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General Aviation Mechanic Lied About Completing Annual, Hit with $13 million verdict
Charged Cessna owner for new parts, didn't install them; said he completed annual but only changed the oil. Pilot seat slips in flight, pilot is killed. (www.aviationlawmonitor.com) Más...Sort type: [Top] [Newest]
Wouldn't his actions be considered gross negligence leading to death? Would that support a charge of involuntary manslaughter?
Yeah.. to the 10th degree and above.
I agree with your feelings Joel. This was the civil trial though about money and not prison time. I have not heard if a criminal trial has been associated with this event. Maybe he beat the criminal rap and this civil judge nailed him with what he/she could.
It probably will be... You can be sure that the FAA is involved
In looking into the matter, the crash was in 2009. The statute of limitations on manslaughter has expired. I did find a reference to the court records of the civil case if anyone is interested at:
http://openaccess1.sanmateocourt.org/openaccess/civil/casereport.asp?casenumber=501501&casetype=CIV&courtcode=A
http://openaccess1.sanmateocourt.org/openaccess/civil/casereport.asp?casenumber=501501&casetype=CIV&courtcode=A
California court web sites can't be hot linked that way, it just dumps any attempt at the starting search screen. Fortunately, the case number, court code, and that it is civil court, are contained within the link. :)
Oops, my bad. Thanks for letting me know.
It is my understanding the State of California imposes no Statute of Limitations on manslaughter. ... "In California, there is no statute of limitations for manslaughter and murder. This means that charges may be brought against you at any time in your life. The prosecution must still prove you committed the crime beyond a reasonable doubt. Since the circumstances surrounding the case; degree of severity; the defendant’s state of mind and the defendant’s background are extremely important in California manslaughter cases, a good lawyer will focus on supportive documentation and testimony to prove your innocence or reduce the charges against you."
Murder has no SOL, manslaughter is different. Serious felonies ( 8yrs or more) SOL is 6 years, lesser felonies 3 years, misdemeanors 1 year. Involuntary manslaughter is 2 years, didn't find reference to voluntary. Here are the CA codes
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=799-805
(live link seems to work 8-) )
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=799-805
(live link seems to work 8-) )
It appears it just depends on what site you look at.
In Calif, manslaughter is a wobbler- the DA can pursue it as a felony or a misdemeanor. The site I posted is the Calif Law and Regs website