Hit and Run in America & Vehicular Murder

Hit and Run Laws in USA:
In Texas, the crime is a third degree felony if the accident involves a fatality or serious bodily injury. Accidents causing less serious injuries are punishable by imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year and/or a fine not to exceed $5,000. Accidents causing $200 or more in total damages without injuries are punishable by a class B misdemeanor, and accidents causing less than $200 in total damages are a class C misdemeanor.

Murder charge filed in hit and run that killed child

Posted by: John Shryock

CONECUH CO., AL (WSFA) - A murder charge has been filed against a man whom authorities say slammed a truck into the back of a car carrying children. The man then stole another truck before fleeing the scene.

Authorities arrested Calvin Fluker, Jr., 61, whom they say crashed his pickup truck into the back of the 2007 Pontiac Grand Prix that was carrying mother Kim Kirksey, 32, and her children Kortlann, 7, and Dawson, 10 as they traveled to Sparta Academy.

Dawson Kirksey, who was sitting in the backseat of the car, was fatally injured in the crash. His mom and sister were transported with unknown injuries to a hospital in Pensacola, Florida.

Kirkland's Pontiac was stopped in the roadway on Brooklyn Road (Conecuh County Road 42) at the direction of a paving crew flagman. It was at that point that Fluker's Dodge Ram slammed into the rear of her car.

A flagman said immediately after the crash that Fluker physically assaulted him and stole his work truck. The suspect then fled the scene.

The Evergreen Police Department caught Fluker about a mile and a half from the scene on County Road 42. He was taken to Evergreen Medical Center to be checked out after he crashed the second vehicle.

At just before 4:00pm Alabama State Troopers served Fluker with a warrant charging him with murder. The suspect is being held at the Conecuh County Jail on a $500,000 bond. Officers said other charges may be filed pending further investigation.

Wayne Hammonds, Headmaster at Sparta Academy, confirmed Dawson Kirksey was in the 5th grade, while Kortlann is in the 1st grade. Sparta Academy brought in councilors and ministers Monday to assist in the process of grief counseling.

Hammonds said memorial services were not immediately known.

Hit and Run Laws in Washinton

RCW 46.52.020

Duty in case of personal injury or death or damage to attended vehicle or other property -- Penalties.

(1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.

(2)(a) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property must move the vehicle as soon as possible off the roadway or freeway main lanes, shoulders, medians, and adjacent areas to a location on an exit ramp shoulder, the frontage road, the nearest suitable cross street, or other suitable location. The driver shall remain at the suitable location until he or she has fulfilled the requirements of subsection (3) of this section. Moving the vehicle in no way affects fault for an accident.

(b) A law enforcement officer or representative of the department of transportation may cause a motor vehicle, cargo, or debris to be moved from the roadway; and neither the department of transportation representative, nor anyone acting under the direction of the officer or the department of transportation representative is liable for damage to the motor vehicle, cargo, or debris caused by reasonable efforts of removal.

(3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person, or involving striking the body of a deceased person, or resulting in damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.

(4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in death is guilty of a class B felony and, upon conviction, is punishable according to chapter 9A.20 RCW.

(b) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in injury is guilty of a class C felony and, upon conviction, is punishable according to chapter 9A.20 RCW.

(c) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident involving striking the body of a deceased person is guilty of a gross misdemeanor.

(d) This subsection shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying with this section.

(5) Any driver covered by the provisions of subsection (2) of this section failing to stop or to comply with any of the requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith.

(6) The license or permit to drive or any nonresident privilege to drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of failure to stop and give information or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department.

(7) If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.

[2002 c 194 § 1; 2001 c 145 § 1; 2000 c 66 § 1; 1990 c 210 § 2; 1980 c 97 § 1; 1979 ex.s. c 136 § 80; 1975-'76 2nd ex.s. c 18 § 1. Prior: 1975 1st ex.s. c 210 § 1; 1975 c 62 § 14; 1967 c 32 § 53; 1961 c 12 § 46.52.020; prior: 1937 c 189 § 134; RRS § 6360-134; 1927 c 309 § 50, part; RRS § 6362-50, part.]

RCW 9A.20.020

Authorized sentences for crimes committed before July 1, 1984.

(1) Felony. Every person convicted of a classified felony shall be punished as follows:

(a) For a class A felony, by imprisonment in a state correctional institution for a maximum term fixed by the court of not less than twenty years, or by a fine in an amount fixed by the court of not more than fifty thousand dollars, or by both such imprisonment and fine;

(b) For a class B felony, by imprisonment in a state correctional institution for a maximum term of not more than ten years, or by a fine in an amount fixed by the court of not more than twenty thousand dollars, or by both such imprisonment and fine;

(c) For a class C felony, by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than ten thousand dollars, or by both such imprisonment and fine.

(2) Gross Misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.

(4) This section applies to only those crimes committed prior to July 1, 1984.

[1982 c 192 § 9; 1981 c 137 § 37; 1975-'76 2nd ex.s. c 38 § 2; 1975 1st ex.s. c 260 § 9A.20.020.]

RCW 9A.04.080
Limitation of actions.

(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

(a) The following offenses may be prosecuted at any time after their commission:

(i) Murder;

(ii) Homicide by abuse;

(iii) Arson if a death results;

(iv) Vehicular homicide;

(v) Vehicular assault if a death results;

(vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).

General Info About (WSP)

The Washington State Penitentiary (WSP) is a 2,000 bed facility located north west of downtown Walla Walla. The facility is divided into four seperate units, each of which houses a different custody level of offender. Currently, construction is underway at the pen: a new, stand along health care building is constructed, and several older facilities are being replaced.

WSP employs approximately 906 people, including 506 uniformed employees. In total, there are 96 different staff job classifications.

Religious services are provided by two full-time ordained clergy, and there are over 400 volunteers.

The WSP uses a television station, KWSP, as a communication link between inmates and administrators.

Correctional Officer Position

The following is directly from the Washington State's Department of Corrections and is currently an open position at the pen. I posted the whole thing for those who are interested, but bolded what I found most interesting.


Corrections and Custody officer 1 (CO1) On-Call

Washington State Penitentiary (WSP)


The Washington State Department of Corrections is seeking highly motivated and talented individuals for the positions of on-call Correctional Officer 1 at the Washington State Penitentiary (WSP) in Walla Walla, WA. The Washington State Penitentiary is staffed 24 hours a day, 7 days a week. These are on-call/intermittent positions with no minimum hour guarantee.


Whether the work is inside a prison, in community corrections, or in an administrative office, the Washington State Department of Corrections professional staff experience a high degree of personal satisfaction knowing they are creating environments in which all offenders can learn to make choices that contribute to a safer society.

Duties:
This job class is designated as in-training. The Employee will advance to CO2 after satisfactory completion of the CO1 training requirements.

In an adult correctional facility, Correctional Officers provide safety and security, and assist in controlling, directing, and monitoring the activities and movement of adult offenders. This includes maintaining security of the institution and controlling movement into, out of and within the institution in accordance with established department methods and procedures.

Correctional Officers are expected to be a positive role model for offenders and work to help them become productive members of society from the day they arrive under supervision. Correctional Officers use psychology and good communication skills to correct and counteract criminal thinking of offenders while maintaining safe confinement environments for offenders to pursue a successful re-entry into communities. The successful candidates for Correctional Officer 1 will posses creative thinking, self-confidence, strong role-modeling and good conditioning.

Correctional Officers must successfully complete Correctional Worker Core (CWC), a six-week academy for all correctional workers employed in DOC prison facilities. We know that managing difficult people takes more than force. It takes observation, knowledge, skills and continual practice. Every DOC employee is provided with initial training designed to help assure safe working conditions. In addition, officers participate in the Correctional Officer Achievement Program (COACH), a unique in the nation, comprehensive, year-long, structured on-the-job training program for new correctional officers. In COACH, new officers continue to build on the skills and knowledge they learned in the CWC. With the supervision and coaching of Correctional Sergeants and Job Coaches, new officers gain competency and fluency in the core skills needed to perform duties of a correctional officer. 46 college credits are earned during CWC and COACH.

For more information on CWC visit http://www.doc.wa.gov/jobs/cwc.html

For more information on COACH visit http://www.doc.wa.gov/jobs/coach.html

Qualifications:
Graduation from high school or GED AND a valid driver's license.


Note: The ability to carry a firearm is required; pre-employment process includes drug testing and psychological evaluation.


Supplemental Information:
'The mission of DOC is to improve public safety.'



For additional information about the Department of Corrections, please visit www.doc.wa.gov.

Due to the economic downturn and subsequent state budget short-fall, the Governor has ordered mandatory unpaid temporary layoffs for employees. This position may be required to take temporary layoffs on up to ten scheduled work days during the fiscal year July 2010 – June 2011.

IMPORTANT NOTES:

· Please include a minimum of three professional references with your application. The Department of Corrections defines a professional reference as an individual who has been paid to supervise your work and can attest to your work performance, technical skills, and job competencies. If you do not have any or sufficient professional references, please include non-related professionals, such as educators or other professional associates.

· All Department of Corrections employees are fingerprinted for a criminal history background check.

· Employees work with offenders in a potentially hazardous setting. Please consider this when deciding whether to apply.

· Tuberculosis is a priority health issue for Department of Corrections' employees. A baseline TB skin test is required prior to employment for all health care providers and those staff who supervise offenders. Testing is voluntary for all other employees. When positive tests result, further information, testing and treatment may also be required. Employment is not contingent upon test results.

· If this position is included in a Union Shop, employees will be required to become members within thirty (30) days of employment.

The Department of Corrections is committed to hiring individuals who possess core diversity competencies. DOC is an equal opportunity employer and does not discriminate on the basis of race, creed, color, national origin, sex, marital status, sexual orientation, gender identity diversity, age, honorably discharged veteran, veteran status, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability. Persons requiring reasonable accommodation in the application process or requiring any information in an alternative format may contact 888-727-9925 or TTY format at 360-664-6211.

For questions about this recruitment, please email aaponti@DOC1.WA.GOV or call us at (509)524-7643.