Reed Deer Has Been Charged

Posted in the Charleston Forum

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Mingo Mama

United States

#1 Sep 18, 2012
The Gazette reports that 15 year old Reed Deer has been charged with the Negligent Homicide of Drew Morton. He is the son of Dr. Timothy Deer, a Charleston anesthesiologist, and Melissa Deer.
After an 8 p.m. Sunday hearing in Kanawha County juvenile court, the boy was released into the custody of his parents, according to Lt. Shawn Williams of the Charleston Police Department.
Parent

Charleston, WV

#2 Sep 18, 2012
Mingo Mama wrote:
The Gazette reports that 15 year old Reed Deer has been charged with the Negligent Homicide of Drew Morton. He is the son of Dr. Timothy Deer, a Charleston anesthesiologist, and Melissa Deer.
After an 8 p.m. Sunday hearing in Kanawha County juvenile court, the boy was released into the custody of his parents, according to Lt. Shawn Williams of the Charleston Police Department.
As usual, the Gazette gets it wrong. Juveniles cannot be charged with crimes unless they are charged as an adult. A juvenile can only be charged with delinquency supported by the underlying charge. They cannot be sentenced as an adult unless tried as an adult.

The charge is a misdemeanor. The boy will most likely not do any time or have a permanent record unless the prosecutor wants to grandstand for headlines which is a total possibility.

The boy's biggest problems will be civil. Because he had no license, his family's insurance will not cover the accident. Any judgment the family receives will be lodged against the boy until which time he pays it off. He won't be able to get a license until the judgment is satisfied.

The parents of the boy who was killed have no way to recover. The parents of the driver are only liable for up to $5,000 under the law. The dead boy's parents can't recover from their underinsured coverage because their son was not involved in a wreck while driving.

The driver needs to plead guilty and get it over with. He has way bigger problems than deliquency charges.
Tragedy

Charleston, WV

#3 Sep 18, 2012
Re: Tragedy

1. Family Purpose Doctrine?
2. Check your juvenile law a little closer, re: charges and sentencing?
3. Unlicensed driver or driver's permit and driving and not complying with restrictions?
4. Does ins policy specifically exclude unlicensed driver; again does Family Purpose Doctrine apply?

My thoughts and prayers go out to both families. I am so sorry for their losses. It truly is every parents worst fear. There but for the Grace of God.
Not quite

Charleston, WV

#4 Sep 18, 2012
The Deers are millionaires. They will be sued and the family will recover regardless of insurance coverage. Negligent supervision is one clear count.

Also, juveniles can most certainly be charged for felonies. The punishment is different, however.
Parent

Charleston, WV

#5 Sep 18, 2012
Tragedy wrote:
Re: Tragedy
1. Family Purpose Doctrine?
2. Check your juvenile law a little closer, re: charges and sentencing?
3. Unlicensed driver or driver's permit and driving and not complying with restrictions?
4. Does ins policy specifically exclude unlicensed driver; again does Family Purpose Doctrine apply?
My thoughts and prayers go out to both families. I am so sorry for their losses. It truly is every parents worst fear. There but for the Grace of God.
You really have no idea what you are talking about. Unauthorized use of a vehicle by an unlicensed driver negates insurance coverage and that's what the insurance carrier will argue.

Family purpose doctrine has nothing to do with this and it surely has nothing to do with criminal charges. There are administrative and criminal penalties at play here as well as civil liability.

There is no magical legal word that solves it either. I don't care what your third cousin who works for a lawyer in Boone County says.
Parent

Charleston, WV

#6 Sep 18, 2012
Not quite wrote:
The Deers are millionaires. They will be sued and the family will recover regardless of insurance coverage. Negligent supervision is one clear count.
Also, juveniles can most certainly be charged for felonies. The punishment is different, however.
You need to stop listening the legal advice you get in the beauty parlor.

The parents are only responsible for $5,000 of any damage or liability incurred by their children. That's the law.

The parents of the boy who was killed can file any suit they want, but the parents have no liability and their personal assets are not recoverable because of what their child did. There is a law that specifically protects parents from just this sort of thing.

55-7A-2. Parental liability for willful, malicious or criminal acts of children

The custodial parent or parents of any minor child shall be personally liable in an amount not to exceed five thousand dollars for damages which are the proximate result of any one or a combination of the following acts of the minor child.

As far as juveniles being charged with felonies. Duh. Of course they can. But unless they are charged as adults, the only thing a juvenile can be charged with is delinquency based on the underlying offense.

Stop listening to the woman who does your nails in the trailer where you get your perms.

Not quite

Charleston, WV

#7 Sep 18, 2012
LOL, show me your law degree and I'll show you mine. Bonus points for full scholarships, Order of Barristers and top 20. Can't hang with me? Quelle surprise!

Nice try. Google Law doesn't count, by the way. I'm not going to argue with you because I have no burning desire to prove some podunk dropout wrong, but I will just say it flat out- you are wrong.

I have never even been on this site before and it seems that you have thousands of posts all over it. Maybe that time would be better spent elsewhere.
so sad

Charleston, WV

#8 Sep 18, 2012
Why are you guys so interested in financial recovery for these people? Maybe they are such good friends it won't even happen. Why do we care? Let the parents and lawyers (if it comes to that) handle all that. Do we, as adults, need to puff up our chests on here and make comments showing our knowledge, or even lack of knowledge, regarding this situation? Are we that shallow that we need to broadcast the names of young people on Topix? What does anyone gain by this? More insults hurled back and forth at each other? Again, so sad.
hatesknowitalls

New York, NY

#9 Sep 18, 2012
Parent wrote:
<quoted text>You need to stop listening the legal advice you get in the beauty parlor.

The parents are only responsible for $5,000 of any damage or liability incurred by their children. That's the law.

The parents of the boy who was killed can file any suit they want, but the parents have no liability and their personal assets are not recoverable because of what their child did. There is a law that specifically protects parents from just this sort of thing.

§ 55-7A-2. Parental liability for willful, malicious or criminal acts of children

The custodial parent or parents of any minor child shall be personally liable in an amount not to exceed five thousand dollars for damages which are the proximate result of any one or a combination of the following acts of the minor child.

As far as juveniles being charged with felonies. Duh. Of course they can. But unless they are charged as adults, the only thing a juvenile can be charged with is delinquency based on the underlying offense.

Stop listening to the woman who does your nails in the trailer where you get your perms.
Spoken like a true lawyer wannabe. Wow...you really are an obnoxious piece of garbage, aren't you?!
Parent

Charleston, WV

#10 Sep 18, 2012
Not quite wrote:
LOL, show me your law degree and I'll show you mine. Bonus points for full scholarships, Order of Barristers and top 20. Can't hang with me? Quelle surprise!
Nice try. Google Law doesn't count, by the way. I'm not going to argue with you because I have no burning desire to prove some podunk dropout wrong, but I will just say it flat out- you are wrong.
I have never even been on this site before and it seems that you have thousands of posts all over it. Maybe that time would be better spent elsewhere.
Who said I was a lawyer? That's the point, this is law 101 here.
Parent

Charleston, WV

#11 Sep 18, 2012
hatesknowitalls wrote:
<quoted text>
Spoken like a true lawyer wannabe. Wow...you really are an obnoxious piece of garbage, aren't you?!
Any bozo who's ever carried insurance coverage or basically lived a life off entitlements knows what I posted here about coverage. It's something grown ups learn in life, like about taxes, and liability and protecting themselves and having proper insurance coverage.

A kid who steals a car and has no license is not covered and I told my own that a million times when they were doing their own stupid crap.

So since you have no idea what I'm talking about, I would guess that you don't even have your own insurance in life.

God what a waste of time this sewer is.
hatesknowitalls

New York, NY

#12 Sep 18, 2012
Parent wrote:
<quoted text>Any bozo who's ever carried insurance coverage or basically lived a life off entitlements knows what I posted here about coverage. It's something grown ups learn in life, like about taxes, and liability and protecting themselves and having proper insurance coverage.

A kid who steals a car and has no license is not covered and I told my own that a million times when they were doing their own stupid crap.

So since you have no idea what I'm talking about, I would guess that you don't even have your own insurance in life.

God what a waste of time this sewer is.
Can you be of assistance to anyone without being an obnoxious, bashing piece of crap?! If not do us all a favor and STFU...attention seeking juvenile ass wart
TarH

United States

#13 Sep 18, 2012
hatesknowitalls wrote:
<quoted text>Can you be of assistance to anyone without being an obnoxious, bashing piece of crap?! If not do us all a favor and STFU...attention seeking juvenile ass wart
Bahahahaha!! "Parent" is a piece of shit wanna be know it all. I'm guess while your children where conceived your mouth was taped shut or the other person was wasted!! No one wants to hear your garbage, go jump of a bridge, loser!
Danny

Charleston, WV

#14 Sep 18, 2012
Reed should be put in jail until until Drew has recovered from the injuries Reed caused.

If thats too long then too bad at the very least Drew's family should get some justice out of this.
Tragedy

Charleston, WV

#15 Sep 18, 2012
I don't and won't get into legal arguments here. I only responded to the post prior to mine because I really questioned the legal opinions expressed therein AND as parents we should all know what our insurance is for civil liability in case this happens to us.
Please note that legal advice was not given; legal issues were raised and each was emphasized by a question mark for further consideration.
Yes, civil and criminal penalties differ, both they both are issues here.
Insurance coverage has limits and exclusions.

What is not arguable, however, is the grief both of these families, and their friends, have, are and will suffer.

Take care.
so sad

Charleston, WV

#16 Sep 18, 2012
Danny wrote:
Reed should be put in jail until until Drew has recovered from the injuries Reed caused.
If thats too long then too bad at the very least Drew's family should get some justice out of this.
I'm puzzled. Is this justice which you know Drew's family wants or are some of you hoping to get "justice" in the way you would seek justice? Serious question, not meant to offend. Have any of you spoken with the parents?
Jeff

Danielson, CT

#17 Sep 18, 2012
As sad as it is, Drew willingly got into a car with his friend, knowing that he did not have a license and chose not to wear his seatbelt.
notdrinkingtheko olaid

Saint Albans, WV

#18 Sep 18, 2012
Not quite wrote:
The Deers are millionaires. They will be sued and the family will recover regardless of insurance coverage. Negligent supervision is one clear count.
Also, juveniles can most certainly be charged for felonies. The punishment is different, however.
All the money in the world can't replace a child...
Danny

Charleston, WV

#19 Sep 18, 2012
so sad wrote:
<quoted text> I'm puzzled. Is this justice which you know Drew's family wants or are some of you hoping to get "justice" in the way you would seek justice? Serious question, not meant to offend. Have any of you spoken with the parents?
1st off I'm very close to the situation vs yourself who has nothing better to do than leach off the government so they can post a bunch of garbage about people they dont even know on Topix.

2nd Reed is a murderer plain and simple. If you want to verify that is the concensus among the people who matter then why dont you call and ask?

I can accept that Topix is an outlet for people who have no jobs and nothing else to do but I think everybody involved would like it very much if you left this subject alone. Please do everybody a favor and go back to talking about who's a drug addict and who's cheating.

Let me make it even simpler for you. This subject is as serious as the check you get on the 1st of the month. Unless you are directly involved do us all a favor and let it go.
Shame Shame

Charleston, WV

#20 Sep 18, 2012
Danny wrote:
Reed should be put in jail until until Drew has recovered from the injuries Reed caused.
If thats too long then too bad at the very least Drew's family should get some justice out of this.
That's a ridiculous thing to say. Drew chose to ride in the car with Reed. Reed did not make him get in the car, and he certainly didn't tell him he wasn't allowed to wear his seatbelt. This is a sad, horrible situation, but to blame a child to that extent is sick. Both boys were at fault, unfortunately, one paid the ultimate price.

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