Vehicular Homicide Charge Dropped Over Toxicology Results Negative. Cop Lied

This is exactly what Im talking about. Cop said he smelled alcohol witness said they saw the suspect drinking before he ran over 3 boys.

Test came back negative. all charges threw out.

What do you think of this? This needs to change, cops lying to make a case.

http://www.newschannel5.com/story/16...issed-in-crash

NASHVILLE, Tenn. – A judge has dismissed vehicular homicide and vehicular assault charges against a man accused of striking three teenagers with his car, killing one.

Alexis Lopez-Rodriguez, 20, was in court for his preliminary hearing Thursday. A judge said there was not sufficient evidence to keep the charges against him since a blood test taken from him found there was no trace of alcohol in his system. However, there was no word yet on whether his blood tested positive for anything else, such as drugs.

The charge of leaving the scene of an accident involving a death was bound over to the grand jury. Prosecutors could present new evidence at the grand jury to reinstate the dismissed charges.

The vehicular homicide and assault charges came after a DUI officer thought he smelled alcohol while Rodriguez was at the hospital following the crash. Police said Rodriguez was driving down Tusculum Road on January 28 when his car jumped the curb, and hit three teens who were on a sidewalk in front of his home.

Kevin Bautista, 15, died in the crash. His brother, 14-year-old Jonathan Bautista, and their cousin, 16-year-old Rene Mendez, Jr., were both hurt. They were treated Vanderbilt Medical Center.

Police said Lopez-Rodriguez got out of his car, went home and had his father drive him to Southern Hills Medical Center. He did not stop help the teenagers and did not call police.

A neighbor called police about the crash.

Where does that mention ANYTHING about a cop "lying"?

Seriously.

Why do you say the officer lied? The officer may well have smelled alcohol in the E.R., or other chemicals that smell like alcohol, and simply been mistaken about the source.

As for the driver, drunk or not, hitting children then scurrying off instead of stopping to help or summoning aid? The term "scum of the earth" comes to mind.

curious as to why the vehicular homicide charges were dismissed at all. It is not dependent on the driver having been drinking.

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Quoting Mr. Knowitall

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Why do you say the officer lied? The officer may well have smelled alcohol in the E.R., or other chemicals that smell like alcohol, and simply been mistaken about the source.

As for the driver, drunk or not, hitting children then scurrying off instead of stopping to help or summoning aid? The term "scum of the earth" comes to mind.

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Well for one

The cop should had known where alcohol was coming from. Your suppose to have good judgement and observation. if your in a hospital with hundreds of people around then what the heck.

2nd the suspect and where the kids was hit was in front of his house, the kids lived next door. The father seen the accident so their was really no reason to call 911 because plenty of adults saw it. The kid he hit was his friend

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Quoting jk

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curious as to why the vehicular homicide charges were dismissed at all. It is not dependent on the driver having been drinking.

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I wondered that as well, but I think it was because the officer stated he charged him with those charges based off the fact he thought the suspect was drinking

You make no case that the officer was lying.

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Quoting itsjustme

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The cop should had known where alcohol was coming from.

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Apparently he thought he did. "Probable cause" does not mean "absolute certainty." Being mistaken is NOT a lie no matter how much you might want it to be.

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2nd the suspect and where the kids was hit was in front of his house, the kids lived next door. The father seen the accident so their was really no reason to call 911 because plenty of adults saw it. The kid he hit was his friend

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Wait ... what??? No reason to call 9-1-1?!?! A KID DIED!!!! And two more were injured! By all means, you call 9-1-1 and you get help and hunt for the idiot that killed someone!!!

The driver still faces other felony charges and the prosecution is free to re-introduce the dismissed charges later (assuming that he can meet the burden of proof to substantiate the charges). Oh, and there is no word on the presence of any drugs.

no actually every charge is dismissed and the suspect is free. Prosecutor ended up not pursuing the other charge of hit and run which is a misdemeanor not felony

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Quoting itsjustme

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no actually every charge is dismissed and the suspect is free. Prosecutor ended up not pursuing the other charge of hit and run which is a misdemeanor not felony

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Do you really think for one moment that he is NOT going to be charged with something?

I didn't say he was in custody only that he still faces felony charges - which he is! The matter is headed to the Grand Jury. Oh, and hit-and-run resulting in death is a Class E Felony (55-10-101). That ought to be pretty easy to prove to the GJ.

And in reviewing the vehicular homicide laws of TN, vehicular homicide would generally apply only if their was some form of impairment or inherently reckless act. Impairment would also be required for vehcular assault. Being an idiot is not apparently sufficient to result in such a charge. Seems odd to me that TN has no vehicular manslaughter law. Perhaps the class E felony for criminally negligent homicide would apply in the same way as our veh. manslaughter law might. I'd say that jumping the curb is likely a negligent act and could be used as the proximate cause to the charge. But, I am not from TN so case law might refine it further.

Your right the leaving the scene of accident is bound over to grand jury but I know they have released him from jail. Regards to hit and run, is it really hit and run, the neighbors knew him, the kid he hit was his friend and the person he hit lived next door to him. So everyone knew him so knows the issue is identifying himself. he was already identified before even getting out of the car. The leaving the scene of a accident is a misdemeanor here unless he knew death was involved

And I know your a cop but just because something bad happens dont necessary make it seem what it is. from what I hear is tire blew out which cause him to swerve on the curb. Reason he went into the house was because the kids father was going to grab a shotgun, so he went into his house and then his dead took him to the hospital. 2 hours later the blood test was done and it was negative. They also said 2 of the kids was playing the street

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Quoting cdwjava

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Do you really think for one moment that he is NOT going to be charged with something?

I didn't say he was in custody only that he still faces felony charges - which he is! The matter is headed to the Grand Jury. Oh, and hit-and-run resulting in death is a Class E Felony (55-10-101). That ought to be pretty easy to prove to the GJ.

And in reviewing the vehicular homicide laws of TN, vehicular homicide would generally apply only if their was some form of impairment or inherently reckless act. Impairment would also be required for vehcular assault. Being an idiot is not apparently sufficient to result in such a charge. Seems odd to me that TN has no vehicular manslaughter law. Perhaps the class E felony for criminally negligent homicide would apply in the same way as our veh. manslaughter law might. I'd say that jumping the curb is likely a negligent act and could be used as the proximate cause to the charge. But, I am not from TN so case law might refine it further.

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