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Teen son of Fran McCaffery cited in fatal crash of Iowa National Guard soldier

People seem pretty certain about this law and outcome. But, we will see. The trial is yet to happen. Then we’ll really find out what the law has to say about situations like this.

Meh, it could go in front of different judges and have different outcomes.
 
I think it’s startling that people are blaming the driver who actually stopped per the law and some are even blaming the victim.

“I didn’t see him” isn’t a good enough excuse. The pedestrian didn’t suddenly appear out of nowhere in the middle of the road. Even if the other vehicle obscured JM’s view of the pedestrian in the instant before he struck him, he could have and should have noticed him earlier. The pedestrian was on the side of the road long enough that the other driver came to a complete stop and waved the pedestrian through. The pedestrian then crossed one lane of traffic before reaching JM’s lane. In the time it took for all three of those things to happen, JM probably traveled at least the length of a football field.

If he didn’t notice the pedestrian at all during that time and didn’t notice the vehicle to his right coming to a complete stop then he simply wasn’t paying enough attention.

And it’s not as if JM didn’t realize there’s a crosswalk there. He passes by there twice a day on his way to and from school.
Hopefully mine were not taken as “blaming”, but rather mitigating circumstances for Jack to prevent things like vehicular manslaughter felony charges.
 
If he didn't see a person in the crosswalk he was not obligated to slow down. So he was following the "rules of the road."
First off, I replied to your post that you used ethical. A driver approaching a delineated crosswalk where a vehicle has already come to a stop in the adjacent lane should have awareness and/or perceive that there may be someone in the crosswalk and that coming to a stop may be necessary. Basically, be aware and be prepared.

If he did not have that ability of perception/awareness, or something worse, he should not be driving on that road if he had ethics.
 
I hate to say it, but I agree with T.J. on two things, nobody here knows if they actually did the phone test as no evidence has been submitted to the Court. I am sure they did, but none of us know that.

Second, I find it extremely disappointing that the 911 call was not released. I get that he is a juvenile, but come on now. How many times are 911 calls "Police reports" released when it is convenient to some LEO/Prosecutors.

Something just doesn't add up, and I agree with Torbee on most things, but I'm surprised that does not bother you as a good journalist.
 
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And sidenote, I always think the best judges and magistrates were former criminal defense attorneys as they won't allow the power of the government to railroad a defendant. So I'm very sympathetic to defendants. This doesn't pass my smell test.
 
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I hate to say it, but I agree with T.J. on two things, nobody here knows if they actually did the phone test as no evidence has been submitted to the Court. I am sure they did, but none of us know that.

Second, I find it extremely disappointing that the 911 call was not released. I get that he is a juvenile, but come on now. How many times are 911 calls "Police reports" released when it is convenient to some LEO/Prosecutors.

Something just doesn't add up, and I agree with Torbee on most things, but I'm surprised that does not bother you as a good journalist.
Oh the FOIA thing is total b.s.

I just think the most obvious explanation is quite obvious in this case and that it was a case of the driver who hit the pedestrian not seeing them as they were obstructed by another vehicle. Seems the police see it that way too.
 
Oh the FOIA thing is total b.s.

I just think the most obvious explanation is quite obvious in this case and that it was a case of the driver who hit the pedestrian not seeing them as they were obstructed by another vehicle. Seems the police see it that way too.
I love that we've now gone into conspiracy mode.
 
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Oh the FOIA thing is total b.s.

I just think the most obvious explanation is quite obvious in this case and that it was a case of the driver who hit the pedestrian not seeing them as they were obstructed by another vehicle. Seems the police see it that way too.
Exactly. Horrible all around. This will all be settled quietly by the respective attorneys and while one life is lost another probably irreversibly changed.

As the parent of a teen on one hand and as a runner on the other I can see easily how this happened. As a runner I also know that if I die like this I’d pray for the driver and not want their life ruined too.
 
In all seriousness, to go conspiracy mode, you basically have to think that Jack was out on the road hunting down someone to kill and when he satisfied his bloodlust, dad got cops to bury it. That’s absolute insanity.

I'm not going down that route. I just question why FOIAs were denied in this case but you get other requests granted when it is convenient for the State.

I don't think that can be denied.
 
And I already did a forclosure at the beginning that I spent a year in Baghdad with the deceased. I'm not hiding any bias' on that front. But when I have subpoenaed or make a FOIA request, it doesn't take months to get the info.
 
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And I already did a forclosure at the beginning that I spent a year in Baghdad with the deceased. I'm not hiding any bias' on that front. But when I have subpoenaed or make a FOIA request, it doesn't take months to get the info.
People who don’t work daily with FOIA have zero concept of how it works. Just be assured you’re correct.
 
Finally, I wish nothing but the best for Jack and the Hite family. Obviously this is incredibly difficult for everyone involved. I have had empathy for drunk drivers in single car accidents when 5 boys got in a car and the least drunk was chosen to drive, and then he was one of the 2 survivors. You think he'll ever forget that? Everyone else was equally at fault, but the pain of knowing someone died because of you.....I can't imagine.

I just want ICPD, who has past of not always doing the right thing, to answer some tough questions. But, I'm not a member of the press. I'll leave it to the old style pros that are not intimidated to ask tough questions.
 
I'm not going down that route. I just question why FOIAs were denied in this case but you get other requests granted when it is convenient for the State.

I don't think that can be denied.
As a former reporter, I almost always support FOIA and would in this case. I just don’t think it’s going to change much.
 
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Finally, I wish nothing but the best for Jack and the Hite family. Obviously this is incredibly difficult for everyone involved. I have had empathy for drunk drivers in single car accidents when 5 boys got in a car and the least drunk was chosen to drive, and then he was one of the 2 survivors. You think he'll ever forget that? Everyone else was equally at fault, but the pain of knowing someone died because of you.....I can't imagine.

I just want ICPD, who has past of not always doing the right thing, to answer some tough questions. But, I'm not a member of the press. I'll leave it to the old style pros that are not intimidated to ask tough questions.
In my past journalist life, I definitely have issues with the ICPD and FOIA.
 
No one has claimed JM deliberately hit the pedestrian. That’s beyond stupid. Don’t be an asshole who twists other people’s words.
 
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I think it’s startling that people are blaming the driver who actually stopped per the law and some are even blaming the victim.

“I didn’t see him” isn’t a good enough excuse. The pedestrian didn’t suddenly appear out of nowhere in the middle of the road. Even if the other vehicle obscured JM’s view of the pedestrian in the instant before he struck him, he could have and should have noticed him earlier. The pedestrian was on the side of the road long enough that the other driver came to a complete stop and waved the pedestrian through. The pedestrian then crossed one lane of traffic before reaching JM’s lane. In the time it took for all three of those things to happen, JM probably traveled at least the length of a football field.

If he didn’t notice the pedestrian at all during that time and didn’t notice the vehicle to his right coming to a complete stop then he simply wasn’t paying enough attention.

And it’s not as if JM didn’t realize there’s a crosswalk there. He passes by there twice a day on his way to and from school.

I think it’s startling that this is how you’re reading most people’s perspectives in this thread.

I think it’s startling you think your view of the accident is infallible.

I think it’s startling you’ve droned on for four pages in this thread.
 
I think it’s startling that this is how you’re reading most people’s perspectives in this thread.

I think it’s startling you think your view of the accident is infallible.

I think it’s startling you’ve droned on for four pages in this thread.

You were asked a question on page 3, 112.
 
I work with FOIA everyday. They will never release everything until the all the court stuff is completed. You may be able to get the accident report and maybe (because he a juvenile) the affidavit/citation.
 
I'm not going down that route. I just question why FOIAs were denied in this case but you get other requests granted when it is convenient for the State.

I don't think that can be denied.
I don't disagree with you, but I'm curious. Why do you care? Do you really want to listen to someone in a panic on a 911 line about someone being hit by a car?
 
I work with FOIA everyday. They will never release everything until the all the court stuff is completed. You may be able to get the accident report and maybe (because he a juvenile) the affidavit/citation.
I don’t expect everything to be released, but it seems strange that they have rejected at least two requests for the 911 call. It’s pretty common for 911 calls to be released before trial. And it’s a bench trial, so it’s not like they have to worry about contaminating the jury pool.
 
You’re trash and you post trash - I missed it.

But I’ll respond since you evidently need an answer this bad.

I don’t agree with his sentiment. It’s also not what most people are saying in this thread.

Why do you call me trash?
 
What conspiracy? That wealthy, high-profile people with strong legal representation get treated differently than ordinary people? That’s not exactly tinfoil hat stuff.
No. That we’re now seeing you and others assume nefarious reasons about why the 911 call and other bits of the case aren’t being released via FOIA requests.

lots of assumptions being made.
 
No. That we’re now seeing you and others assume nefarious reasons about why the 911 call and other bits of the case aren’t being released via FOIA requests.

lots of assumptions being made.
Can you provide a reasonable explanation for why the driver’s name was withheld for nearly two months and at least two requests for the 911 call have been rejected? Because it seems odd to me.

Absent a reasonable explanation, it’s easy to speculate that police and prosecutors are walking on eggshells knowing they’re up against a wealthy, high-profile person with strong legal representation.
 
Can you provide a reasonable explanation for why the driver’s name was withheld for nearly two months and at least two requests for the 911 call have been rejected? Because it seems odd to me.

Absent a reasonable explanation, it’s easy to speculate that police and prosecutors are walking on eggshells knowing they’re up against a wealthy, high-profile person with strong legal representation.
I don’t have any idea, I’m not someone who’s ever had to deal with the legal system. But you’re making assumptions here - it’s the judge, not the cops or prosector who decides to approve a FOIA request, correct? HVE you seen anything reported about why the recording hasn’t been released? If it’s considered evidence, maybe that’s why?

I don’t know and you don’t either.
 
Pretty sure a lot of evidence has already been released about the 1/6/2021 defendants. Apples and Oranges. But this is a bench trial, not a jury trial for JM so there is no contamination of a jury pool.
 
it’s the judge, not the cops or prosector who decides to approve a FOIA request, correct?
That might very well be the case now. It certainly seems like a logical assumption. But the Johnson County prosecutor’s office rejected the Gazette’s request even before charges were filed and a judge had even been assigned to the case.

911 calls are open public records in Iowa and state law requires that they be released upon request.
 
I have high expectations of the court system, and therefore I have high expectations of law enforcement as well. Simple as that.
Exactly. I have zero personal interest in listening to the call. But the Gazette requested a copy of the call. And even though state law requires the call be released upon request, that request was rejected. So I’m curious why they rejected it.
 
I think the following are true:
  • It was very likely a no fault accident.
  • The initial police delay was to see if he was on his phone at the time of the accident.
  • The ICPD withheld case info, and gave this case special treatment, because of the identity the driver (and family).
Other than acknowledging that our legal system is indeed not 'fair and equal', I don't think there is much else here except a terrible accident, which we can hope to learn from and avoid in the future.
 
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Exactly. I have zero personal interest in listening to the call. But the Gazette requested a copy of the call. And even though state law requires the call be released upon request, that request was rejected. So I’m curious why they rejected it.
This is ridiculous. Startling how obtuse you are.
 
I think the following are true:
  • It was very likely a no fault accident.
  • The initial police delay was to see if he was on his phone at the time of the accident.
  • The ICPH withheld case info, and gave this case special treatment, because of the identity the driver (and family).
Other than acknowledging that our legal system is indeed not 'fair and equal', I don't think there is much else here except a terrible accident, which we can hope to learn from and avoid in the future.

I can live with that argument.
 
But it doesn't take months to find out if from the phone companies. Just saying. I signed search warrants and phones were pinged and data released within 48 hours depending on provider.
 
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This is ridiculous. Startling how obtuse you are.
Use your words to articulate specifically what I wrote that is “obtuse.”

911 calls are open public record in Iowa. Iowa state law requires that 911 calls are to be released upon request. The Gazette requested a copy of the call at least twice and the request was rejected both times. Even Torbee said that’s bs. So tell me how it’s “obtuse” to question why the requests were denied.
 
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