Don't work as a county government insider, accidentally kill people, get charged.

Mason County Sheriff Department CO Michael Hayes(?) recklessly(through tired driving leading to distraction and inability to pay attention to the road) kills a boy while driving home from work, no charges are pressed!

Yet a  "commoner" who isn't part of the "inner sanctum' of county employees pulls out from behind a blocked sight vehicle to pass and kills two people.

I wrote in Susan Kasley for Prosecutor, Paul Spanoila is a slimy looking guy who appears to have no ethics. Let's get a real prosecutor who cares about keeping the people of our county safe from ALL the world, not just the ones who aren't on the county payroll.

FROM LDN:

Charge filed in accident that claimed life of two motorcyclists

Friday, November 2, 2012

A 41-year-old Ludington man involved in a May 27 minivan/motorcycle accident on U.S. 31 that resulted in the deaths of two people was arraigned Thursday on a charge related to that accident.

Matthew Ryan Millspaugh was arraigned Thursday on a charge of moving violation causing death for the accident that killed Carol Lynn Berenbrock, 54, and her husband Gary Lee Berenbrock, 59, of Conklin, Michigan, according to Mason County Prosecutor Paul Spaniola.

The accident occurred about 1 p.m. Sunday, May 27 on U.S. 31 near Fountain Road.

For the complete story see today's Ludington Daily News available at the newsstand or online in the eEdition. Call 845-5183 to subscribe and have the Ludington Daily News, the most reliable and comprehensive source of local news, delivered to your home, office or computer.

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Millspaugh got a fine and community service, which is an appropriate punishment for this.  I think it's a good judgment.

http://www.masoncountypress.com/2012/12/04/millspaugh-receives-comm...

Mr Millspaugh crossed the center line of the road, in a no-passing zone, into oncoming traffic.  Mr Hays was travelling straight ahead, past a vehicle which was illegally stopped in the left-turn lane and the child ran into his path from behind the stopped vehicle.  For you to say that he was being reckless simply because he had just finished his shift at the jail is to imply that EVERY PERSON on the road after work is just as reckless.  I'm sorry, but your logic here just doesn't add up.

I have to agree, I didn't think Mr Hay's was at fault either.

Sorry X but I have to disagree with your assessment of both situations. I think Mr. Millspaugh got off easy. From what I've read I will bet he was tailgating the truck or following to closely because if he were driving at a safe distance he would have / should have been able to stop in time. If he had been following at a safe distance he must have taken his eyes off the road for a longer period than he claims so what was he doing while driving that would have caused him to not see the truck in time?

In my opinion Mr. Hayes did nothing wrong. If driving tired after work is a crime then we're all guilty of that act and it certainly would not fall under the category of driving recklessly. The prosecutor was correct in not charging Hayes but instead should have charged the boys father and I am truly surprised that did not happen. Both cases were tragedies that should not have happened and I feel sorry for all of those involved. 

I think you may be surprised about what I have uncovered in the Darius Vanbrook incident, Willy, but I am still getting some more on that, so I will hold my tongue before certain things can be confirmed.  As of this point, I have only questioned his ability to both "not have seen the kid" and to have seen Darius "quickly dart in front of him." in the original thread on the accident.  And comment on how he may have missed seeing the kid cross a couple lanes of traffic.  This could be the fault of the news media, or the Undersheriff relating the info.

I think the laws as they exist make it difficult to prosecute cases like these successfully, even if it is shown that the negligent driver was distracted or otherwise driving negligently.  Therefore, Mr. Millspaugh would have got less than I believe he should have, but got more than what the law usually prescribes.  I agree with Jane that the police agencies have treated these two cases differently, and will reveal more as the information becomes available.   

Since when is it good judgement for any vehicle operator to ignore and pass a vehicle stopped in the left lane on a main drag at any time of day, let alone a MCSO employee? Since when does one agency get handed a traffic fatality to investigate, and another that is supposed to be in conflict, also investigate it? Since when does two similar fatality accidents get compared as totally different because of the drivers?, and also have very differing charges either brought, or dropped? Willy and others made some very valid points that I also agree with, but I think there is more to this scenario that everyone needs to hear and think about too. As the information is coming soon and will be available for all to digest. Jane and X have yet to get their entire stories out, patience is a virtue.

The vehicle was stopped in the turn lane, not in a regular lane of travel.  Mr Hays was OFF DUTY when the incident occurred.  Had he been operatingin an official capacity, another agency would have been called in to investigate.  If there had been any appearance of impropriety on the part of the Department, I don't think Sheriff Fiers would have thought twice about asking MSP to step in.  As was said above, Mr Hays did not violate any laws pertaining to his specific incident, while Mr Milspaugh committed a moving violation which resulted in death (a misdemeanor).

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