Killing someone while driving ‘typically charged as a misdemeanor,’ Fresno attorney warns
FRESNO, Calif. (KSEE/KGPE) – The sentencing of Lisa Spoors on Wednesday, charged with five years in prison following the hit-and-run death of a 15-year-old in Fresno, has highlighted what one attorney warns is a growing problem for pedestrians.
“I think most people are surprised to know that, in the state of California, if you are ordinarily negligent [while driving] and cause someone’s death, it’s typically charged as a misdemeanor,” said Fresno-based attorney Kevin Little in an interview on Thursday. “Which means you won’t spend any time in jail.”
Everything that led up to Lisa Spoors’ sentencing in the hit-and-run death of a 15-year-old student
According to Little, ordinary negligence is a broad term that includes (but is not limited to) speeding, failing to yield, and even running a stop sign. Little says if someone is found to exhibit ordinary negligence they can end up only getting a misdemeanor – even if they kill someone.
In the case of Lisa Spoors, Little says that while he may not question the verdict – he does acknowledge the public’s perception of it.
“The eyeball test, right? Public perception is that this defendant may have gotten off lightly.”
Little cited the verdict and Spoors’ initial arrest as part of the controversy surrounding the case.
“It’s concerning,” Little said. “Talking about the eyeball test, someone that waits five days to turn themselves in is not a good look.”
Little also cited the lack of transparency with Rashad Al-Hakim’s family after his death. Ragina Bell, Al-Hakim’s mother, said she found out Lisa Spoors was wanted in connection with her son’s death by searching public records.
“The victim’s family members should not be in the role of having to investigate.”
Rashad Al-Hakim was 15 years old, crossing the street near Hoover High, when he was struck. Lisa Spoors, who was found to be under the influence, drove away from the scene. On Wednesday, Spoors was sentenced to five years in prison – of which Spoors would have to serve 16 months following the verdict due to time already served, according to Spoors’ lawyer.
‘Give him justice’: As Lisa Spoors is sentenced, victim’s family fights for more
Little says Spoors’ case is indicative of a larger cultural pattern and a developing problem.
According to Little, pedestrians always have the right of way. However, he also says it is all too common for drivers not to yield – and ordinary negligence can protect those drivers even if they hit and kill someone.
He also says the punishments for drivers can be much less severe if drivers choose not to comply with the law, much like in the case of Spoors who fled the scene.
“If you’re not stopped reasonably after [for DUI] no one can get timely blood or breath from you,” Little said. “The penalties become much less severe and you’re looking at less serious charges.”
Little says distracted drivers can be just as dangerous as those who are under the influence behind the wheel.
“We need to do something to discourage what appears to be increasingly common behavior,” Little said.
Little added that, with people becoming increasingly dependent on their phones, it is up to lawmakers and law enforcement to find a solution to this new problem.
