CJ - Now I have to ask this - you haven’t been drinking right? CH - No - of course not. END INTERVIEW "I got Holden’s parents on the phone and told them they should probably take him to the hospital to get him/her checked out for a concussion. ""NOTE: Officer Moss, please file this with the standard accident report. " ________/s___________ "CPJ """" "

�51

"! ! ! ! ! ! ! ! ! ! ! EXHIBIT 5

ACCIDENT REPORT CONCLUSIONS "ACCIDENT DETAIL " At approximately 4:57pm on April 19, 2013, two vehicles collided at the intersection of County Road 123 and Rawlins Road. Vehicle 1, a black Ford Explorer driven by Sandy Tobin was traveling at an unknown speed westbound in the westbound lane of County Road 123. Vehicle 2, a green or blue Honda Accord driven by Chris Holden was traveling approximately 25 miles per hour traveling northbound in the northbound lane of Rawlins road. At approximately 4:57pm, the cars collided. Damage was done to both cars and both airbags deployed. Driver 1 was injured and backup / EMS was called. Driver 2 did not appear to be injured. Based on the skid marks from Vehicle 2 going northbound on Rawlins road, and an interview with the driver of Vehicle 2, I have concluded that the driver of Vehicle 2, Chris Holden, caused the accident by ignoring the stop sign controlling traffic in the northbound lane of Rawlins road. This is a two way stop and there is no stop sign controlling traffic in the westbound lane of County Road 123. Therefore, the driver of Vehicle 1 had the right of way. I also noted the absence of skid marks on the westbound lane of County Road 123. "ACTIONS TAKEN "! Based on the above, I cited Chris Holden with violating Continental Code § 3-31-456. ""________/s____________ Officer Taylor Moss Head Accident Investigator Toadvine Police Department """"""

�52

! ! ! ! ! ! ! ! ! ! ! EXHIBIT 6!""Photograph of Sandy Tobin’s Vehicle

Taken 5/30/14 !

""""""""""""""""

�53

! ! ! ! ! ! ! ! ! ! ! EXHIBIT 7

" "Photograph of Chris Holden’s Vehicle,

Taken 5/1/13

""""""""""""" EXHIBIT 8

�54

""__________________________BRADY COLE ACCIDENT RECONSTRUCTION 1234 Waukazoo Avenue, Phone: 231-555-9844 Petoskey Michigan 49770 Fax: 231- 555-6540 www.bradycrash.com "" ""August 10, 2013 "Edward Cheatham D.C.H. L.L.P. 1002 17th Street North Springfield, Continental 34566 "Re: Tobin Accident Reconstruction Date of Accident: April 19, 2013 Location of Accident: Intersection of County Road 123 and Rawlins Road, Toadvine, Continental. "ANALYSIS "This accident involves a two vehicle impact. Vehicle 1, an SUV, was operated by Sandy Tobin. Vehicle 1 was traveling in a westerly direction on County Road 123. Vehicle 2 was traveling in a northerly direction on Rawlins Road. "Based on photographs of the damage to Vehicle 1, measurements of damage done to Vehicle 2, and the police description of Vehicle 1’s final resting place on the shoulder of CR123, I have determined that Vehicle 1 was traveling 45mph. The speed limit on the relevant section of CR123 is 50mph. In addition, I have determined that Vehicle 2 was traveling 25mph at the time of impact. "As Holden approached CR123, it is apparent from the interviews I have conducted that he/she failed to notice the stop sign at the intersection. According to Holden, the sign is obstructed by a tree. I was able to verify this during my site visit. Upon realizing that he was in the middle of a busy intersection with a car approaching, Holden took immediate evasive action - breaking hard and steering sharply to the left in order to avoid the contact or mitigate the severity of contact. "The driver of Vehicle 2, Sandy Tobin, was likely not looking at the road one or two seconds before impact. This finding comes from two pieces of evidence. First, the lack of skid marks on the westbound lane of CR123 indicates that Tobin took no evasive maneuvers. Secondly, I was able to track down an eyewitness to the accident. Fred Brown, who lives next to the crash scene, gave the following account of the wreck. I recorded our interview. The following is the relevant portion of the transcript:

�55

" EXHIBIT 8 " “Well, I reckon I was talking to that whippersnapper police officer when alls of a sudden I see a car on the County Road humming on down the road there not paying a lick of attention and what have you. Kids these days and their pocket computers and all. I’vent any need for ‘em. Anyway, I see this black car whizzing by on the County Road and alls of a sudden I see this blue car come from my left. The black car didn’t even think about stopping even though it had plenty of time. It was like there was nothing there. Glad my cow Bufro wasn’t crossing the way, otherwise that young man/lady’d be buying me a new cow!” "Based on my evaluation, I have determined that the most likely cause of this accident was distraction and inattention on the part of Sandy Tobin, the driver of vehicle 1. By “cause” I mean to say that, had Tobin been sufficiently alert to the situation, it is almost certain that the wreck would not have occurred. Tobin had ample room to slow her/his vehicle and take evasive maneuvers. "Alternative Explanations "As is the case with all accidents, there is a level of uncertainty. Accordingly, it is our best practice to posit possible alternative explanations for the wreck. "1) Poor Natural Reaction Time: Some individuals have naturally slower reflexes. It is

our understanding that this is not a function of age or ability, but rather a genetic propensity. It could very well be the case that Sandy Tobin was alert and attentive, but her/his natural reaction time was insufficient to take evasive action. "

2) Intoxication on the part of Sandy Tobin: Another explanation for a slower reaction time is heavy use of alcohol or some other drug that may slow the reaction time of the vehicle operator regardless of their attention span. However, given that Tobin is claiming that s/he had just left an athletic practice, it is highly unlikely that this is the cause. "

Finally, it should be noted that, as a general proposition, it likely does not matter whether or not Chris Holden was or was not intoxicated. The stop sign at CR123 and Rawlins was almost totally obscured and I am not convinced that anyone, regardless of whether or not they were intoxicated, would have noticed it under these circumstances. """""""BRC/ket

�56

! ! ! ! ! ! ! ! ! ! ! EXHIBIT 9

"Discharge Summary

Springfield Medical Center "

Patient: Sandy Tobin "Date of Admission: 4/19/13 "Date of Discharge: 4/22/13 "Discharge Diagnosis: Fractured Left Tibia, Fractured Left Fibula, Acute Metatarsal Fracture "Admitting Physician: Dr. Kareem Johnson "Reason for Admission: Patient admitted through the Emergency Department. Patient was involved in a car accident. "Hospital Course: The patient was evaluated and was admitted for surgery to repair a left comminuted tibial shaft fracture. An intramedullary rod was successfully inserted and patient has responded well. " "

�57

! ! ! ! ! ! ! ! ! ! ! EXHIBIT 9

" No surgical procedure was recommended for a fractured left fibula and a metatarsal fracture. The leg was immobilized. "Follow Up: The patient is to schedule an appointment with Dr. Johnson in one month. "" """"""""""""""""""""""""""""""

�58

" EXHIBIT 10 "

Photo Taken 4/25/13! """""""""""""""""""""""""

"""""""""""

�59

EXHIBIT 11 "IN THE DISTRICT COURT OF GLANTON COUNTY

STATE OF CONTINENTAL ""ACCUSATION

Cont. Code § 13A-9-18.1 ""Comes now Gerald P. Animas District Attorney, in the name and on behalf of the Citizens of Continental, who charge and accuse MCKINSEY AGUILAR with the offense of MAKING FALSE STATEMENTS TO A PUBLIC SERVANT, a CLASS A MISDEMEANOR, to wit MCKINLEY AGUILAR in the County of GLANTON on or about APRIL 26, 2013 did provide false statements to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his/her home during an investigation pursuant to a neighborhood noise complaint contrary to the laws of the State of Continental, the good order, peace, and dignity thereof. ""/s "Gerald P. Animas District Attorney, Glanton County State of Continental " """""""""""""""

�60

" EXHIBIT 11 "

IN THE DISTRICT COURT OF GLANTON COUNTY STATE OF CONTINENTAL "

STATE OF CONTINENTAL ) ) v. ) CRIMINAL CASE NO. ) 443-cr-4302-AHG MCKINLEY AGUILAR ) Defendant. ) "

ORDER AND SENTENCE

In light of Defendant’s request to enter a plea of guilty in the above referenced criminal action, and mindful of this court’s finding that Defendant has entered this plea with actual and intelligent knowledge of her/his Constitutional rights, Defendant’s request, doc. 8, is GRANTED. " Parties’ joint proposed sentence, doc. 7, is ADOPTED in its entirety. " Accordingly, Defendant is SENTENCED to 1 month in the county jail, however, the sentence will be suspended upon the completion of 100 hours of community service and the payment of $50 in fines and $350 in court costs. " DONE this 10th day of December, 2013. " ____/s_____________ Angela H. Gonzalez Circuit Court Judge State of Continental " "

�61

" EXHIBIT 12 "

TOADVINE CITY POLICE DEPT. INCIDENT QUERY "

REPORT RUN DATE 5/15/14 ""PARAMETERS: [“CR 123” and “Rawlins Road”] PARAMETERS: [ONLY Auto. Accid.] PARAMETERS: [DATE 1/1/1995 - 5/15/14] "— - - - - - - - - - - Entered: 4/6/1999 LOC: CR123 + Rawlins Rd. Cat: Auto. Accid. Fatal: NO Alco: YES NARR: Two veh. trav. SB on CR123. Veh. 1 sideswiped veh.2. Veh. 1 driver intox. and charged with DWI. CLOSED - - - - - - - - - - - - - - - — - - - - Entered: 12/17/2005 LOC: CR123 + Rawlins Rd. Cat: Auto. Accid. Fatal: NO Alco: NO NARR: One veh. skids on icy road into ditch. Driver and car extracted. CLOSED "- - - - - - — - - - - - - - - - - - - - ""

�62

" EXHIBIT 12 Entered: 7/2/2006 LOC: CR123 + Rawlins Rd. Cat: Auto. Accid. Fatal: NO Alco: YES NARR: Driver veh. 1 trav. NB on Rawlins Road disreg. TCD at int. Impact veh. 2 trav. SB on CR123. Veh. 1 driver intox. and charged w DWI. Veh. 1 driver charged w failure to obey TCD. CLOSED - - - - - - - - - - - - - - - - - - - - Entered: 3/4/2011 LOC: CR123 + Rawlins Rd. Cat: Auto. Accid. Fatal: NO Alco: NO NARR: 1 veh. hydroplane into ditch. Driver and car extracted. CLOSED - - - - - - - - - - - — - - - - - - - Entered: 2/2/2013 LOC: CR123 + Rawlins Rd. Cat: Auto. Accid. Fatal: NO Alco: NO NARR: Local farmer allowed cow to wander into CR123. Veh. lost control after avoiding and ran car into shoulder. Referred to Officer Moss. CLOSED ————END OF REPORT END OF REPORT END OF REPORT

"

�63

"The Charge of the Court "

Negligence

Negligence is defined as a failure to exercise in the given circumstances that degree of care for the safety of others which a reasonably prudent person would exercise under the same or similar circumstances. Negligence may be the doing of an act which the reasonably prudent person would not have done, or it may be the failure to do that which the reasonably prudent person would have done under the circumstances then existing. Negligence is a departure from that standard of care. " By a "reasonably prudent person" it is meant not the most cautious person nor one who is unusually bold, but rather a person of reasonable caution and prudence. " Thus, each party in this case was required to exercise the foresight, the prudence and the caution which a reasonably prudent person would exercise under the same or similar circumstances. You must determine whether each party in this case has conformed to or departed from the standard of care. "General Duty in Operating a Motorized Vehicle

The plaintiff asserts that the defendant in this case was guilty of negligence in the operation of his/her automobile. Likewise, the defendant asserts that the plaintiff in this case was guilty of negligence in the operation of his/her automobile. You can appreciate that when people drive their motor vehicles on our highways, they have certain rights and assume certain obligations and responsibilities. They have the right to enjoy the streets and highways but they must make proper and lawful use of this right. They must use it with reciprocal regard for the rights of others who may be driving upon the highway, and so as not to negligently injure other persons lawfully upon the streets. This simply means that the driver of an automobile upon a public highway is under the duty of exercising for the safety of others that degree of care, precaution and vigilance in the operation of his/her car which a reasonably prudent person would exercise under similar circumstances. It has sometimes been defined as care commensurate with the risk of danger. Thus, the driver of an automobile is

�64

required to use reasonable care in the control, management and operation of his/her machine. He/She is required to make such observation for traffic and road conditions and to exercise such judgment to avoid collision or injury to others on the highway, as a reasonably prudent person would have done in the circumstances. This duty of reasonable care by users of the highways is mutual and ordinarily each may assume that the other will observe that standard of conduct in the use thereof. Negligence is then the failure to adhere to this standard of conduct.

Combined Burden of Proof: Comparative Negligence

Now where, as here, a plaintiff seeks to prove liability as to defendant, it is the plaintiff's burden to prove the negligence of the defendant by a preponderance or greater weight of the credible evidence. He/She must prove not only that defendant was negligent, but that such negligence was a proximate cause of the accident.

The mere happening of an accident itself provides no basis for liability; liability in this case must be proven.

Because defendant has charged the plaintiff with negligence, it is his/her burden to prove that plaintiff was negligent and that such negligence was a proximate cause of the accident. Defendant also must prove his/her charge by a preponderance or greater weight of the credible evidence.

Proximate Cause

Each party must not only prove the negligence of the other party by preponderance or greater weight of the credible evidence, but also that this negligence was a proximate cause of the accident.

By proximate cause it is meant that the negligent conduct of a party was an efficient cause of the accident, that it necessarily set the other causes in motion and naturally and probably led to the accident in question.

Comparative Negligence - Liability

If you find that more than one party has established his/her burden of proof as to negligence, as defined by the court, you must then compare the negligence of those parties. The total amount of negligence is 100%. The figure that you arrive at should reflect the total percentage of negligence attributed to each party with respect to the happening of the accident. A comparison of negligence is made only if the negligence of more than one party proximately caused the accident.

�65

"Violation of a Traffic Act

In this case, in support of the charge of negligence made, it is asserted that the defendant violated a provision of the motor vehicle laws. The provision referred to is known as Cont. Code § 3-31-456 and reads as follows: “The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto.” The statute in question has set up a standard of conduct for the users of our streets and highways. If you find that the defendant has violated that standard of conduct, such violation is evidence to be considered by you in determining whether negligence, as I have defined that term to you, has been established. You may find that such violation constituted negligence on the part of the defendant, or you may find that it did not constitute such negligence. Your finding on this issue may be based on such violation alone, but in the event that there is other or additional evidence bearing upon that issue, you will consider such violation together with all such additional evidence in arriving at your ultimate decision as to defendant’s negligence.

Duty of Automobile Driver to Make Observations

The law imposes upon the driver of an automobile the duty of exercising such care as is reasonable under all the circumstances confronting him/her at the particular time. This duty requires motorists to use our streets and highways with reciprocal regard for the rights of others who may also be using them. Thus a motorist is required to make such observations for traffic and vehicles which are in or may come into his/her path of travel, as a reasonably prudent person would make.

Duty of Care of Driver Proceeding Through an Intersection in their Favor.

The driver proceeding into (through) a controlled intersection, and having the right of way, does not have an unqualified right to proceed. He/She is obligated to exercise reasonable care, which includes making reasonable observations for traffic traveling on an intersection street. That is not to say that a driver proceeding rightfully into (through) an intersection has the same duty of making observations that a driver, for example, with a stop sign confronting him would be obligated to make. What it does mean is that the driver favored must make reasonable observations and depending on the circumstances you may conclude that that driver acted reasonably if he/she made only cursory observations for traffic proceeding on an

�66

intersecting street, whereas in other circumstances the same type of observation would not be considered reasonable.

Failure on the part of the favored driver to exercise such care while proceeding through the intersection is evidence to be considered by you in determining whether that driver was negligent in the operation of his/her motor vehicle.

Effect of Intoxication

The driver of a vehicle is required to exercise the care which a reasonably prudent and sober person could exercise under the same or similar circumstances. The fact that a driver of a vehicle has been drinking and gives the appearance of being under the influence of alcohol does not in itself necessarily constitute negligence. However, it is proper evidence to be considered and weighed by you, along with all of the other evidence in the case, in determining whether negligence has been established.

If a person, although intoxicated, drives his/her vehicle in a proper manner and as a reasonably prudent and sober man/woman would, he/she cannot be held liable for damage inflicted by his/her vehicle merely because he/she was intoxicated at the time. On the other hand, voluntary intoxication does not excuse his/her failure to exercise that degree of care, in the conduct and management of his/her vehicle, which would be exercised by a reasonably prudent and sober driver under the same or similar circumstances. If he/she does not exercise that degree of care, he/she is negligent, whether the failure to do so is caused by intoxication or not.

Credibility of Witnesses

You must determine the credibility or believability of the witnesses. It is for you to determine which witness or witnesses you believe or do not believe, if there are some whom you do not believe.

In deciding credibility, you may consider all of the facts and circumstances of the case, the manner in which the witnesses testify, their intelligence, their interest or lack of interest in the case, their means and opportunity for knowing the facts about which they testify, the nature of the facts about which they testify, the probability or improbability of their testimony, and the occurrences about which they testify. You may also consider their personal credibility insofar as it may have been shown in your presence and by the evidence.

"

�67

Conflicts in Testimony

When you consider the evidence in this case, if you find a conflict, you should settle this conflict, if you can, without believing that any witness made a false statement. If you cannot do so, then you should believe that witness or those witnesses whom you think are best entitled to belief.

You must determine what testimony you will believe and what testimony you will not believe.

Impeachment of Witnesses

To impeach a witness is to prove that the witness is unworthy of belief. A witness may be impeached by

(a)disproving the facts to which the witness testified,(b) proof of general bad character,(c) proof that the witness has been convicted of a crime involving dishonesty or false statement, (d) proof of contradictory statements, previously made by the witness about matters relevant to the witness's testimony and to the case.

If it is sought to impeach a witness by "b," "c," or "d" above, proof of the general good character of the witness may be shown. The effect of the evidence is to be determined by the jury.

If any attempt has been made in this case to impeach any witness by proof of contradictory statements previously made, you must determine from the evidence

(a) whether any such statements were made,(b) whether such statements were contradictory to any statements the witness made on the witness stand, and (c) whether such statements were relevant to the witness's testimony and to the case.

If you find that a witness has been successfully impeached by proof of previous, contradictory statements, you may disregard that testimony, unless it is supported by other creditable testimony. The credit to be given to the balance of the testimony of the witness would be for you to determine.

It is for you to determine whether or not a witness has been impeached and to determine the credibility of such witness and the weight the witness's testimony shall receive in the consideration of the case.

�68

Prior Inconsistent Statements: Substantive Evidence

Should you find that any witness has made any other statement inconsistent with that witness's testimony from the stand in this case and that such prior inconsistent statement is material to the case and the witness's testimony then you are authorized to consider that other statement not only for purposes of impeachment, but also as substantive evidence in the case.

Jury, Judges of Law and Facts

Members of the jury, it is my duty and responsibility to determine the law that applies to this case and to instruct you on that law. You are bound by these instructions. It is your responsibility to determine the facts of the case from all of the evidence presented. Then you must apply the law I give you in the charge to the facts as you find them to be.

Evidence, Generally

Evidence is the means by which any fact that is put in issue is established or disproved. Evidence includes all of the testimony of the witnesses and the exhibits admitted during the trial. It also includes any stipulations, which are facts agreed to by the lawyers. It does not include the indictment, the plea of not guilty, opening statements or closing arguments by the lawyers, or the questions asked by the lawyers.

Direct and Circumstantial Evidence

Evidence may be either direct or circumstantial or both.Direct evidence is evidence that points immediately to the question at issue. Evidence may also be used to prove a fact by inference. This is referred to as circumstantial evidence.

Circumstantial evidence is the proof of facts or circumstances, by direct evidence, from which you may infer other related or connected facts that are reasonable and justified in the light of your experience.

�69

The comparative weight of circumstantial evidence and direct evidence on any given issue is a question of fact for the jury to decide.

Court has no Interest in the Case

By no ruling or comment that the court has made during the progress of the trial has the court intended to express any opinion upon the facts of this case, upon the credibility of the witnesses, upon the evidence, or upon the liability, or lack thereof, of the defendant.

Deliberations

One of your first duties in the jury room will be to select one of your number to act as foreperson, who will preside over your deliberations and who will sign the verdict to which all twelve of you freely and voluntarily agree.

You should start your deliberations with an open mind. Consult with one another and consider each other's views. Each of you must decide this case for yourself, but you should do so only after a discussion and consideration of the case with your fellow jurors. Do not hesitate to change an opinion if you are convinced that it is wrong. However, you should never surrender an honest opinion in order to be congenial or to reach a verdict solely because of the opinions of the other jurors.

""""""

##End of Case Material##

Conference Notes to Teams:

Make sure to download and review the following Documents located at

www.alyig.org/judicial:

Conference Rules

Rules of Evidence

Courthouse Rules

Tips

Sample Scoring Form

Scoring Criteria

Clarifications (posted periodically)

Schedule (posted closer to the event)

Trial Schedule (posted closer to the event)

If you have questions, please refer them to your Attorney Coach or Club Advisor. If they

cannot answer the question they can ask a clarification by emailing it to:

[email protected]

Make sure to attend the district meeting for your area.

ALABAMA YMCA YOUTH IN GOVERNMENT PO Box 2336 – Montgomery, AL 36102

334-229-0035

www.alyig.org

http://www.alyig.org/judicial

mailto:[email protected]

http://www.alyig.org/