Category: Conviction

Officer Sentenced for DUI Accident which Injured 3

girard

On Wednesday, December 7th, a former Philadelphia police officer was sentenced to 11 ½ to 23 months in jail in relation to a car accident on February 20th, 2010 which injured two state troopers and a tow-truck driver. At 3:30 a.m. a police cruiser and a tow-truck responded to an abandoned vehicle on I-95 near Girard Avenue. Off-duty Philadelphia police officer, Matthew Sharkey, 25, was intoxicated when he drove his personal vehicle through the warning flares and rear-ended the parked police cruiser.

State trooper, Matthew Sheeran, whose legs were crushed between the police cruiser and the abandoned car as a result of the accident, sustained the most severe injuries. Matthew Sharkey, a member of the Philadelphia police force since 2007, was fired following the Pennsylvania car accident. In June, Sharkey pleaded guilty to aggravated assault by vehicle while intoxicated and other charges related to the accident. Matthew Sharkey is expected to report to prison on January 3rd to serve his sentence, which is accompanied by six years of probation.

We hope that the three victims injured in the February 2010 car accident on I-95 are able to make a full recovery from their ailments.

According to Pennsylvania state law 3735.1, aggravated assault by vehicle while driving under the influence is defined as “any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury.” This law defines “serious bodily injury” as “any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”

If you have been injured in a motor vehicle accident, you can learn more about your rights as a victim by contacting a car accident attorney in New Jersey or Pennsylvania. You may be entitled to financial compensation for damages suffered in relation to the accident. For over 17 years, the award-winning personal injury attorneys at Console & Hollawell have been serving victims and their families in NJ and PA. With a 97% success rate, the attorneys at Console & Hollawell dedicate their time and expertise to obtaining the maximum compensation for each client.

Tweets Lead to Overturn of Murder Conviction

Verdict

Today it is almost impossible to remove yourself from the digital world; we are constantly connected to the Internet. No matter where we are we are always just a few clicks away from checking out the latest news and videos or updating social networking sites. With this constant connection to the Internet it has made many start to question—have we gone too far?

We, as a society, may have just taken our need to share online to new, dangerous heights. Last week, the Arkansas Supreme Court tossed out a murder conviction and believes death row inmate, Erickson Dimas-Martinez deserves a new trial, the Associated Press reported. All of this is the result of one jurors big mistake—Tweeting.

The juror who caused all of this is Randy Franco. The judge instructed all jurors at the start of the trial that they were not to discuss the case with anyone whether in person or on the Internet. The AP reported that the judge specifically mentioned that jurors were not to use their cell phones or Twitter before opening arguments in the trial.

Despite the warnings, Franco still Tweeted several times during the trial such as,”Court. Day 5. here we go again,” and “The coffee sucks here.” When Franco had to defend his posts last year to a lower court he stated that the Tweets did not reveal anything about the case—that satisfied the lower court judge. This same defense was not acceptable in the eyes of the Arkansas Supreme Court, however, and now a convicted murderer may get a lesser charge than he did on the first trial.

This calls into question many things. First of all, did Franco have a right to post the musings he did? After all, he did not reveal any specific about the case, therefore are his statements protected under the First Amendment? However, the AP spoke with Felecia Epps, a criminal law teacher at University of Arkansas at Little Rock, and she asserted that the issue here isn’t one’s right to tweet it is about the accused’s right to a fair trial.

Our society cannot seem to control the impulse to tell the digital world of our every thought and action. Many times social networking sites have been deemed a distraction, but now it’s to the point where social network users are even freeing murderers. It really makes one give some thought to the dangers of the digital world.

Dimas-Martinez was originally sentenced to death in 2006 for the robbery and murder of 17-year-old Derrick Jefferson. The AP reported the state has not made a decision about what it will do next.