Motor vehicle homicide charge against former WEEI personality dismissed
By Jessica HeslamThursday, November 5, 2009 -
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The motor vehicle homicide charge lodged against a former WEEI sports flash guy who struck and killed a Cambridge teenager while driving drunk last November has been dismissed.
Robert Finnerty, 27, was supposed to be the designated driver and was heading home from Game On in Kenmore Square when authorities say he hit 19-year-old Michael Riley on Soldiers Field Road.
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Only in Boston can a drunk get away with killing someone. The city should be ashamed of it's self.
This is exactly why kids are not afraid to drink and drive. A slap on the wrist after killing someone while driving drunk. To say that his OUI had nothing to do with the death is just plain stupid.
Sorry, but the post that was in this spot has been removed as it did not follow our guidelines.
#956698 - Nov 5, 2009 4:10 PM EST
Allways bashing on this site. That kid would of been killed by any car who came around the corner. Do any of you know the whole story, or just jump on the bash wagon?
ponch - there are three relevant facts here:
1) Finnerty was driving under the influence
2) He hit the victim while he was driving under the influence
3) The victim died because he was hit by the vehicle Finnerty was driving while he was under the influence.
There is NO WAY OF KNOWING if any one else would have hit the victim or not. The undeniable fact is that had Finnerty NOT gotten behind the wheel after drinking, he would not have hit the victim.
1) Finnerty was driving under the influence
2) He hit the victim while he was driving under the influence
3) The victim died because he was hit by the vehicle Finnerty was driving while he was under the influence.
There is NO WAY OF KNOWING if any one else would have hit the victim or not. The undeniable fact is that had Finnerty NOT gotten behind the wheel after drinking, he would not have hit the victim.
There is a way of knowing whether someone else would have hit Mr. Riley, and that way is to conduct a full analysis of the collision. That analysis was undertaken by Massachusetts State police, which has an investigative section devoted to the mathematics, physics, and empirical study of motor vehicle crashes.
That analysis showed that no human driver could have avoided Mr. Riley as he stepped onto Soldier's Field Road mere feet in front of the car. That wasn't a legal decision or a slap on the write -- it was the conclusion of experts in the field.
Without that causation, there was no way to prove the offense. Proceeding on the charge when even police and prosecutors don't believe it to be justified would have been morally wrong.
That analysis showed that no human driver could have avoided Mr. Riley as he stepped onto Soldier's Field Road mere feet in front of the car. That wasn't a legal decision or a slap on the write -- it was the conclusion of experts in the field.
Without that causation, there was no way to prove the offense. Proceeding on the charge when even police and prosecutors don't believe it to be justified would have been morally wrong.
Had this been a unknown person,with no money, they would not have the charges dropped.Game on should have been charged too for allowing drinks to be served to intoxicated person, Just like other businesses are charged. Who owns game on? Typical corruption within the MAss. court system.
Jake W- The State police can make whatever report they want, depending on who is asking for the favor.
"That analysis was undertaken by Massachusetts State police, which has an investigative section devoted to the mathematics, physics, and empirical study of motor vehicle crashes." --- This isn't by chance the same MSP who recently undertook an investigation against one of their own, who crashed his car with a few beer cans found laying on the floor inside?
What's wrong with Judge? How could this be possible. You drink you don't drive. If you drive drunk and somebody gets killed how can you not be responsible for anything that happens. This is WRONG. I think his days are numbered. He should not have even been sitting in the car with the keys. I feel so bad for the kids family, It's bad enough that you lost a son and then the drunk that killed him gets a slap on the wrist. This guy should of gotten at least 10 years. He had to know somebody somewhere and he had to pay a lot of cash to someone to get off like he did. I hope he dies the most horrifying death.... the a-hole.
jheslam@bostonherald.com
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