By Mark David Blum, Esq.
Soon, Hon. William Walsh of the Onondaga County Court is going to pass sentence upon James Carncross. Convicted after trial of manslaughter in the death of New York State Trooper Craig Todeschini, young Mr. Carncross faces a range of sentencing from probation to ten years in State Prison. Before Judge Walsh and the rest of us, stands a young man at a cross roads. The decision made will last well beyond any tenure the Judge may have on the bench. If this young man is sent to prison, we know the man who eventually comes out will be of far lesser value to society.
I do not speak as counsel for any party, but rather as a private citizen. I can say with true honesty that every lawyer and judge with whom I have discussed the Carncross conviction all believe it was an over-prosecution. Certainly former fighter pilot and speed demon Bill Walsh remembers the days and times when he too crossed that red line because the opportunity presented itself.
As a citizen of this community, I will join with many others in outrage if Mr. Carncross receives a state prison sentence. Recall that Mr. Carncross was convicted because a New York State Trooper involved in a chase died after he lost control of his vehicle while driving at high speed around a sharp turn and while talking on the radio and cell phone. The public’s heart mourned the loss of the Trooper. But to turn our pain into a bloodlust for a teenager is a larger shame.
Trooper Todeschini was a good man who did an honorable job. His death was untimely, tragic, and probably avoidable. The more than one thousand five hundred mourners at his funeral was a broad understatement of just how deep and sad is our community at his death. I have done ‘business’ with Craig in the past and have never known or harbored a negative opinion of him. His wife, children and family are owed a great deal by our community. We will never forget them or him.
My knowledge of the specific facts of this case is limited to what I read in the news and a few tidbits here and there of inside information. The Trooper died from injuries suffered in a collision with a tree when he failed to negotiate a curve in the road. Despite modifications, the SUVs used by the State Police are not built for high speed pursuits. Apparently Craig lost control at a speed of less than 50 miles per hour and was killed upon impact. It was a pointless death. He spotted a motorcycle traveling at what he reported as traveling in excess of 100 miles per hour and turned around to give chase.
Because Craig was killed as he was beginning that chase, our local District Attorney successfully prosecuted the motorcyclist for manslaughter. To him and to a large segment of our society, “blame” and “punishment” were required. Someone has to pay and suffer for the Trooper’s death. Mr. Fitzpatrick himself tried this case and continues doing his best to make sure the speeder does some serious hard prison time.
In the flurry of ‘get tough’ and ‘protect our police’ laws passed by Republicans in the moments and hours after 9/11, a new law was added here in New York that made it a serious felony to engage in an act that results in the injury or death of a police officer. Our lawmakers capitalizing on the sentiment of so many rescuers dead in the Twin Towers, used the passions of the moment to raise up our police officers to a higher social status, such that if you dare and harm one hair on their bodies, you will go down for a very long time. We already had a felony assault charge on the books for that purpose. Still, that was not good enough and pandering politicians needed to look tough on crime.
New York’s Court of Appeals has sided with prosecutors on this question. There was a case where a police officer was in foot pursuit of a fleeing suspect. The suspect jumped a wall and ran across a busy highway. Following the suspect, the police officer went over the wall, but fell upon landing. He was hit by a passing car and killed. The conviction for manslaughter was upheld on appeal.
Consequently, my legal position on this question is irrelevant. Persons smarter and more-well read than am I, are seemingly content with a world such as this. What more can I add other than to say that I do not believe there is any social benefit gained beyond misguided application of raw vengeance and the destruction of more lives.
Imagine if instead, Mr. Carncross was in an old clunker with a smoking muffler and blaring music going 15 miles an hour over the posted speed limit. Imagine too that everything else that happened thereafter, did so: Namely, the trooper turns around to give chase and pull over the driver for minor vehicle and traffic violations … and again, fails to negotiate that turn and is killed. What if the trooper sneezed and crossed the line and was killed? It is now going to be part of the defense to ask the jury to determine whether the chasing (and now deceased) officer did everything technically proper for operating the motor vehicle? I am firmly of the opinion that our hatred for Mr. Carncross is in great part, predicated upon the revulsion and snobbish dislike of people who ride motorcycles.
Likewise playing a part is the fact that instead of 15 miles per hour over the speed limit, Carncross was more likely going 50 miles over. Then, we add in his age and lack of financial wherewithal, his apparent criminal history, and his failure to surrender himself … together with the public outrage at a website: Combined, all those factors made for a cocktail that had prosecutors drunk with excitement with their high profile conviction.
The issue is not about … ‘taking the ticket’. Any fool who runs from police merely to avoid a speeding ticket or other traffic matter is an idiot. Yes, that should be a separate criminal matter. But just fleeing, without more, should not result in building more prisons. If the fleeing person is just “fleeing”; in other words, not stopping, there is a misdemeanor charge available. It is called “resisting arrest”. If the fleeing suspect enhances his criminal behavior by reckless driving, or causing major damage or injury to others in the process, there are serious charges available to add onto the initial vehicle and traffic violation. Merely “fleeing” without more, should not cause a citizen to lose his liberty for more than a decade.
On any given night on the South Side of Syracuse, police employ a tactic that I like to call a “gang rush”. When not otherwise occupied, police will spot a group of young people standing around. Police will then gather about a block away; perhaps as many as five or more officers are involved. Suddenly, the police will break into a run and charge toward the group standing on the sidewalk. Whoever runs from that charge is going to be targeted for a stop for “resisting arrest” and then searched and run through the system. I have spoken to many kids in local schools who tell me that they run from the cops just because a gang of cops is suddenly charging toward them and the kids are scared. Suppose, one of those officers trips and falls and skins his knee ….
In part, Craig died and we are all crying today still, because of the social trauma we suffered back in September of 2001. In our national anger, capitalized upon and manipulated by ‘some’ folks in government and politics, we all became captives to our own ache for vengeance. We now live in a world where we have to “get” every offender. Nobody is allowed to escape. Even the smallest of offenses buried in the closet from decades ago, are coming back to haunt people thanks to algorithms put in place by Homeland Security. Do some research on the The National Driver Registry and you will see what I mean.
Perhaps if we dialed back our efforts at enforcement of the smallest violations of the law we could return to a kinder more gentler society. So, Carncross was going 100 mph. Let him go. There are better ways to capture an escaping speeder; like get it out on the radio and slowly search for him … if it is that damn important. How many blue bikes were there and how hard was he to find? Did Craig have to die for the energy to be expended?
A big part of my perception of what brought on Trooper Todeschini’s death was the need to capture and get the sonovabitch who just blew by him. It was just a speeding violation or at worst, reckless driving. Craig did not need to blow his engine and drive himself into a tree for something so petty. Mr. Carncross should not be imprisoned for the next two decades because he was engaged in age appropriate misbehavior.
I would also add as a side note that if I had a motorcycle or muscle car and I was on a wide open highway that was dry, clear, and without impediment, I might too be tempted to open it up and see what the honey can do. A sad but true fact of motor heads is that speed is part of the thrill. Doing it on a busy highway or on public streets is pure stupid. But the happenstance of coming upon a trooper in the middle of nowhere on a Sunday afternoon is rare and the risk is low and yes, we all take liberties at times. The question becomes one of reasonableness.
With all due respect, I must disagree with those who cry out for a lengthy State Prison term for Mr. Carncross. The Trooper did not die defending us from speeders on motorcycles. He lived and died defending the constitution and freedom. This prosecution was a 5,000 pound sledgehammer used to swat at a fly. The conviction did not ease our pain nor bring back Craig. Any heavy handed sentencing will just spread more of the pain and ruin more lives. In doing so, society is not bettered.
