Marion County Man Pleads Guilty In DU...

Marion County Man Pleads Guilty In DUI Death Case

There are 41 comments on the WBOY-TV story from Dec 2, 2010, titled Marion County Man Pleads Guilty In DUI Death Case. In it, WBOY-TV reports that:

A Marion County man pleaded guilty to a misdemeanor charge of DUI causing death.

Join the discussion below, or Read more at WBOY-TV.

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concerned

Watseka, IL

#1 Dec 4, 2010
The sentence he got was just unreal. I know of another case like this & the boy was sentenced to 2-5 years in prison! What was so different?? Drinking & Driving, & Death ? Slap on the wrist for some, others not so lucky!!!!
Your Pathetic

United States

#2 Dec 5, 2010
The Kid Drives Drunk Wrecks N Kills Josh McCaulley Higgins... I Think He Should Have Got More Then 5 years of Jail Or Home Confinement! I Don't See How He Lives With His Self Knowing He Killed Josh And Left Josh's Two Daughters Without Their Father! I Think He Should have Got life Instead of a Slap on the wrist. I hope it eats u alive having to deal with the fact that u killed him. Josh didn't deserve this and u knowing u was drunk U should have known not to get behind the wheel and drive! Just Think Are You Ever Gonna Drink N Drive Again? Hopefully They Take your Licenses from u and never give them back that way u can't kill noone else!
Look at the big picture

Akron, OH

#3 Dec 6, 2010
I dont think this young kid should be punished to the extent you all are saying. Yes he made a decision to drink and drive. So did the passenger. He made the decision to drink and ride. This is not all this boys fault. Someone made a decision to get in the vehicle with him and ride. It is just a tragedy the kid had to die. I think the other boy should take it as a hard lesson learned and spend his life trying to be a better person and make wiser decisions.
Its The truth

Shinnston, WV

#4 Dec 7, 2010
Yes I agree. Nobody made josh get in the car. He new he was Drunk it is sad that it happen .I feel for josh and his family . But When U drink and drive that is all you But if you can see a boy that is drunk you dont get in the car there is alway a risk like somthing like that might happen.
Frank

Mannington, WV

#5 Dec 7, 2010
Your Pathetic wrote:
The Kid Drives Drunk Wrecks N Kills Josh McCaulley Higgins... I Think He Should Have Got More Then 5 years of Jail Or Home Confinement! I Don't See How He Lives With His Self Knowing He Killed Josh And Left Josh's Two Daughters Without Their Father! I Think He Should have Got life Instead of a Slap on the wrist. I hope it eats u alive having to deal with the fact that u killed him. Josh didn't deserve this and u knowing u was drunk U should have known not to get behind the wheel and drive! Just Think Are You Ever Gonna Drink N Drive Again? Hopefully They Take your Licenses from u and never give them back that way u can't kill noone else!
I dont know eather one of the people but from what I have been told they were friends. If they were friends then I am sure that even though he did not recieve a long prison term that it will eat away at his heart and mind for the rest of his life. It is a sad thing that happened and nothing can ever said that will change it, he will punish himself more than you, I, or the justice system ever could.
The family of Josh

Fairmont, WV

#6 Dec 13, 2010
Yes, they WERE friends (in grade-school) they hadn't seen each other since then...I am not sure just how much it is going to "eat away" at the young man that was driving.(I will bet not nearly as much as Josh's family, parents and two little girls that will never get to know their Daddy... I agree that Josh should not have ridden with the young man that had been drinking, The thing that bothered me about the part of the deposition that was in the paper is that it read "Mr. McCaulley Higgins had been drinking with Mr. Mitchell that day (or all day, can't remember exact words) the fact is that NO Josh had NOT been drinking with Mr. Mitchell, just 5 minutes before this fatefull accident JOSH was in his front yard playing chase with his little girls! Mr. Mitchell stopped by asked Josh if he wanted to ride to the "Gump Grocery store" not 5 miles from Josh's home, which he agreed to do...he didn't really have time to realize that the boy had been drinking moonshine all day (as was told by the folks he had been drinking it with after the wreck occurred. I am not saying Josh was an innocent young man, I am just saying that there are a lot of mistruths in the Times West Virginian...only the young man being charged knows the truth...I can hypothosize and say that the showing off and speed added to the alcohol intake did not mix well and the result is one Josh's family will have to live with the rest of thier lives. Mr. Mitchell, as part of his punishment, has been ordered to speak to groups about driving while under the influence...this is all well and good if the boy had learned from his OWN mistake...he has been seen several times since then DRINKING in local taverns and DRIVING away afterwards...the boy has not learned a thing as evident in his actions...perhaps some jail time past the 90 days he has been sentenced would better educate him in his wrong-doing...just a thought...God Bless you Jayden & Kyara (your Daddy is watching over you!)
Just Letting U Know

AOL

#7 Dec 14, 2010
Josh was a very special person and we will all miss him dearly!!! My heart and prayer's go out to his family especially his girl's GOD knows they were his world!! I was told first hand by his mother and his " UNCLE B" that he had been drinking most of that day and that night, they also said they begged him not to get in the truck!! Either way it was Josh's choice to go or not i knew josh very well and if he wanted to do something u couldn't stop him no matter how hard u tried. If people would stop to think about how Josh would have wanted things to turn out and not how they want them i don't believe for a second that he would have wanted mr.mitchell to spend the rest of his life in prison.Yes some punishment was deserved maybe a little more than what was given, but the truth is if his "UNCLE B" hadden't slept with the mother of his children he wouldn't have been all pissed off,drunk, and probably wouldn't have gotten in to that truck that night. And for his mother she has had many fundraiser's to but him a headstone, i visit his grave often and there still isn't one yet!!!!!!! Why don't we quit worrying about mr.mitchell's punishment and just remember WHAT A BEAUTIFULL SMILE JOSH HAD AND HOW HAPPY HE MADE THE PEOPLE AROUND HIM!!! HE WOULD HAVE WANTED THAT!!! I SMILE EVERY TIME I THINK OF HIM!!! I WILL ALWAYS MISS YOU JOSH! "SAIL ON CROSS THE SKY NOW SEE U ON THE OTHER SIDE!!" LOVE ALWAYS FOR JOSH!
life time higgins friend

AOL

#8 Dec 15, 2010
First of all his mom never told you Josh was drinking all day, And neither did B. And if you know the family as well as you say then you would know B is Josh's cousin not his uncle. So unless you know the facts leave this family alone. I know the pain they are going through. Do not get on here and say his mom said this and she said that. Leave them alone this was a tragedy,One they have to live with every day.And they reason he got in that truck was Josh was going to buy it. And as for fundraiser's they only had 1 a fourwheeler run. So I am asking everyone to stop telling lies on here, Please if you was a friend of Josh's please just stop....
The family of Josh

Fairmont, WV

#9 Dec 16, 2010
by the way...it takes a while to get a CUSTOM-MADE head-stone completed...and they are VERY expensive (as is a funeral) that is NOW paid off for your information...and yes, there was only ONE benefit ride.
another point I wish to address is the fact that I do not want Mr Mitchell to spend the "rest of his life in prison", nor do I feel that Josh would want him to. I am simply saying that what happened was A MURDER with a DEADLY WEAPON (a vehicle)...Mr. Mitchell had the airbag system switch turned to the "off" position on the passenger side. There are many little things that could have been helped. I am just saying the young man needs to LEARN from his mistake, and, as I have previously pointed out, his actions are not proving that he has learned a thing.
There are young men spending many, many years in Federal Prisons for marijuana and Cocaine transactions...let's not forget, this young man KILLED someone. And yes, "lifetime friend"...he had NOT been drinking that day/evening. Anyone is welcome to see the Autopsy Report...I am sure it is a public record...thanks for your concerns... I pray that you never have someone taken from you so selfishly...but IF you do...lets see if you can "forget about the person causing the loss's punishment" and think about the smile of the victim...It is easier said than done.
it takes two

Pine Grove, WV

#10 Dec 20, 2010
Don't get me wrong..I hate drunk drivers. They always get out alive while innocent people die. BUT Josh knew his friend was drunk. If he would have thought for a moment , he would have called someone sober to come get him. when do we blame the victim for getting in the car with the drunk driver??
Your Pathetic wrote:
The Kid Drives Drunk Wrecks N Kills Josh McCaulley Higgins... I Think He Should Have Got More Then 5 years of Jail Or Home Confinement! I Don't See How He Lives With His Self Knowing He Killed Josh And Left Josh's Two Daughters Without Their Father! I Think He Should have Got life Instead of a Slap on the wrist. I hope it eats u alive having to deal with the fact that u killed him. Josh didn't deserve this and u knowing u was drunk U should have known not to get behind the wheel and drive! Just Think Are You Ever Gonna Drink N Drive Again? Hopefully They Take your Licenses from u and never give them back that way u can't kill noone else!
joshs mom

Salem, WV

#11 Dec 21, 2010
Its The truth wrote:
Yes I agree. Nobody made josh get in the car. He new he was Drunk it is sad that it happen .I feel for josh and his family . But When U drink and drive that is all you But if you can see a boy that is drunk you dont get in the car th ere is alway a risk like somthing like that might happen.
josh did not know that adam was that drunk cause josh was working on his car all day with his dad.the boy lied about every thing in the paper, josh was not partying earlier in the day with adam thats a lie.
joshs mom

Salem, WV

#12 Dec 21, 2010
life time higgins friend wrote:
First of all his mom never told you Josh was drinking all day, And neither did B. And if you know the family as well as you say then you would know B is Josh's cousin not his uncle. So unless you know the facts leave this family alone. I know the pain they are going through. Do not get on here and say his mom said this and she said that. Leave them alone this was a tragedy,One they have to live with every day.And they reason he got in that truck was Josh was going to buy it. And as for fundraiser's they only had 1 a fourwheeler run. So I am asking everyone to stop telling lies on here, Please if you was a friend of Josh's please just stop....
this is josh mom and i never told eny one that josh was drinking earilier that day,the person that post that is a lier
Englebert Humperdinck

United States

#13 Dec 21, 2010
Proverbs 20:22

Do not say, "I'll pay you back for this wrong!" Wait for the LORD, and he will deliver you.
Englebert Humperdinck

United States

#14 Dec 21, 2010
(2 Samuel 12:11-14 NAB)



Thus says the Lord:'I will bring evil upon you out of your own house. I will take your wives [plural] while you live to see it, and will give them to your neighbor. He shall lie with your wives in broad daylight. You have done this deed in secret, but I will bring it about in the presence of all Israel, and with the sun looking down.'

Then David said to Nathan, "I have sinned against the Lord." Nathan answered David: "The Lord on his part has forgiven your sin: you shall not die. But since you have utterly spurned the Lord by this deed, the child born to you must surely die."
Englebert Humperdinck

United States

#15 Dec 21, 2010
In other words, it's all about forgiveness.

And killing his first born, if you wish.
The family of Josh

Fairmont, WV

#16 Dec 21, 2010
it takes two wrote:
Don't get me wrong..I hate drunk drivers. They always get out alive while innocent people die. BUT Josh knew his friend was drunk. If he would have thought for a moment , he would have called someone sober to come get him. when do we blame the victim for getting in the car with the drunk driver??<quoted text>
I think you really don't have all the information...In a NORMAL Circumstance (kids drinking at a bar/party, then riding away)you may be right. This was NOT the case in this respect...Mr. Mitchell stopped at my nephew's house, he had not seen him in YEARS,Josh was thrilled to see him,he climbed in his truck with him to "ride to the nearby store(less than 3-4miles away)". If you know anything about MoonShine (what was reported to be what the young man had been drinking), you know that it is odorless, Josh probably had no idea the boy had been drinking, as it wasn't really a habit of his (Mitchell probably didnt even realize how drunk he was, it has a very high alcohol content and sneaks up on you a bit)...IF Josh HAD known Mr. Mitchell had been drinking (or was intoxicated) I am sure he would have said "let me drive"...quite frankly, I feel he did not know this fact at all...and furthermore, please, think before you speak, put yourself in the shoe's of the family before "blaming the victim" for anything. It is wonderful to know that there are "patron saints" out there like you that have never made a bad decisions. 21 year olds generally never do that huh? We, as Josh's family, only want the young boy to REALIZE what he has done! We don't want him to suffer...that is for us to do...
Grpoi

Vienna, WV

#17 Dec 21, 2010
You can still smell alcohol
LIFE TIME HIGGINS FRIEND

AOL

#18 Dec 21, 2010
I hope that this topix is over and done with. But I also hope someone reads this and thinks before drinking and driving,I am around the higgins family every day, they are all different since the accident. Josh's mom and dad just barely exist. So before you drink and get behind the wheel of a car think about this great family who has lost so very much in just a instant,It could be you or someone you love being talked about on here.I love you Bill and Missy and Cody.may God be with you...
LIFE TIME HIGGINS FRIEND

AOL

#19 Dec 21, 2010
Dear Josh's mom.I know for a fact that who ever posted thst Josh was drinking and that you and B told them that are nothing but liars. I know Josh was somber, I just pray that people stop talking and leave you and your family alone you are three of the greatest people i have had the pleasure of calling FAMILY. I love you so very much !!!
vanilla sugar

Annapolis, MD

#20 Dec 23, 2010
Adam didnt mean to kill josh but it happened and he does have to live with that for the rest of his life and he feels bad for joshs death and wishes he could go back and change that day. Adam was drinking but not moonshine so that part was a lie. I have known adam my whole life and he would never hurt someone on propose beleive me he wishes that it was him not josh so please let josh rest in peace and adam live with what he done.I wish all the time adam stayed at home or came to my house but he made the wrong choose and he will live with this his whole life.

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