N.J. Man on Trial for Friend's Fatal DWI August 1, 2002
News Summary
In a groundbreaking case, a 40-year-old New Jersey man is being tried for allowing his friend to drive after a night of drinking, the Associated Press reported July 30.Two years ago, police called Kenneth Powell and asked him to pick up his best friend Michael Pangle, who was arrested for drunken driving. Powell picked up Pangle from the police station and drove him to get his sport utility vehicle.
An hour later, Pangle collided with another car, killing him and 22-year-old Navy Ensign John Elliott. Pangle's blood-alcohol content when he died was 0.26, more than twice the state's legal limit.
Powell was charged with manslaughter, vehicular homicide, and aggravated assault by auto. Prosecutors said he was responsible for both deaths because he allowed Pangle to drive. If convicted, Powell could face up to 15 years in prison.
"Kenneth Powell made a series of conscious decisions to set that whole thing in motion, even though he knew better," prosecutor Michael Ostrowski said to the jury. "Nobody is here saying he intended anyone to get hurt. But he intended to set that reckless conduct in motion, knowing there was a real risk."
Powell's lawyers countered that the New Jersey State Police are responsible because they gave Pangle his car keys and directions back to the vehicle. "As a third party, to what extent are you obligated to take the keys? You could be setting yourself up for battery or a disorderly conduct charge if you get into a fight and a neighbor or someone else calls to report it," said defense lawyer Frank K. Russo.
The case represents the first time a friend with no direct involvement in a drunken-driving crash has been charged for not stopping the driver involved.
The case has already resulted in a change in New Jersey law. Last year, the legislature passed a bill allowing police to impound the vehicles of drunken drivers for up to 12 hours after their arrest.
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