There is a highly disturbing story out of Florida where Kayla Mendoza, who describes herself as the “pothead princess” and seems to tweet only about being high or drunk, allegedly killed two women by driving the wrong way on a highway. Shortly before the accident, Mendoza tweeted “2 drunk 2 care.”
Mendoza rammed her Hyundai Sonata into the 2012 Toyota Camry of Marisa Catronio who was pronounced dead at the scene and her passenger, Kaitlyn Ferrante, who died later. Mendoza survived with serious injuries.
The tweets discussing being high all of the time as well as posted pictures of drugs reveals a 20-year-old woman who appears to have the maturity of a pre-teen. She is obsessed with showing other people that she is high or drunk. She also has created an ideal case of vehicular manslaughter, though she has not been charged.
There is also the obvious basis for tort liability for battery and negligence, though the “pothead princess” is an unlikely source for damages. Nevertheless, such damages cannot be set aside in bankruptcy and allows a family to garnish her wages for the rest of her days — forcing a monthly reminder of the costs of her reckless lifestyle on two families who will never see their loved ones again.
782.071 Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
(1) Vehicular homicide is:
(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. The person failed to give information and render aid as required by s. 316.062.
This paragraph does not require that the person knew that the accident resulted in injury or death.
(2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.
(3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section.
(4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.
Steve she was high and drunk. the last tweet of to drunk to care was posted along with a huge bag of weed and a blunt. so she was both..
and the reason she hasnt been charged yet is the DA is waiting for her tox reports to come back. i would guess when that report comes back they will figure out the appropriate charges for her.
i bet she cares now. her life as she knew it is over and even though its to late for the 2 beautiful girls she killed. one of whom was celebrating her 21st birthday. the girls were on their way home.
this mindless twit thanks to her need not to want to deal with reality while sober. has taken 2 promising lives.
according to other articles and posted tweets its all she posted about all day everyday. and as another poster said.. she’ll now get to post. im a murderer for the rest of her miserable life….
Listen to me. I’m 69 and, sorry to say, in my life I’ve driven when I was high & when I was drink, many heard ago, not so much lately. Let me tell you, being drink is much worse! I actually believe I drove better, a little high. This ‘dittzey’ woman/girl is guilty of murder! No question.
things to remember #1 if you are driving down an interstate and the reflectors in the middle of the road are red, turn around.
The term “depraved indifference” has perhaps been bandied around the district attorney’s office. They might try to bump this up a notch to murder based on that tweet.
The “Pothead Princess” should be charged with depraved-heart murder.
Manslaughter? Yes. Murder? No.
Martin Heidgen’s ‘too intoxicated’ murder defense rejected
Originally published: November 21, 2013 10:14 AM
Updated: November 21, 2013 10:02 PM
By ANDREW SMITH andrew.smith@newsday.com
New York State’s highest court upheld murder convictions yesterday in three driving while intoxicated crashes, including one in which a man drove the wrong way on the Meadowbrook State Parkway and hit a limousine, killing a 7-year-old flower girl.
http://www.newsday.com/long-island/martin-heidgen-s-too-intoxicated-murder-defense-rejected-1.6474617
Actually Steve, no it isn’t. This is a law blog. Her cavalier attitude about drinking is relevant in illustrating a depraved indifference to the safety of others. It goes to her degree of culpability.
However, Dredd brings up a good point. Distracted driving – and worse, driving while tired – are just as dangerous as drunk driving.
Not cool at all…..
Angela Corey will probably take one of her ‘stands’ and charge her with something that is impossible to prove. She will go free and that idiot Corey will still be collecting a paycheck.