Legal

Throw Your Kids a Beer Party, Go to Jail -- For Two Years

profwhat.

Posted to Legal on Sun Jun 10, 2007 at 10:12:29 PM EST (promoted by port1080). RSS.

Elisa Kelly and George Robinson are about to serve 27-month jail sentences.  Their crime?  For Kelly's son's sixteenth birthday party, they gave beer and wine to her sons and their 15- and 16-year-old friends.

Kelly did it, she said, because she thought the kids would get alcohol anyway, and she'd rather they drink in safe environment.  Kelly and Robinson (now divorced) had strict rules:  Everyone who attended had to spend the night, and she even collected car keys.  When the police arrived to break up the party, it looked like nine attendees had drank, but none were intoxicated.  Prosecutors, however, noted that Kelly lied to other parents about whether alcohol would be served, and might have even told some kids to gargle with vinegar to hide the alcohol in their breaths.

The prosecutor recommended a 90-day sentence, but the judge threw the book at the couple, sentencing them to eight years in jail.  Apparently, the judge thought it was particularly poor form to throw the party after the recent alcohol-related death of another student at the high school.  The sentence was reduced after appeal to 27 months.

Even that sentence will likely have a lasting effect on the family.  Ryan, in whose honor the party was held, dropped out of high school, canceled plans for college, and now works full time at UPS.  His younger brother, Brandon, is now a sophomore in high school.  He'll finish high school with his mother behind bars.

Tags: edited by Port1080, written by profwhat, beer, parties, parents, jail (all tags)

This story: 10 comments (3 from subqueue)
Post a Comment
1

Re: Throw Your Kids a Beer Party, Go to Jail -- Fo

port1080.

Sun Jun 10, 2007 at 10:19:21 PM EST

none

This is a fucking travesty. People do less time for armed robbery. What the fuck? Does anyone think this sentence is even remotely close to just? Does anyone think this will deter underage drinking in any way? Makes me want to go to the high school tomorrow and hand out six-packs. No coherent post here - just outrage. One more reason I'll never live anywhere remotely close to the deep south...

Ce n'est pas une pipe. C'est une signature.

10

^ 1

Fo

Steve Urkel.

Mon Jun 11, 2007 at 06:28:37 PM EST

5.00 (astute)

This is about 119 times worse than blowing away your husband with a shotgun.

2

^ 1

Re: Throw Your Kids a Beer Party, Go to Jail -- Fo

pO157.

Sun Jun 10, 2007 at 10:23:37 PM EST

none

This was just poor. If anything is deserving of a pardon from the governor or whoever, this is it. Also, this should prompt a serious discussion in this country about WTF is up with the rediculous liquor laws around here. For instance, today I heard some bullshit MADD radio commercial about how they should reduce the DUI BAC to 0.06 or some crap. Fuck that.

Some lady tries to encourage responsibility among kids (although going against their parents wishes was probably tres stupid) and she gets smacked down? That is bullshit. It's time for a serious debate about removing that bullshit highway funding requirement for keeping the limit at 21. Hell, I bet if teenagers put down the bong and started mobilizing politically they could have it changed.

Also, this was not coherent, just moral of outrage. Somebody should send this to Bill O'Reilly and see if he'd make it his most rediculous item of the day.

/Done

Bart, don't make fun of grad students. They've just made a terrible life choice.

3

^ 2

Re: Throw Your Kids a Beer Party, Go to Jail -- Fo

snwodttam.

Sun Jun 10, 2007 at 11:18:28 PM EST

none

For instance, today I heard some bullshit MADD radio commercial about how they should reduce the DUI BAC to 0.06 or some crap. Fuck that.

I completely agree with the strange liquor laws that one can find in the States.  And I share your outrage at the cruel and unusual sentencing of this couple.

However, I don't think that lowering the BAC to .06 is really such a bad idea.  In fact, I don't think that lowering it to .00 is a bad idea.  I live in Japan which has a .00 BAC law and also has a heavy, heavy drinking culture.  I see (personally)  very very few instances of drunk driving here (1 in the last 4 years).  I hear about certain instances on the news, but I know no one who has been brought up on a DUI, nor have I heard stories of friend's friends brought up on a DUI.  

Along with the heavy drinking culture there is also a heavy stigma against driving drunk or even driving after having drunk a single beer.  Garnted, that stigma is something that is lacking in US culture and that might not translate immediately if we adopted a .00 BAC.

4

^ 3

Re: Throw Your Kids a Beer Party, Go to Jail -- Fo

port1080.

Mon Jun 11, 2007 at 02:26:34 AM EST

none

Along with the heavy drinking culture there is also a heavy stigma against driving drunk or even driving after having drunk a single beer.

The thing is, we do tolerate impaired driving from any number of other things - or at least, we don't penalize it anywhere nearly as much as we do drunk driving. I don't think anyone should go out and get plastered and then take a cruise down the highway, but having a beer or two with lunch is not going to impair a person's driving more than constantly changing the radio station or talking on a cell phone or any number of other things that either aren't a crime or only result in light penalties. Some states get it more or less right and have gradations of penalties depending on the BAC, and waive the first conviction if you do an alcohol awareness program - I can get behind something like that. It's the crazy no judicial discretion, mandatory sentencing on the first offense laws that are nuts.

As an aside - and this isn't really an excuse for drunk drivers, but I think it explains why it's so hard to completely stigmatize drunk driving in the US - it's going to be hard to completely eliminate drunk driving without installing a much more universal public transportation system in the US. Even in most of the big cities, buses and subways quit running at midnight..and bars usually don't close until 1am or 2am or later. Taxis are expensive as hell if you're going further than walking distance, and if you do choose to walk at that time of the morning you're liable to get mugged or arrested yourself for public drunkenness. Given the minimal amount of options, it's no wonder a lot of people take their chances driving.

Ce n'est pas une pipe. C'est une signature.

8

^ 4

Re: Throw Your Kids a Beer Party, Go to Jail -- Fo

pO157.

Mon Jun 11, 2007 at 03:49:39 PM EST

none

It's the crazy no judicial discretion, mandatory sentencing on the first offense laws that are nuts.

See, that is the problem. Some average person who gets pulled over for a technical reason --- busted taillight but is otherwise driving normally without creating a hazard and is found to have a BAC of 0.08 gets treated exactly the same as a crazy alcoholic who gets busted driving with no headlights on at 3 in the morning in a friends vehicle she jacked from him without permission, swings at the cops while screaming about her civil rights and has some insane "Put your Initials Into the Breathalyzer -- You're A Top Score Winner!" BAC get treated exactly the same way for the DUI. Lack of judicial discretion is a horrible thing.

I'd rather see the penalty for first time "borderline" DUI made equal to that of a traffic ticket. Enough people will get scared by the 6 or 8 hours they spend in the cop shop drying out anyway that they will never let it happen again, and those who aren't fazed by that sort of thing aren't gonna be stopped by the "BURN THEM ALL AT THE STAKE!" mentality MADD seems to be pushing nowadays for first time offenders. People make mistakes and judges should be allowed to determine the appropriate penalties in cases like this.

On a related note, I actually saw some shrill jackass from MADD on TV during the whole P. Hilton Brou-Ha-Ha expounding about how all first time offenders need to do 45 days (at a minimum) right off the bat as well as be labeled alcoholics and be publicly humiliated -- and in addition 0.08 is way too high of a limit! Won't somebody think of the children! Cut it in half, etc! I wonder what it says about this country when the ideas of people like that are seriously considered by rational thinking adults.

Bart, don't make fun of grad students. They've just made a terrible life choice.

5

Its what the people want

wetkarma.

Mon Jun 11, 2007 at 05:15:55 AM EST

none

Random Thoughts:

  1. Second link makes clear that the prosecutor offered the couple a deal before the case went to trial. When you refuse a deal (as is your right), you also know (or at least your counsel advises you) what the theoretical sentence is.

  2. Aggravated circumstances is a well understood legal concept - this couple throwing the party after a recent high school death, lying to the parents etc.  certainly qualifies.

  3. Most importantly - these are the laws that groups like MADD and the 'think of the children brigade' has wrought with the approval of voters. Either we want to take a puritanical approach to alcohol/drugs or we don't. If these people were black, I wonder whether it would even be a story?

  4. The whole 'this has destroyed the lives of the kids' line of argument cuts no ice with me. This is the same argument that people make about illegal immigrants and their kids. Argue the sentence is unjust on its face - don't give me a horse and bull story about how its the SENTENCE thats screwed up the family.

Memory is a strange bell, jubilee and knell.

6

^ 5

Re: Its what the people want

pO157.

Mon Jun 11, 2007 at 03:35:16 PM EST

none

Second link makes clear that the prosecutor offered the couple a deal before the case went to trial. When you refuse a deal (as is your right), you also know (or at least your counsel advises you) what the theoretical sentence is.

If they insist on going to trial it doesn't matter what the terms are the prosecutor offered them. I don't understand how in cases like this or the teen having consensual sex with the 15 year old the prosecutor can turn around with a straight face and say "Well, I offered him half that."

Aggravated circumstances is a well understood legal concept - this couple throwing the party after a recent high school death, lying to the parents etc.  certainly qualifies.

The only "aggravated factor" I'd accept here is not telling other parents about it. Just because some random high school kids died doesn't mean that the surrounding region must force upon itself an extended period of puritanical mourning. Also, if one accepts the "Think of the children! OMG 9/11!" mentality they would have to accept that the parents held said party out of an attempt to mitigate the chances of such a thing happening again. For example, when I graduated high school the local busybodies sent the graduating class on a boat cruise around some harbor that entire night so we could "party" in a "safe monitored environment." Now, I would argue that if the parents of one of the kids got pissed and sued because their kid was hawking up a lung over the boat railing for 4.3 hours straight because of the quantity of narcotics and alcohol they ingested during said monitored party while onlookers shouted "Where's your God now?" & etc that it was better that they did it there and not in some random 16 year old's daddy's Oldsmobile LG8.

The whole 'this has destroyed the lives of the kids' line of argument cuts no ice with me. This is the same argument that people make about illegal immigrants and their kids. Argue the sentence is unjust on its face - don't give me a horse and bull story about how its the SENTENCE thats screwed up the family.  

Agreed. That line of logic should immediately cause the same results as Godwining a thread on the internet - the person who pulls it out should forfeit all possibility of "winning the debate."

Bart, don't make fun of grad students. They've just made a terrible life choice.

7

This Kind Of Thing

thefadd.

Mon Jun 11, 2007 at 03:37:08 PM EST

none

...happens all the time in the south jersey area. Usually at least once per prom season/summer I read about this in the papers. And yeah, the offending adult does time. It sucks ass but unless you want to fight for something that would make sense (like dropping the liquor law age to 16), them's the laws and I don't see why anyone is surprised.

make it rain you nappy headed ho's

9

^ 7

Re: This Kind Of Thing

pO157.

Mon Jun 11, 2007 at 04:02:01 PM EST

none

It sucks ass but unless you want to fight for something that would make sense (like dropping the liquor law age to 16), them's the laws and I don't see why anyone is surprised.

This needs to be seriously considered. How many idiot college freshmen pound shot after shot of some low quality (low quality = plastic jug and sterotypical/borderline racist picture of dancing hairy russian guy in ethnic garb on label) vodka because they don't know how they will react to its effects or how to drink socially in moderation?

Hell, I briefly dated a girl in college who apparently did not know her limits and who at once instance which was apparently her first experience with alcohol proceeded to drink several shots of a most foul concoction known as Old Grand Dad 114 in rapid succession, thus leading to me and others taking care of her while she got sick 5 minutes later. It was extremely doubleplusungood.

I would imagine that demystifying drinking and allowing teenagers to learn moderation in the home under the watchful eyes of parents would be the best approach to decreasing these shenanigans in the future. However, this is extremely unlikely to pass anytime soon.

I would be fine with 16 in the home under supervision of parents and with a strict drink limit and 18 for unrestricted drinking like the 21 year olds have now. A compromise between the "Think of the Children" types and everybody else could be that if graduated licenses and other age based restrictions MUST be put on the young then perhaps the alcohol age could be reduced as a concession.

Bart, don't make fun of grad students. They've just made a terrible life choice.

This story: 10 comments (3 from subqueue)
Post a Comment