Thursday, November 12, 2015

Making Positive Change In Memory Of Andrea Joyner

Nothing can ever bring back beautiful Andrea, but positive change can come from her tragic loss.
There is no pain like losing a child, and it is that pain that has been leading Andrea's Dad to reach out to the media to bring attention to his daughters case. The problem with most cases involving accidents that result in a death, is there is nothing in law that equals the justice the families in any of the cases want. Andrea's father has been critical of Somerset State's Attorney Dan Powell for what he feels is Dan's lack of interest in justice for his Daughter. I can tell you nothing is further from the truth. It isn't her Dads fault for feeling this way don't get me wrong, but emotion and the law are two entirely different things.

I have spoke to many attorney's regarding this case and all agree there is nothing that Dan Powell could have done differently. The driver had not been drinking, had not done drugs and wasn't using a cell phone when the accident occurred. Those things are necessary components for any sort of negligent driving charge that would bring felony jail time. The driver was going over the speed limit that is true, 69 in a 55. The problem is going over the speed limit to that small degree and causing a fatality is not considered gross negligence. A perfect example of this is our much beloved Deputy State's Attorney Sam Vincent who was tragically killed on route 50 by a lady who clipped the vehicle he was in causing it to roll over which resulted in his death. Sam Vincent was one of the most loved people in the area, and yet the lady could only be charged with misdemeanor traffic citations because it was an accident.

The other area is that months prior to the accident Garcia had  court case for driving on a suspended license. It is just not possible to put every person who drives on a suspended license behind bars. Our prison system is already over capacity and the space has to be used for real criminals, not people who forget to get their license issues taken care of. Garcia took care of the license problem prior to the accident and had a valid license when accident occured

I'm not defending Garcia here as much as I am trying to aim the anger in the direction it should, which is the SHA and the forgotten 413. 413 is poorly lit and needs to be widened to help hopefully keep these incidents from happening. I would suggest contacting State Delegate Charles Otto and Senator Jim Mathias about making the changes needed to 413 to keep the community from losing another beautiful person like Andrea


Anonymous said...

Wow, what great advice Jonathon! For as tragic as that accident was nothing can bring her back....let's HONOR her memory and make the changes happen to the layout of 413!! Contact Senator Mathis and Delegate Otto, both men would give anyone the time to discuss any possible changes to 413 then we can make the success of any and all changes to Andrea's memory, she's worth it....413 is confusing in some areas I've driven that highway into Crisfield more than I can count and changes need to be addressed in some areas, let's give strength to the battles we can WIN in this very tragic situation, God Bless her family, Andrea would want her Dad and Mom/Family/Friends to live well, smile often, and love alot...go after the changes to 413

Momma said...

I am Andrea's grand-mother and there were no test done to Mr. Garcia the day of the accident , because it was not mandatory . So if something can be done to change this law for truck drivers, whether small delivery trucks or tractor- trailers if they are involved in an accident which causes a death then they should before anything else be tested for drugs and alcohol. It is a law in Virginia and I believe Delaware, but not for Maryland . 413 is a dangerous roadway and once there was talk of making it a dual highway , so maybe with this petition for Justice for Andrea that can be changed, too . Thank You