FF Gets Prison in Fatal Responding Crash

From the Secret List...
Missouri Volunteer Firefighter Dominic Gillen received a 3 year prison sentence yesterday for a fatal responding traffic crash that happened in November of 2006. Gillen pleaded guilty last summer for voluntary manslaughter for the death of 17 year old Jacob Yeates. The Missouri Highway Patrol estimates Gillen was speeding at 84 mph and he passed a family of four in a no-passing zone on a blind hill on Missouri 76. His car hit head-on a car driven by Yeates, a high school Junior. Gillen, a member of the Goodhope FD, was responding to a brush fire in a POV with no lights or siren. He received minor injuries in the crash.
3 years in prison is what Prosecutors recommended. At the sentencing hearing, the victim's mother gave a victim impact statement and urged the judge not to grant probation.
Take Care-BE CAREFUL. SLOW DOWN.

Please drive carefully and follow your HTA. Obey the limits, stop at all stops and red lights (and do not proceed through in personal vehicle), and as learned in this tragic lesson, do not pass on a blind hill, double line. You would think it wouldn't need to be said, it's common sense, but apparently it does. Be careful out there, we face enough dangers without creating added risk on the roads.

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Permalink Reply by Kevin King on January 11, 2008 at 4:37am

Bottom line is, if you take for granted any thing it will burn your ass. The boy was wrong for driving that fast with or without early warning devices, anyone that takes a grass fire for granted is a fool. Read the reports, I don't care where you are from people die it doesn't matter if you live in Idaho or Illinois. We are here to protect lives and property. Saftey is always the first and utmost consideration. WE are ultimatly responsible for training the young people coming into the JOB. If you consider yourself above being responsible maybe you should reconsider your position. YOU & ME and EVERYONE LIKE US IS RESPONSIBLE. This is a very unfortunate accident, it happens every day. EVERYDAY IS TRAINING DAY, EVERYONE GOES HOME.

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Permalink Reply by Art "ChiefReason" Goodrich on January 11, 2008 at 7:09am

I have re-considered my position.

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Permalink Reply by Engineco913 on January 11, 2008 at 9:17am

This is a sad story that is another brutal reality we all face as Emergency Responders. In the article which I assumed was copied and paster it was called voluntary manslaughter. I think it is a misquote on the term voluntary Manslaughter. Voluntary manslaughter is a term used for murder when there isn't enough evidence to form a conviction, and usually attached to a plea agreement. Involuntary manslaughter is a more appropriate term for what has happened. The firefighter didn't say I'm going to go 200mph and kill someone on my way to this call. (perhaps Curt could help here)
Either way we all are held accountable for each of our own actions, be it the fire ground, or enroute to the scene. We end up paying a higher price than most do, because as a firefighter going to the scene of an accident you are a news story for months. EVOC classes, department SOP's and SOG's and also a department diciplinary committee could have averted this tradgety. If the firefighter who is in prison now would have been diciplined in house a time or two for excessive speed, this could potentially have been avoided. My heart to the victims, and I hope that the firefighter who is now cursed with the memories of that accident (and every one of us that read this story) have learned a valuable lesson. Noone is invisible to the law. Noone is a perfect driver (even when theres perfect conditions) Accidents happen, but keep your speed down, follow the traffic signals and signs and come home.

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Permalink Reply by Curt Varone on January 11, 2008 at 9:49am

Voluntary manslaughter is a "lesser included offense" to murder - in other words it has some of the elements of murder but not all. The biggest difference between manslughter and murder is the state of mind. Murder requires an intentional state of mind. Manslaughter requires a "reckless" state of mind.

Reckless is a more serious state of mind than negligence - and generally simple negligence is not enough to convict someone of manslaughter. However some states do recognize negligent homicide.

The distinction between intent (murder) - reckless (manslaughter) - and negligence - can be challenging. Usually intent for murder requires a purposeful action or conduct that is quite certain to result in harm.

To be reckless requires knowledge of an unreasonable risk of harm, and a conscious decision to disregard that known and substantial risk.

Negligence is failing to exercise the care that the reasonably purdent person would have exercised under the circumstances.

In any case it is a jury's decision if someone acted with intent, recklessness or negligence.

Note: This is the 10 cent version - there are exceptions and additional details, etc. etc. etc.

Curt
www.firelaw.biz

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Permalink Reply by Allen Wahlstrom on January 11, 2008 at 10:00am

10 over..thats the law...when conditions allow for it safely! It's simple folks, there is a reason for every law we have on the books, like em or not, someone has done something stupid to give legislators a reason to push that law. As emergency responders we getr 10mph ove rthe posted limit, when conditions allow for it to be done safely. Passing on a blind hill at 20 over is NEVER a safe condition. In your POV, emergency vehicle, or any other means of transportation.
It doesnt make a lick of diffenernce if you are going to an MVE/TC/MVC(insert your own local term), a reported structure fire, etc...our first job as responders is to get there safely and not take away resources to fix our f*ck up. My, your first responsibility is to our safety and going home to our families. Hauling tail with your hair on fire might sound cool, but how many people die every year in POV accidents responding to an emergency?
I know I sound like the old guiy at the station who is all mr safe, and bythe grace of god in 24+ years I have never been the driver in an accident responding anywhere, vollie, paid, etc... I do however have two wrists taht ache in winter and never feel quite right from a stupid accident caused enroute to our rehab area in a track vehicle. (for those of you not in the wildland know...a track vehicle is exaclty that...basically a light tank with 1200 gallons of water and a booster pump for heavy cedar) It was only a 35mph impact, but 35mph and a 3' oak tree make for some nice RDT.
Slow down guys, the fire is still gonna be there when you arrive...point being you have to arrive!

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Permalink Reply by Art "ChiefReason" Goodrich on January 11, 2008 at 10:05am

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Permalink Reply by Tim on January 11, 2008 at 10:24am

I couldn't even comprehend what life would be like if I were this kid. Our S.O.Ps (which I believe to be national standard) states that, code 3, we are allowed 10 mph over the posted speed limit. That's code 3 in a district apparatus. We are discouraged from responding POV but it happens sometimes. However, those responding POV are held to the speed limit. Our training officer was very animate on the fact that no incident is worth killing yourself (or others as in this case) to get to it. I have to admit that I would sometimes think I had to go "balls to the wall" to an incident. Sometimes the adrenaline would take over and cloud my judgement. It took being suspended from driving for a month to realize the importance of getting to the scene safely. Where I wouldn't go 80+ mph (I actually didn't come to a complete stop at a red light) but I can see how the adrenaline can have someone who is young at this, screaming to a scene. Just realize that flying to the scene at such speeds doesn't save enough time to warrant the danger you would be exposing yourself and your crew to (not to mention "bystanders" as in this case).

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Permalink Reply by Oldman on January 11, 2008 at 11:07am

Jeff, I understand your frustration. But lets look at this from a management prospective. You are the head of the department. You bring out this policy, guideline, or what ever you want to call it. It is very explicit with little room for doubt. You may not speed! You may not act as an emergency vehicle. You will follow all traffic laws, etc. You have disciplinary actions to take in the event it is proven someone violated these rules. You, make this information known to all employees and or members. But, you cannot be with these folks all the time. Neither can your officers.

So I have to disagree with some of your point. Yes I know that there are departments which are lax on policies and enforcement, and it will eventually come back to bite them. But policies and guidelines while written to some extent to provide rules for us to follow, are mainly to protect a department or organization in the event of an incident. The best policy written can only be as effective as the individual who is willing to follow it.

What I choose to instill in my people is; there is no fire worth killing someone else in order to put it out. Fires eventually will go out, whether we are there or not. As an officer, I can control the operation of a department apparatus, but I am seldom riding with someone in their personal vehicle, so the control is totally in their hands.
I would hope they might remember what I tell them and to make the right choice.

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Permalink Reply by Engineco913 on January 11, 2008 at 2:03pm

POV's with no red light AND siren are not covered by insurance. Red light AND siren are simple methods of REQUESTING the right of way. It is not IMPLIED that you can drive like a fool 100 mph weaving in and out of traffic, blowing through stop signs, and stop lights. We are held accountable for our actions while in a POV (as well as a fire apparatus while responding. You can be charged from an accident while in a piece of fire apparatus) The laws for each state are differant. I know in New Jersey (accourding to a website I visited) it is mandatory to pull over for a firefighter in a POV with a light flashing. In Rhode Island, if your in a POV with a light, you have to have a Warning Light Permit (4 hour classroom and testing). This permit is granted with a Chief of the Fire Department, and Chief of the Police Departments signature only. However, where it gets a little off is you can run a light with the permit, but if you don't have a siren with the light, your still back at square 1. Getting to the scene fast is something we all want, but endangering ourselves, and the public isn't worth adding more risks than we already assume by being firefighters. If you get in a wreck before making it to the scene and your hurt, or hurt someone else what was truely gained?

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Permalink Reply by Art "ChiefReason" Goodrich on January 11, 2008 at 2:25pm

How many of your departments are running checks on their members driver's licenses?
When a member gets a ticket for any reason, are they required by your by laws to report it to you?
Do they have to possess the properly classed driver's license to be a member and to drive apparatus?
How many of you are setting up drivers' training classes for your members?
Volunteer Fireman's Insurance Services has an outstanding driver's training program.
Who's doing what to hopefully avoid these types of tragic accidents?

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Permalink Reply by Engineco913 on January 11, 2008 at 2:32pm

We just completed the VFIS drivers training program. (awesome class) This class as well as license checks and road competency cources are going to be done on a yearly basis. With the amount of LODD's being so high in response vehicals at intersections it is imperrative to train. Maybe that split second flash back to training could save your life, or someone elses life.

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Permalink Reply by Tim on January 11, 2008 at 3:13pm

Very good points, Engineco913. Another thought is what good are you to the incident if you get in a wreck on the way there? Now you just added at least one more victim to the incident. Not a good thing.

FF Gets Prison in Fatal Responding Crash

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