The latest on my HSAGO

[stevehebert]

What is a HSAGO you ask? Well simply put, it is a Harry Simmons assisted Get Off. Of course that relates to the crash that Krista and I had this past summer as that S&^t head hit us and ran us off the road on the return leg from the national.

Here is the body of the letter that I sent to Mr. Miller, the DA for Tucker Couty, WV and his response to me:


Mr. Miller,

I received the copy of the arrest report for Harry SimmonsÔÇÖ involvement with my motorcycle accident in Thomas, WV on 23 July, 2007. I am surprised that it does not make mention of my 18 year old daughter, Krista Hebert, who was my passenger during the time of the accident. I feel that the judge may want to be aware that she was involved as well. Mr. Simmons could have seriously injured or killed both of us. Krista, a freshman at the University of Alabama at Birmingham (UAB), is studying in the field of health care professions. She wants to be a rehabilitation/physical/occupational therapist. Krista also has her sites set on graduate school/medical school. She was a valedictorian of her high school class and awarded a tuition scholarship to attend UAB.

I am a retired Army officer with over 20 years of dedicated service. I served in Desert Storm, Bosnia and in the Philippines. Currently, I am a Department of the Army Civilian helicopter instructor pilot that trains the future Attack/Reconnaissance helicopter pilots. These young men and women will fill positions in the tactical units and deploy to support the global war on terrorism. Recently, I was awarded the 2006 Instructor Pilot of the Year for the U.S. Army Warfighting Center. I have volunteered to go overseas again to work with the International Narcotics and Law Enforcement Agency. Maybe our biography can help you during the trial to show the caliber of people whose lives were jeopardized by Mr. Simmons careless actions.

What I would like to see happen to Mr. Simmons is this:

I would like him to serve some jail time and ultimately court-ordered placement into a residential alcohol treatment program directly from jail. He should go to treatment directly from jail. I would like to see him in a program for 90 days. When he gets out of treatment, he should be court-ordered to go to the local police department and blow into the Alco-sensor two times per day, 6:00 a.m. and 6:00 p.m. He must blow .000. ~ If not, it should then be considered a violation of his probation and he should go directly back to jail.

Please provide me with his docket and/or court case number so I can track the progress of this case.


Thank you,



Steven Hebert


Dear Mr. Hebert,

The case numbers for this defendant in the Tucker County Magistrate Court are 07-M-170 and 171.

I like your recommendations in your September 23rd letter as far a punishment for Mr. Simmons goes. However, practically I don't believe we can comply.

I will try to make sure he gets some jail time and I would like to see him enter a treatment program. He will have to take alcohol treatment classes before he can regain his license here in West Virginia.

I may even suggest that he go to the Community Corrections Program, which is a program where they find him a job in Elkins and provide him with a place to live. He would have drug and alcohol testing daily while in this program. I am not sure that he will be eligible for this but it is a consideration.

A hearing was scheduled in the Magistrate Court for October 16, 2007. However, Mr. Simmons now has an attorney and he has filed a motion to continue the hearing. I will let you know as soon as a new hearing date has been scheduled.

Sincerely yours,

William M. Miller


I think that Mr. Miller needs to hear from as many of as as possible to voice our concerns of a verly light sentence on Mr. Simmons. We cannot allow this type of behavior to continue. We all are aware of Mr. Christ who was killed only a few miles from the nation rally site on his way home from the same type of behavior. Drunks have no rights on the road at all! If you feel so inclined to contact Mr. Miller, he can be reached at:

Tucker County Prosecuting Attorney
William M. Miller, Prosecutor
215 1st Street Suite 4
Parsons, West Virginia 26287
304-478-3511 tele
304-478-3674 fax

Thanks for your efforts on this.

 

[bobs98]

Keep us posted

Steve, Hope all is better for you now. Tim informed me of your accident and we have prayed for yours and Krista's recovery.

You might also want to send something to the AMA regarding your case. They have an interest in following these incidents, including the Bill Janklow case. I think you would go thru the Government Relations part.

Ride safe,

Bob

 

[stevehebert]

Justice served? I think not!!

Here is the letter I received from the prosecuting attorney in Tucker County West Virginia in reference to the "deliberate" I was involved in returning home from the national with my 18 year old daughter.

Dear Mr. Hebert:

On 11/27/07, Mr. Simmons pled no contest to drunk driving. The Magistrate sentenced him to 24 hours. In jail, fined him $100.00 plus $240.50 court cost. For leaving the scene of and accident, he also pled no contest. The Magistrate charged him $1.50 fine plus $165.50 court cost. He will also lose his driverÔÇÖs license for 6 months. He will not be able to get his license returned until he completes the West Virginia Alcohol treatment class. This is an additional expense of approximately $350.00. The class usually lasts 6 weeks, but longer if you continue drinking.

If he is caught driving now, he must spend a minimum of 6 months in jail.


This is why we need federal mandated laws on things like drunk driving, murder, rape, etc.

I bet if he killed one of us he would have been charged $2.50.

What a friggin joke!

Please fight hard for Don Christ and don't allow this injustice to happen to his memory.

 

[535IS]

Here is the letter I received from the prosecuting attorney in Tucker County West Virginia in reference to the "deliberate" I was involved in returning home from the national with my 18 year old daughter.

Dear Mr. Hebert:

On 11/27/07, Mr. Simmons pled no contest to drunk driving. The Magistrate sentenced him to 24 hours. In jail, fined him $100.00 plus $240.50 court cost. For leaving the scene of and accident, he also pled no contest. The Magistrate charged him $1.50 fine plus $165.50 court cost. He will also lose his driverÔÇÖs license for 6 months. He will not be able to get his license returned until he completes the West Virginia Alcohol treatment class. This is an additional expense of approximately $350.00. The class usually lasts 6 weeks, but longer if you continue drinking.

If he is caught driving now, he must spend a minimum of 6 months in jail.


This is why we need federal mandated laws on things like drunk driving, murder, rape, etc.

I bet if he killed one of us he would have been charged $2.50.

What a friggin joke!

I hope you aren't expecting the only penalties here to come from the criminal justice system. Have you retained someone to sue his ass? Did you have no input as to restitution to be paid to you? Is your insurance company not pursuing his (or him, personally, assuming he had no insurance)? In most states, failure to have insurance or to make adequate payment arrangements will cost the guy his license for a lot longer, like 7 years.

I am sometimes stunned to see people who seem to think that the only thing that can be done to someone like this is prosecution. Well, here's some news for you. All the fines and jail time in the world isn't gonna give you one red cent, but getting a judgment and garnishing his wages for the rest of his sorry life (or until you and your daughter are at least somewhat compensated) will. The professional 'FWIW' I can add is that this is a debt that is specifically excepted from bankruptcy discharge, so it follows him until either he's dead or you're paid in full. Just be sure to have a decent bankruptcy lawyer to call on when & if he tries. You will need help preserving it through that court.

 

[kbasa]

Remember that what you post here is visible to Google.

Do you really want to put your legal case's documents up here?

 

[tourunigo]

Remember that what you post here is visible to Google.

Do you really want to put your legal case's documents up here?

FWIW... google 'Harry Simmons Arrest' and this thread is 4th down. Maybe the impact is nothing but certainly something to be aware of. -Bob

 

[stevehebert]

Remember that what you post here is visible to Google.

Do you really want to put your legal case's documents up here?

It's all public record and maybe someone with more time and effort than me can use it in other cases.

Financial compensation is not what this is about. I care less about the money aspect, more on the punitive side of this.

He is a scum bag. He needs to be punished.

Steve

 

[RIDERR1150GSADV]

It is a shame that the judicial system lags behind law enforcement by a mile. The LEO's are really trying to get these anti-social varmin of the roads, but the judiciary slaps these drunks just on the wrist...
I was in traffic court once and the horse trading there made me sick, as total losers with multiple infractions and mile long records were let off...
Good luck with your plight..

 

[aa3jy]

Bill Janklow-Update

Former Gov. Bill Janklow dead at age 72
January 13, 2012

Former South Dakota Gov. Bill Janklow, who served 100 days in jail for killing a motorcyclist in a traffic crash, died of brain cancer on Jan. 12. He was 72.

In 2003, Janklow was sentenced to 100 days in jail after being convicted of felony manslaughter for driving a car through a stop sign at a speed estimated at more than 70 mph into the path of motorcyclist Randolph Scott, 55, of Hardwick, Minn. Scott died at the scene.

Janklow also lost his driverÔÇÖs license for three years, was placed on probation for three years and was ordered to pay $11,000 in fines in costs.

The Associated Press reported that Janklow announced at a news conference in November that he had inoperable brain cancer and his only regret was running the stop sign and killing Scott.