Homicide Without Consequence, A Sad Story

[XLFD]

I was made aware of this story by a front page blurb on the City of Ludington Daily News this Monday.  Clinically, it told of a young Allendale boy getting killed on the shoulder of the road up in Leelanau County, and little more.  I had to investigate further, because I couldn't tell what really happened.  I found an article on Mlive from the Grand Rapid's Press that told of the human tragedy of it all.  And it's a tearjerker.

 

'That car never veered, it just came right at them,' grandfather says of crash that killed Allendale boy riding tricycle

ALLENDALE, MI -- Gavin Punter couldn’t wait to go camping with his grandparents.

As he and his grandfather drove north Saturday night to the family’s site near Lake Leelanau, he bubbled with excitement, hardly able to sit still.

“Do you always talk so much?” Harold Punter recalls asking of his grandson, the hint of a smile in his voice. The two were close and enjoyed spending time together.

“I’m just happy about going camping,” the young boy responded.

It didn’t take much to bring a smile to Gavin’s face, family members say.

But plans the young boy had for toasting marshmallows and taking in hot dogs—his favorite—came to a halt early Sunday morning, just one day into the Allendale family’s vacation.

Four-year-old Gavin was struck by a mini-van while riding his tricycle along Lakeshore Drive in Cedar. He died at the scene. The vehicle narrowly missed the boy's grandmother, who had been walking at his side.

Police say the driver, Gertrude Shorter, 62, of Kasson Township, continued on but turned around before police arrived.

Sheriff's deputies were called to the scene at 8:39 a.m.

Speed or alcohol are not believed to be factors in the crash, Leelanau Sheriff’s Lt. Cliff Kerr said Monday, but police are awaiting the results of toxicology tests. Police will forward a report to the prosecutor’s office for review and possible criminal charges.

There was no indication of cell phone use in the minutes before the crash and it appears Shorter had a clear line of vision, Kerr said. Authorities continue to investigate what caused Shorter’s van to leave the roadway.

Harold Punter recalled that morning and plans he and his wife had to attend church with their grandson. They had to walk Coco first— a young Cocker Spaniel-Shih Tzu mix Gavin thought the world of.

Gavin, still dressed in his John Deere pajamas, grabbed his tractor-style tricycle for a quick ride with his grandmother, Punter said. The boy wanted to help.

Harold Punter spoke with his wife after the accident.

Three cars appeared as they moved slowly along the shoulder of the road. Two passed, but the third one—a mini-van— seemed to be headed off course. Punter’s wife and the boy moved as far over as they could, he said, but couldn’t move fast enough.

“That car never veered, it just came right at them," Harold Punter said.

Gavin died at the scene, along with the dog he cared so much for.

Harold Punter spoke of his grandson as a “loveable kid” with an energy and enthusiasm that were contagious.

The boy lived for adventure and enjoyed fishing and spending time outside. Whenever he visited his grandparents’ Allendale farm, he’d help feed the animals and enjoyed tractor rides with his grandpa.

Gavin looked out for others, Harold Punter said. When his grandparents arrived up north and realized they had left dog treats at home, Gavin told them he had that handled.

“Don’t worry, grandma, I put a bunch of them in my backpack,” Harold Punter recalled his grandson saying.

Gavin was to begin preschool this fall at Allendale Christian School.

http://www.mlive.com/news/grand-rapids/index.ssf/2012/07/that_car_n...

 

Walking on the roads is always dangerous, as this incident shows, even on the shoulders.  Even when you correctly walk against traffic you always run the risk of being hit and not being able to avoid it.  Sidewalks can't be feasibly put everywhere, but they should be used on places where pedestrians do their walking.  Curbs save lives. 

But what will occur if the results from toxicology come back negative.  The laws for motor vehicles are limited in finding guilt of any kind when a motorist veers off the road and kills a pedestrian, bicyclist or in this case, a tricyclist.  The driver probably can't be charged with negligent, reckless or careless driving in this case, as they are defined.  This is why we need laws that establish a safe distance for passing bicycles, motorcyclists, and pedestrians (BMPs), so that when one gets struck through no fault of their own, the driver can be found at fault for doing so, and pay some public penance.  Instead of saying "oops" and rationalizing their innocence because they do not get charged with anything.