[Vision2020] Kanay Mubita, filthy abuser of women..... and his defenders...

[Art Deco]

Debbie,

Thank you for your insightful comments.  As a former resident of Boundary 
County who followed the more in-depth coverage of this horror story in the 
Bonners Ferry Herald, I was disappointed but not surprised at the sentence.

Part of the problem is the leniency of the state law with regard to 
vehicular homicide even when it is the result of a driver or drivers under 
the influence.  Apparently the alcoholic beverage industry owns a great deal 
of our state legislature.  Whenever, changes are proposed to increase the 
severity of crimes where immoderate alcohol consumption is a factor, the 
alcoholic beverage industry lobby manages to kill such, usually early in the 
process.


According to Aristotle, Mr. Peterson committed three crimes:

1.    He knowingly and willfully positioned himself in a "state of 
ignorance" by becoming befogged in an alcoholic stupor.

2.    He imperiled the public by driving in that "state of ignorance."

3.    In that "state of ignorance" he murdered three people, horribly 
mutilated a child, and left it without its parents.

In Aristotle's opinion (and mine, though it counts for much, much less) all 
crimes are very serious.

Our laws do not reflect the seriousness of people placing themselves in a 
"state of ignorance" and the consequences that can ensue.  Credit the 
alcohol lobby and the alcohol industry's marketing (e.g. TV ads) for this. 
It is far more important to the alcohol industry to maximize consumption of 
their products than to prevent tragedies like the one at issue.

There is another factor which plays a part of the sentencing in cases like 
this.  The defense attorney argues that "My client made a bad decision. 
Don't penalize him/her severely for this one erroneous act (the decision).

What a crock of bullshit!

The decision to act in a certain way is always possible to review and to 
change right up until the time the act is committed in total.  The decision 
to continue toward an act or to act in a certain way is subject to thousands 
and thousands of decisions right up until the time the act is committed. 
The "one bad decision" argument is an obviously fallacious one based on an 
obviously false premise.  When a I hear a particular attorney use that 
defense, I think them an unethical liar.  It is one thing to try to get the 
best sentence for a client, but quite another to lie while doing it.

In the above case the criminal had thousands and thousands of opportunities 
to decide not to place himself in a "state of ignorance" by over-indulging 
in alcohol.  He has thousands and thousands of opportunities to decide not 
to drive once he placed himself in a "state of ignorance."  That he did not, 
but murdered three people, etc seems to demand much, much more than the 
possibility of only 18 months (if that, with good behavior) in prison.

In the last few years in Boundary County there have been many vehicular 
mishaps resulting in death in which alcohol consumption was a compelling 
factor.  The other criminals (but uncharged) in this affair are the parts of 
the economic engine that pushes the mechanism of immoderate consumption. 
There are relatively few and small criminal sanctions, for example, for bar 
owners and bartenders who intentionally and willfully encourage and/or cater 
to customers who are already intoxicated.  There are no criminal penalties 
for alcohol distributors who continue to sell to bars that sell to the 
already intoxicated.

Until we, the public, are willing to earnestly and resolutely communicate to 
our state legislators that the loss of life (and many, many other bad 
consequences) is not worth the price of maximizing the alcohol industries 
income and profit, we will be faced with gut-wrenching carnage (and other 
awful consequences) as described in the article you posted.


A note on Mubita's sentence:  I do not know if this played a part or not, 
but it was clear from the victims' testimony that Mubita was a clever, very 
manipulative liar who quite adroitly used this skill to bed his victims and 
influence their actions.


Art Deco (Wayne A. Fox)
deco at moscow.com







----- Original Message ----- 
From: "Debbie Gray" <dgray at uidaho.edu>
To: "vision 2020" <vision2020 at moscow.com>
Sent: Friday, June 02, 2006 2:33 PM
Subject: Re: [Vision2020] Kanay Mubita,filthy abuser of women..... and his 
defenders...


>I just can't comprehend the sentence Mubita received for his
> actions when compared to the repulsively low sentence this guy
> got for killing 3 people outright. Our country, state and our
> county don't take the punishment/prevention of DUI's as
> seriously as they do for even Driving Without Privileges. It's
> ridiculous.
>
> For example, a first DUI sentence in Latah County from Judge
> Hamlett is an $898 fine, 90 day license suspension, possible
> alcohol treatment, and court probation (not one involving a
> parole officer). There is NO STATE MANDATED SENTENCE FOR DUI'S.
> Why is that??
>
> DWP first offense
> is a STATE MANDATED 2 days in jail and up to $1000 fine.
>
> Please read the article below and see how it compares to Mubita
>
> Debbie
>
> -------------------------------------------------------------
> Peterson gets 18 months to 15 years in prison
>
> By ROBERT JAMES and ELIZABETH CIEPIELA
> Bonners Ferry Herald
>
> BONNERS FERRY -- Luke Allen Peterson will spend a minimum of the
> next 18 months in prison for killing three people in a drunk-
> driving accident July 29, 2005.
>
> After an emotionally charged hearing Tuesday, Judge Chuck Hosak
> sentenced Peterson to between 18 months and 15 years in prison
> for vehicular manslaughter. He also sentenced Peterson to 18
> months to 10 years in prison for aggravated DUI. Peterson will
> be eligible for parole after serving the minimum 18-month
> portion of his sentences, which he will serve at the same time.
> Members of the victims' families gasped at the sentence, and one
> whispered, "Oh God."
>
> Peterson had faced up to 25 years in prison.
>
> Peterson pleaded guilty to the charges in connection with the
> accident that killed Bart Bartron, 24, his fiancee Tabitha
> Saunders, 21, and their two-year-old daughter Kjestine Saunders.
> Lyssa Saunders, who was two months old at the time of the
> accident, was severely injured and, almost a year later, still
> must be fed through a stomach tube.
>
> In the crash, the Dodge pickup truck Peterson was driving
> drifted into oncoming traffic and slammed head-on into the Dodge
> Neon Tabitha Saunders was driving.
>
> A blood test showed Peterson's blood alcohol content at the time
> of the accident was 0.14, nearly double the legal limit of 0.08.
> Relatives of the victims spoke out at the sentencing hearing
> Tuesday, citing the unimaginable impact the accident has had on
> so many people.
>
> "You've changed all our lives forever," Fern Bartron, Bart's
> mother said on the stand. "All because of bad judgment."
> She addressed Peterson from the witness chair. "You denied
> driving, denied responsibility even while sitting by the
> wreckage of the truck while three people lay dying and a baby
> screamed in confusion and terror.
>
> "I didn't get to hold (Bart's) hand when he passed away. I
> didn't get to tell him I loved him," she continued. "If you want
> to do something for us, go and do your time, whatever is
> decided. Pay your penance. Get your life and attitude straight."
> Peterson sat still and listened, flanked by his two attorneys,
> Bryce Powell and Rex Finney. At one point in the proceedings, he
> appeared to be crying.
>
> Glen Bartron, Bart's father, talked of Bart's service in the
> military and how he was posthumously awarded the Army
> Commendation Medal and Good Conduct Medal. Bart's attitude was
> one of duty and honor, he said.
> "He stood up for the underdog and knew right from wrong," Glen
> said of his son.
>
> article.
>
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