Criminal Charges Possible In Water-Drinking Contest

[RamboLiberal]

http://www.radioandrecords.com/RRWebSite/#

The Sacramento sheriff's office is furthering the investigation into the death of Jennifer Strange, who died last Friday in the water-drinking contest on Entercom CHR/Top 40 KDND (107.9 The End)/Sacramento. However, Sergeant Tim Curran of the Sacramento sheriff's department tells R&R that the district attorney will make the call as to whether criminal charges will be filed, and he cautions that the D.A. won't file anything until the investigation by the sheriff's department and the coroner is concluded, which will take weeks.

"This is a death investigation. Our initial response, as with all deaths that occur in the county, is for a deputy to arrive, do a casualty report and make a decision whether or not there was any foul play involved. Our initial observations did not lead us to think there was any foul play involved," Curran tells R&R.

Initially, Sacramento Sheriff John McGinness said he didn't think a criminal case would be opened since Strange freely took part in the contest, but after reviewing an aircheck of the show in question -- during which "The Morning Rave­" were warned of and dismissed on the air the potential dangers of water intoxication -- he told the Sacramento Bee that there may be more to the situation.

"The case has always been on our radar, so as new information came to light -- specifically, the audio tapes -- it was then decided, in consultation with the local district attorney, to open this death investigation," Curran tells R&R. "Our homicide investigators will be conducting an investigation; upon completion, they will forward to the district attorney, who will then determine if criminal charges are warranted." At this point, potential charges include voluntary or involuntary manslaughter.

http://www.cnn.com/2007/US/01/17/radio.death.reut/index.html

<snip>

"We have not heard from the sheriff's department but we will of course cooperate with their investigation," said Charles Sipkins, a spokesman for Entercom/Sacramento.

In an online recording of the show, the DJs can be heard making comments joking about people dying from water intoxication, even discussing a case in Northern California two years ago in which student Matthew Carrington, 21, died after drinking too much water during a fraternity stunt.

One of the DJs even admitted they maybe should have done some research before the contest.

One female caller, who identified herself as Eva, also phoned in to warn the radio station that drinking too much water can kill.

[Horse with no Name]

1. I heard her tape today

Where she was telling the people running the contest that she felt lightheaded and sick.
At that point...they should have abandoned the contest. She dropped out very soon after that, but not because they were being responsible.
It probably would have saved her life.

[DRoseDARs]

2. Wait, so the DJs knew beforehand of water-tox deaths? Involuntary manslaughter likely charges.

Per Wikipedia:
http://en.wikipedia.org/wiki/Manslaughter

Involuntary manslaughter

Involuntary manslaughter, sometimes called criminally negligent homicide in the United States or culpable homicide in Scotland, occurs where there is no intention to kill or cause serious injury but death is due to recklessness or criminal negligence.

Criminal negligence

Negligence consists of conduct by an individual which is not reasonable -- that is, the individual did not act with the care and caution of a reasonable person in similar circumstances. This "reasonable person" is fictitious, of course, but reflects the standard of conduct which society wishes to impose. Violation of this standard may lead to civil liability for the consequences of the negligent behavior.

Negligence rises to the level of criminal negligence where the conduct reaches a higher degree of carelessness or inattention, perhaps to the point of indifference.

Recklessness

Recklessness or willful blindness is defined as a wanton disregard for the known dangers of a particular situation. An example of this would be throwing a brick off a bridge onto vehicular traffic below. There exists no intent to kill, consequently a resulting death may not be considered murder. However, the conduct is probably reckless, sometimes used interchangeably with criminally negligent, which may subject him to prosecution for involuntary manslaughter: the individual was aware of the risk of danger to others and willfuly disregarded it.

In many jurisdictions, such as in California, if the unintentional conduct amounts to such gross negligence as to amount to a willful or depraved indifference to human life, the mens rea may be considered to constitute malice. In such a case, the offense may be murder, often characterized as second degree murder.

In some jurisdictions, such as Victoria, recklessness is sufficient mens rea to justify a conviction for murder.