March 23rd / 25th , 2007

"Carr Crash"

According to the National Highway Traffic Safety Administration, over 16,000 people died in alcohol-related crashes last year. That amounts to about one death every thirty minutes. For most of us, these statistics seem rather impersonal, but last week, 26 year old Casey Bokhoven reminded us that there are real victims behind those numbers.

Casey was walking home in the wee hours of the morning when he was struck and killed by a drunk driver. WXII morning anchor Tolly Carr was arrested for the crime.

If convicted, Carr could go to prison. Some folks believe that jail time is too harsh a punishment for a first time offender. Others think a few years behind bars would be too lenient, given the tragic nature of the crime. In the end, opinions may not matter, because North Carolina has begun to crack down on drunk drivers by streamlining sentencing procedures. The reform was prompted by judges who routinely let impaired motorists off the hook.

That’s why if convicted, Carr could find himself in much more trouble now than he would have just a year ago. Add to the mix that he is a television celebrity, and the likelihood increases that a judge or jury will make a test case out of Carr by cracking down on a drunk driver who caused the death of another person.

Some observers are referring to this as a manslaughter case, but in my opinion, it is a matter about murder.

Sure I realize that we all make mistakes, and that anyone can have an accident. But drinking to excess is no accident. It is a deliberate act designed to impair the senses. And, getting behind the wheel of a 2,000 pound weapon while drunk is also no accident. It is a deliberate act undertaken without regard to the safety of others. That’s why I cannot accept that Casey Bokhoven’s death is just an unfortunate accident. To let the driver off with a virtual slap on the wrist would not only be unjust, it would invite the likely probability of future tragedies. That’s because according to Mothers Against Drunk Driving, over one third of all motorists arrested for drunk driving go on to become repeat offenders.

What then would be a fair punishment for Tolly Carr if he is found guilty of causing Casey Bokhoven’s death? My suggestion is two years in prison without parole, at which time Carr would be issued a drivers license restricting him from driving after sundown for a probationary period of eight years. If he is convicted of drunk driving while on probation, Carr would go directly to prison for ten years and would never again be allowed to drive. If convicted of vehicular manslaughter ever again, Carr would be sentenced to life in prison without parole.

Casey Bokhoven’s senseless death must stand for something, and a stiff punishment for his killer might just make our streets a little safer. Otherwise, he will be relegated to just another number in the National data bank. Sentencing in this case should recognize the victim as a person, not as a statistic.