When Is An SUV A Deadly Weapon?
It all started on a happy note, a wedding brought family and friends together in Jackson Tennessee to share the beginning of a new life for a young couple. It ended in tragedy and left one man dead and two seriously injured following a fight that erupted outside during the reception. According to a report in the Nashville Tennessean, citing sources from the Madison County Sheriff’s Department, Valentine Rivera, 41, was killed when he was run over and dragged by an SUV driven by Luis Beccerra, 23.
The fight started when Edgar Rodriguez, 27, and his brother Juan, 28, were beaten by Beccerra and two other men with bottles and clubs and sustained unknown injuries. After the Rodriguez brothers were beaten to the ground the victim came to their aide and was himself, knocked to the ground. At this point Beccerra and the two other men jumped into to an SUV owned by Beccerra which backed up quickly running over the victim dragging him for some distance before stopping putting the vehicle into drive and then ran over him again.
My heart goes out to the family of Valentine Rivera for their tragic loss. I offer my deepest condolences to everyone who knew and loved this young man. Please keep them in your prayers.
As an experienced Nashville automobile accident attorney I have warned my readers on many an occasion that when you get behind the wheel of a 3000 pound motor vehicle you are in possession of a deadly weapon and you should act accordingly. The Tennessean article is not clear on whether the driver of the SUV had other options to get away from the scene or if he went out of his way to run over the victim.
In Tennessee under a charge of “Reckless Endangerment” or one of a number of homicide counts, an automobile can constitute a deadly weapon within the meaning of Tennessee Code Annotated section 39-11-106(5)(b). T.C.A. §39-11-302(c) which provides that the mental state of recklessness is established only when the Government proves that the defendant “is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.” This provision also requires that the “risk must be of such a nature and degree that its disregard constitutes gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances as viewed from the accused person’sstandpoint.”
Judge for yourselves, the driver of the SUV knew or should have known that all three of the victims were on the ground behind the vehicle and by rapidly accelerating in reverse he was putting them in danger. We will be following this case and will let you known what transpires. The bottom line here is that if you are driving a car drunk or that you allow yourself to become distracted to such an extent that you fail to pay attention to the road and other vehicles in your path and you cause a wreck that injures or kills another person that you might well find yourself facing criminal charges that could have you facing incarceration for many years. Pay attention and drive safely.
If you or a loved one is injured in a Nashville automobile accident by a reckless driver contact the Nashville accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.
The personal injury law firm of Phillip Miller & Associates is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable Nashville law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation.
Reckless Driving = Jail
to not at fault persons named in this article. The free consultation offer extends to family members as well.
Phillip Miller is a Tennessee Accident Attorney specializing in
Phillip has an AVVO rating of 10.0 (Superb), has been designated as a “Superlawyer”, and is the President Elect of the Tennessee Association for Justice.
Click Here to Contact Phillip
