My son's Teacher's 5 yearold killed by drunk driver with no License!!

[TrepMan]

Eli's Assistant Teacher's 5 yearold son was killed on Sunday by a 19 yearold Drunk Driver at 2pm in the afternoon and the guy had NO LICENSE which means NO Insurance either. Dominic's grandma was driving him and his sister Nicole to the movies, and this lowlife not only killed Dominic, but grandma is still in critical condition (luckily Nicole was unhurt) but the SCUMBAG and his passenger walked away!!!



We'll be going to the memorial service, and helping the family out. We met the family this summer at TaeKwonDoe and were THRILLED when Eli started PreK in her class. I can not even imagine the pain and thoughts that are going through the family right now, but what makes me madest is this guy's bond is only set at $50K? He is most likely a illegal and with no license is DEFINETLY a flight risk. I can only hope and pray that no one in his family has the cash to get him out on bond.



I hope that he is sent to prison for the full length of his sentence, that some REALY big guys make him their "girlfriend" and he learns the meaning of PAIN.



Sorry for the graphic descriptions, but i've had to explain to my 5 and 7 yearolds that they won't be seeing Dominic again, and Mrs. Malegni may not be comming back to class.



Driver held in 5-year-old's death



By DOUG PAYNE

The Atlanta Journal-Constitution

Published on: 11/08/04





A Cherokee County magistrate set a $49,250 bond Monday for a man accused of vehicular homicide in a wreck that killed a 5-year-old Woodstock boy, but the child's parents hope he isn't free soon.



"My little guy was just the greatest kid in the world. The five years I had with him were the greatest five years of my life," said Nick Malegni, father of Dominic, who was killed Sunday on Riverstone Parkway in Canton.



Dominic, sister Nicole, 6, and their grandmother, Antonette Russo, 63, were driving south on Riverstone Parkway in Russo's Kia Spectra. At 2:11 p.m., a Mitsubishi Eclipse driven north by Alejandro Moreno, 19, of Canton crossed the median and hit Russo's car.



Moreno and a passenger suffered minor injuries, said Canton Assistant Police Chief Jeff Lance. Russo is hospitalized in critical condition; Nicole was uninjured.



Moreno is being held at the Cherokee County Jail on charges of reckless driving, failure to maintain a lane, driving under the influence, homicide by vehicle in the first degree, serious injury by vehicle and driving without a license.

 

[fatrap]

Trep we all need to write our legislators and tell them to get off their fat butts and do something about this. My wife was bringing me home three weeks ago from having my wisdom teeth out(no comments needed) we were rear ended by a young man who had no license or insurance. He wanted to just pay us some money, like we'd really get anything from the scumbag. I held out for the police to arrive so he peeled off all pi$$ed at me. The police caught up to him. Three priors. Our insurance told us if we file a claim our insurance will go up. I guess it's my school's body shop for the fix out of my own pocket.

My former next door neighbor's kid Brian killed someone while driving drunk. Five years and he been out and rearrested several times!

Where is the justice of this.



fatrap

 

[Michael Snow]

Okay Trep, how do we fix the problem? My ex-wife got hit by a drunk driver while we were married. So I'm not a bleeding heart here. I also know a kid who killed the parents of some classmates in a drunk driving accident. So I've seen it from both sides.



There was no malice involved. It was a bad decision while in a self-inflicted impaired state. The only way I see punishment in this situation is from retaliation. I'm not saying the guy shouldn't be punished, and the only true retribution would be his death. Anything less is just futile punishment, IMHO. It's not as though he intentionally set out to hurt anyone -- poor judgement obviously. However, no amount of punishment can bring the child back. No amount of rehab can ENSURE it won't happen again.



So, there are your choices... penalize the guy for his mistake (a mistake that resulted in the death of an innocent child -- agreed), or "an eye for an eye". Anything beyond rehab and monetary restitution (which isn't likely anyway) just doesn't serve a societal purpose.



The guy could be "a good kid who really screwed up" or he could be the scum of the earth -- that is unknown at this point. Personally, I'd choose a self-inflicted lethal injection, but that's only to run away from the misery that would fill my every waking moment -- which is where the true punishment happens.



I wish you the best in the upcoming discussions with your family.

 

[TrepMan]

Snow - I disagree with the "penalize the guy for his mistake" This was not a mistake, this was (as the police have called it) in my mind a deliberate act:



1. Driving without a License. This is against the law PERIOD. I may be wrong, but the news reports i've seen did not say "driving on a suspended license" so it leads me to believe that he KNEW he didn't have a license, KNEW it was illegal, KNEW he didn't have insurance and so on...

2. He was driving under the influence at 2pm in the afternoon. Now, this wasen't some 19 yearold kid who needed to drive to the pharmacy to pick up a proscription for his sick mom and borrowed the car to do a good deed. This is a premeditated act of getting drunk, driving illegaly and NOT taking responsibility for his action.



My choice personaly, is that he NOT be held in jail for ever and use my tax money. I do believe in the eye for the eye in this case, as I do not see it as an accident or mistake.



We don't yet know the history of this guy (prior's, immigration/national status...) but I'd have the same view even if it wasen't someone I knew. We in the US have for too long lately tried to "save" these poor souls who make mistakes. This man needs to stand up to the judge and say "I accept what every punishment the fullest of the law provides. I knew I was breaking the law, I KNEW I should not have been drinking and driving and I KNEW I was putting my life and everyone else's at risk when I started that car!"



I think if we came down HARDER on more of these "kids" who are adults and making their own decisions, then LESS would be making those choices.



Thanks both of you for your thoughts.



Trep

 

[Michael Snow]

Trep, no doubt about willingly breaking the law by driving with no license, no insurance, and under the influence. I cannot argue those points at all.



However, he did NOT set out to kill someone. THAT was the "accident/mistake". There is nothing he can do to make up for that mistake -- it can't be done. The ONLY thing he can do is learn from it (IF he chooses to do so).



Now, let's take the valadictorian (which I'm SURE I misspelled cuz I wasn't one), perfect kid, no record, no drug or alcohol abuse, etc. He simply made an error in judgement while driving that resulted in a death. What then? Same 5 year old child is dead.



I see the difference between the two scenarios (other than the undisputable law breaking mentioned above) as alcohol makes the mistake more likely. So, rehab is the "cure" in theory.



It's easy to sit here an type this because I wasn't personally impacted. When you're personally impacted, it makes a HUGE difference. Stack the jury with people who have been personally impacted and the punishment changes.

 

[Steve Rizza]

Sad story...

My heart goes out to to that poor family.



Steve

 

[TrepMan]

Mike - Lets move the hypothetical up a notch since a 19 yearold is still underage in GA to drink, so again he is BREAKING THE LAW and knows it, and then to get behind the wheel is NOT a mistake again a conscious decision has to be made. Now look, I did the same stupid things as a underage drinker that a lot of you did, including driving drunk on a motorcycle with no helmet. If I had crashed and died i'd have deserved what I got. Luckily for me there was a salient moment my Freshman year (i'll save the story for another time) that changed me.



But let's take a 25 yearold who goes to a football party, has a few too many beers with his chips and dip, and drives home. To me again, HE has to take responsibility for ALLOWING that to happen, it was NOT a mistake he choose to drive drunk. If he had been THINKING he would have either A) had someone else drive him over/back that was sober, B) decided up front to stay at bubba's house till the next morning or C) stopped drinking and eat/drink water a lot before he drove home. Either way, i'm back to a CHOICE.



Now, if he was sober and was going the speedlimit would this every have happened? I don't think so. I think too many people take for granted the "privilege" of driving a 1 ton+ vehicle that is an EASY killer if not respected. We all need to THINK before we get behind the wheel of any vehicle (boat included) and then FOCUS on the task at hand, NOT distract ourselves until we are stopped driving.



I'm not preaching, i'm as guilty as the next person about fiddling with the radio, smacking my kids when they are misbehaving and the like. But, maybe this will keep one more of us from blatently breaking the law and endangering our fellow travelers.



getting off my soap box now...Trep

 

[William H. (Bill) Barham]

Oh Michael, I'm so sorry and this is heartbreaking..I almost threw this laptop across the room when I read it.

I understand Snowmans arguements but don't agree with them.

WE ALL KNOw that driving without a license is illegal. We all also know that driving while under the influence is illegal. That's why it's homicide by vehicle in the first degree. AND stop calling him a "kid"! When I was 19 years old I was in Southeat Asia fighting a war.

I'm sorry to hear this Michael and he's damn lucky it wasn't my five year old. He would not want to be out on bond!



Bill

 

[Christopher Laurencio]

Bill / Trep,



Well said, I'm in complete agreement with you. I may have missed out on a lot of fun in my life by choosing not to drink when I know I have to drive home! But I made that choice as did this 19 year old. He made a decision to drive while drunk. Growing up in the innercity I have seen quite a lot in my life involving drugs, many freinds from my teen years are dead or in jail or both! They made that choice.

My older brother is a drunk and also arrested for DWI or DUI, but I have no sympathy on him, the cops caught someone with the potential to kill another before it was to late! Plain and simple.

 

[Michael Snow]

Okay, quick story I'll share. In 10th grade, our "business law" class (remember, HIGH SCHOOL here, so it wasn't that exciting) went to see court in action. The case we went to see got postponed or settled out of court, so we went to a criminal trial. This was in 1986. There were several mostly traffic type cases. The final case was a girl who was found passed out in her car in a ditch, which she drove herself into while drunk. The got like 6 months probation or something silly like that. After the courtroom cleared, the judge asked us if we had any questions so I asked why such a light sentence for someone who had been driving drunk and just as easily could have killed someone before hitting the ditch. He got riled and told me "because she didn't". Boy have drunk driving laws/punishments changed in the last 15 years. In Texas now, a conviction is $3,000 fine right off the bat AND I think some mandatory jail time (not much though).

 

[Texas Transplant]

Sorry, I disagree with 'no malice involved'. That's just not part of the application of the law. When you choose to get behind the wheel, you become responsilbe for your actions. Regardless of whether or not you had malice or intent to hurt/harm someone.



You either know right from wrong, or you don't. If he doesn't, then that's a different pickle to deal with. In most states, the age of maturity of knowing right from wrong is 12 years old.



He needs to do some serious time. He is responsible for the death of another person, and inflicting severe harm on others.



He made choices, now he needs to understand what those choices bring.



Prayers and best wishes for all involved. Including all the other kids, who will need understanding and loving parents to help them through the situation.



Tex

 

[Gilbert Scales2]

Tex, Bill

I agree with you guys. My grandson is 6, and I would go nuts if something like that happened to him . I also have a 22 year old son, and would hurt like hell if he did something like that. However, our laws suck. If the law was if someone drove drunk, and had an accident in which someone was killed, he would get a life sentence no matter what, we would have a whole lot less drunk drivers . I live across the river from New Orleans, and daily on the news or in the newspaper you hear , read of someone getting shot by some young punk, with a 3 to 5 page rap sheet . HELLO, how can anyone have a 5 page rap sheet and be walking the streets ? If we were held accountable for our actions, instead of the bleeding hearts feeling sorry for the crimal, we would all be better off. Lawyers and PUNKS, now run this country. How can O.J. Simpson be walking free?? It is a terrible thing that happened, for both parties, except the 5 year old had no choice in the matter, the 19 year old did.

 

[Scott Hammer TOXIC]

There is no defense, lock him up......period!! Some people deserve to be incarcerated.



TOXIC

 

[Terry Hutchison]

Trep, I know how painful this is. I've been fairly close to drunk drivers and the pain they leave in their wake. About 9 or 10 years ago a guy with no insurance or license, driving his Grandma's car, ran a red light on Hwy. 19 in Clearwater, FL. and nearly killed my Dad. He fractured Dad's skull, broke his neck, and basically broke almost every bone on the right side of his body. Pop was in a coma for 3 weeks and in a rehab hospital for 7 weeks after that. My Mom heard the accident and ran up there to see who it was. She said the guy was standing there and was obviously drinking. She pointed it out to one of the cops there and he said they'd take care of it. Naturally, they never tested him for DUI, just issued tickets for no license, no insurance, and failure to yield the right of way. He got probation. My Pop's never been the same since. Im a vengeful type of guy and I still think about finding this dude and doing some baseball bat work on him.

They need to really start coming down hard on these folks. They just did a story on a Nashville TV station about people getting off on DUIs. One guy in Tennessee has 19 convictions, 150 have 12 or more convictions, and over 13,000 have 5 or more. Doesn't sound like the problems getting any better to me. They've got to stop treating it like it's just a temporary slip of judgement on these people's parts and hammer 'em. Hutch

 

[TrepMan]

I know some of my words come from anger, hurt, and pain at the loss our dear freinds will never be able to regain. And I may think differently a few days/weeks from now, but at this point if the SOB showed up at my door, i'd beat the living daylights out of him - period!



Sorry Tox, I don't want my tax $$s spent paying for this lowlife to live in prison. I know unfortunetly what he did is NOT a death penalty offense in GA, but to know every paycheck some of my hard earned cash is going to pay this idiots food, bed, water, arts/crafts... is not fair!!



Now if he was a 19 yearold and had a heart attack at the wheel and it truly was an accident, that would be different.



And Snow, your example from class, I happen to agree that unfortunetly we can NOT become the "thought police" like in that Tom Cruise flick, and put people away because they COULD have done harm, but when they do MAN we need to nail them to the wall!!!



You know what, i'm sitting here in the kitchen on my laptop after having a cold beer in the hot tub, and having another beer before bed. You know what else??? I am NOT driving - PERIOD!!! Wouldn't consider it! My boys are asleep, Beka's out at book club and no matter WHAT I want or need I will NOT A) leave my boys by themselves or B) drive under the influence. So it's MY CHOICE!! Sure, i've got the munchies and could do a quick drive up 1 mile to the Publix and pick up a box of Fat Free Ice Cream Sandwiches (got High Cholesteral so all you folks who've seen me in person/pictures that's why lately i'm eating better). But I will NOT make the choice to leave my kids. Yup 99% chance that NOTHING would happen while i was gone, they'd sleep soundly, and i'd be back and even my dogs wouldn't miss me. BUT, that is not only illegal but not ethical to leave my kids in the house and drive away even for 10 mins. So, I made the choice. This SOB did so too!!



Trep

 

[Geo. Beason]

Gentlemen:

I am a retired police officer. Traffic Crash Investigator and certified DUI instructor. The main reason I think the laws will never change to make a big difference ........ What is the percentage of law makers that don't drink. These legislators don't want to potentially put the noose around their own necks. I could go on and on on this but it still doesn't help families deal with the loss of a loved one. My heart goes out the this family.............

 

[Scott Hammer TOXIC]

Geo is right and Trep, I will gladly pay my fair share to make sure that this guy never gets behind the wheel again and has a long life rotting in a jail cell reflecting on his "momentary lapse of judgement". Remember, nothing and I mean nothing will bring that little boy back and likewise nothing will take away your anger. I think if they gave you a bat and let you beat this guy into silly putty, in the end you would still be in pain because Dominic is still gone. That's the sad truth about revenge.



TOXIC

 

[TrepMan]

Update on the slimebag...



An illegal immigrant living in Canton faces vehicular homicide and DUI charges stemming from a fatal accident Sunday afternoon that killed a 5-year-old boy and seriously injured his grandmother.



Alejandro Moreno, 19, is being held at the Cherokee County Adult Detention Center, with bond set at $49,250. He also faces one count each of serious injury by motor vehicle, reckless driving without a license and failure to maintain lane.





S0, tell me why an "illegal immigrant" had BOND set?? I thought if you were illegal it meant you were NOT in this country LEGALY, thus isn't that the BIGGEST flight risk you can think of??? OK I slept on it and i'm a LITTLE less angry on the drunk driving bit, though still 100% feel it is a CHOICE. BUT, this illegal and getting BOND!! Nope, he first needs to be in Federal prison for breaking the laws of our country, along with the guy who is employing him (unless he produced fake documents and the employeer THOUGHT it was a legal resident/alien).



I'm sorry, something is TERRIBLY wrong with our laws when someone is flagrantly breaking our federal laws, and THEN chooses to drive w/out a license, drink and drive - period!!



Trep

 

[Rich D]

Trep,



I am sorry to hear about this tragedy.



Rich D

 

[Barry Loos]

Trep:



If the guy is an illegal, he might not be totally aware of the rules of driving in this country. Where he's from, he might not need a license to drive and/or it might not be illegal to drink and drive.



That being said, he is subject to the international laws of the government having jurisdiction where the crime took place. He was in the US and it is against the law in every US state to operate a motor vehicle on a public road without a.) a motore vehicle operator's licence and b.) operating a vehicle while intoxicated. He broke the law so he should be punished. The decision is what is the correct punishment.



If he has a jury trial the jury will ge a chance to evaluate the individual and then make a decision. If he waves a jury trial, the judge will cast sentence after he decides the correct punishment.



If any satisfaction is realized for the family, it would be knowing this individual is off the streets if he is incarcerated. If he walks they will feel their loss was doubled.



This is another sad story with no way for a happy ending. And what is also sad is that as screwed up as our legal system is, it's still about the best in the world.



I'm sorry for everyone's loss.



Da Bear

 

[Frank Boncore]

Sorry to hear about this tragedy, I can't imagine the parents pain. I will keep them in my prayers.

As for the person responsible for the death of the child, Justice will be served! if not in this life then in the next.

 

[Bill McElroy]

..put him in jail and throw away the key,....then let the ACLU try to "find it"....



When you come into this country (legally or illegally), you should be forced to follow the rules,....speak the language,..pay your taxes,...and be held responsible for your actions......period!!



The death of a child is bad enough,....but when it could have been avoided,..it's unexcuseable IMHO!!....

 

[TrepMan]

Da Bear - good points, the latest article in the news says he is employed in the area, so if he's been working in the US (not just here illegaly for a weekend vacation) then again he has the responsibility to know our laws. I would expect if I go to Mexico/France/Peru and the like it would be MY responsibility to know what laws apply to me.



Thanks all for your prayers and concern. It will be tough tonite, we're going to the funeral home for a visitation with the family.



Trep

 

[JR F]

I really worry about my grand kids everyday...I haven't seen as much of It here we really don't get that many since they lowered the limit to .08 thats like 2 beers for some..

The big problem Is they don't give much time when someone does It..Should be mandatory sentence but It will never happen..

I feel so sorry for the family but that won't bring the child back....It takes legislature to do something.....VOTE....Jr

 

[Shannon Daves]

Buddy of mine worked that wreck Trep...sounded bad.



Sorry to hear about it.

 

[Donnie Matney]

Amen on "speak the language".



Trep my prayers are with the family.



Donnie

 

[TrepMan]

Scooby - I saw the news clips with the picture of the grandma's car on the flatbed, it was completly demolished, Nicole (the 7 yearold) was very lucky to walk away from this.



Saw the family at the Funeral Home last night, they are doing as best as they can, and appreciated all the outpouring of support.



Thanks everyone for the prayers and support, it will take this family a long time to recover, but the community is out in force.



Trep

 

[William H. (Bill) Barham]

You're a good man Michael... I'm sure you will help that family any way you can. I'm also sure that you are aware that if you need anything from anyone here, all you have to do is tell us what it is. Nancy and I are praying hard for them.



Bill

 

[TrepMan]

Thanks Bill, yes we know that everyone on this site as we have for others that need help are always there for us.



Trep