Proper charge for hit & run resulting in death?

Question

My BF was killed 12 years ago by a hit & run driver, 5 years later this driver was identified, the state's attorney refused to file charges, said the statute was up on the crime. You can kill someone with a vehicle, hide for 5 years and be off scot free? Isn't that "vehicular HOMICIDE"? Isn't there no statue on HOMICIDE? I need some help as I want to go to this state's atty.'s superior but I need to know what the proper charge for hit and run would be. Thanks for your help!

Hi,

Thanks to those of you who gave me the useful info. I appreciate it. It took place in New Haven, CT.
I like the idea of fighting to extend the statute of limitations- I have been asked to get involved in that before and I am seriously considering it.
The info. I got was that this "person" gave the State's Atty. info. he needed on another case and he was allowed to walk on my BF's death.
He was speeding at the time, never even braked when he hit him, his friends and the police chased the car but to no avail, they lost them.

Answer 1

What state are you in?

In Washington State, unfortunately...according to the House Bill Report HB-1067......vehicular homicide has the same statute of limitation as vehicular assult and injury by hit and run. The statute of limitation is only 3 years. I'm sure it is the same in your state...and most states...if not all states.

I'm sorry for your loss and I wish something could be done to change the laws.

Answer 2

Depends on the state. And the statute of limitations on a crime vary depending on the crime, again it depends on the state.

Homicide is a generic term. It defines all of the cases where a person dies.

Usually you have Muder (which is an intentional or forseeable act). Manslaughter which is usually unintentional in nature (i.e. one punch and guy dies) and criminally negligent homicides (i.e.--DUI and the like). Most states do not habe SOL for murder, but do for most other crimes.

So, you have to look at that Criminal Procedure Code.

It would be helpful if we knew the state this happened in.

Answer 3

vehicular homicide or manslaughter. I wouldn't think the statues of limitation would be up, or even have one, since it resulted in someones' death, and evidently the driver also fled the scene?
Definitely contact an attorney, something isn't right here. He was identified but do they have enough evidence to charge him? Maybe that is what is the cause?

Answer 4

I know it’s tough, follow up on it. Don’t back off. If the statutory limit is up then maybe that needs to be changed through legislation (it would not help this case but maybe it will for the next victim, which could be my family). You would be the perfect one to do that! If you feel that passionately about it get a hold of your States Representative and get the bill started. Maybe M.A.D.D. or your local police department or sheriff’s office could help?

But remember this, we will have to be accountable someday for our actions. What we do does not go unnoticed. Good luck!

Answer 5

Depends on the state. Most statutes that criminalize certain behanvior have a statute of limitations. Other than generally murder, which has no statute of limitations. Notice I said "Murder" not homicide.

If you tell me what state this happened in, I can better answer your question.

Answer 6

Not sure what state you are in, but I would start with manslaughter ( Texas ). The DA is proboly correct, all/most states have statue of limitation laws to prosecute offences. Murder would be a different story since it was intetional. It makes no since, I know. I am a police officer, it just irriates me.

Answer 7

I don't know for sure, but Manslaughter came to mind first. Unless the driver was under the influence, then it would be Murder.

Answer 8

aggravated vehicular homicide

Answer 9

it varies from state to state. So be specific or simply consult a lawyer.

Answer 10

wreckless homicide, 10-15yrs in prison