Comments on: Pool Company President Criminally Charged in Death of Six-Year-Old Boy From Drain Accident http://jonathanturley.org/2008/07/30/pool-company-president-criminally-charged-in-death-of-six-year-old-boy-from-drain-accident/ Res ipsa loquitur ("The thing itself speaks") Sat, 11 Feb 2012 05:48:46 +0000 hourly 1 http://wordpress.com/ By: rafflaw http://jonathanturley.org/2008/07/30/pool-company-president-criminally-charged-in-death-of-six-year-old-boy-from-drain-accident/#comment-19136 Wed, 30 Jul 2008 14:13:38 +0000 http://jonathanturley.wordpress.com/?p=2886#comment-19136 It is a sad case that is going to sadder for the company official.

]]> By: mespo727272 http://jonathanturley.org/2008/07/30/pool-company-president-criminally-charged-in-death-of-six-year-old-boy-from-drain-accident/#comment-19123 Wed, 30 Jul 2008 12:32:08 +0000 http://jonathanturley.wordpress.com/?p=2886#comment-19123 From the article:

“In issuing the warrant for Lionetti’s arrest, law enforcement officials state that he failed to have his company install mandated safety devices in the Cohn family pool.”
*******************

If these devices were legally mandated and not merely recommended by the trade group. I believe that Lionetti’s action may amount to depraved indifference–likely for profit– and he may well be undercharged:

“to bring defendant’s conduct within the murder statute, the People were required to establish also that defendant’s act was imminently dangerous and presented a very high risk of death to others and that it was committed under circumstances which evidenced a wanton indifference to human life or a depravity of mind. . . . . The crime differs from intentional murder in that it results not from a specific, conscious intent to cause death, but from an indifference to or disregard of the risks attending defendant’s conduct.” People v. Register, 60 NY2d at 274.

I think that could be proven here to the satisfaction of a jury given the age of teh victim and the likely ease of compliance.

]]> By: rafflaw http://jonathanturley.org/2008/07/30/pool-company-president-criminally-charged-in-death-of-six-year-old-boy-from-drain-accident/#comment-19114 Wed, 30 Jul 2008 11:28:15 +0000 http://jonathanturley.wordpress.com/?p=2886#comment-19114 Sad, sad case. I don’t know how I would react if my 6 year old child had been killed in this manner. If the company president had indeed been warned of the danger and had been informed of the correction that was needed, he might have a criminal problem to be concerned with. It sounds similar to the Ford gas tank explosion cases. Was that the Ford Pinto that had a tendency to explode when hit in an accident? I will be interested in following this case to hear how the criminal action turns out. The pool president should be worried. And if the allegations are true, I hope he pays for his crime(s). And what is up with the suspicious fire at his warehouse? Maybe a little desruction of evidence??

]]>