Pull The Other One

Attorney for teen who ran over 6 cyclists while 'rolling coal' explains why cops didn't arrest him https://t.co/gtZhCVdgv6

— Raw Story (@RawStory) October 1, 2021

"My client is a young man in high school with college aspirations. He's a very new and inexperienced driver," DeToto [the lawyer for the 16 year old] said. "This was a serious accident but did not involve any criminal intent. He immediately called 911, helped with the injured and cooperated with police. The family prays for the speedy recovery of the riders involved and we look forward to cooperating with investigators."

Also speaking to KPRC, DeToto said that the Waller police department did an investigation at the scene and "decided not to charge my client and did not even issue him a traffic ticket."

When my daughter was 16, and a "very new and inexperienced driver," she ran a red light and caused a traffic accident in which people were injured, in the other car.  She has no criminal intent, but she got a ticket because she was negligent.  The injuries were not as serious as the ones in this case, but the basic principles applied.

If I were rolling down the street, "very new and inexperienced" at driving or not,  and looked down at my radio just as little Suzy ran into the street chasing her runaway ball, I would still be guilty of negligence in the operation of my vehicle if I struck little Suzy.  I didn't intend to hit her, but I had an obligation to pay attention to what I was doing while operating my vehicle.  Instead, I was paying attention to my radio.  My negligence is not excused whether I'm an experienced driver, or not.  Negligence can still establish criminal intent.

This kid knew what he was doing, whether he'd thought through the consequences or not.  Despite what his attorney says (and there's a reason he's saying it to the press), this case isn't over yet:

"Rolling coal when a person is in the vicinity and when the individual rolling coal intentionally or knowingly causes that excess exhaust to contact that bystander is AT A MINIMUM an assault," Waller District Attorney Elton Mathis said in a statement. "They are causing their vehicle to 'spit' on a living, breathing, human being that is worthy of dignity and not having his or her person violated. That simple assault is easily elevated to a jail eligible offense if bodily injury occurs, which can be caused by entry of toxic particles into mouth, nose and eyes. Waller County law enforcement agencies all across the county are being reminded today of the availability of these and other charges which can be brought against individuals acting in such a criminal manner. The underlying investigation and gathering of evidence by Waller P.D. Is still progressing."

The "inexperienced" part was the kid not realizing the consequences of his actions until it was too late.  That he stopped and rendered aid is to his credit, but fleeing the scene of an accident is a separate crime from the accident itself.  Neither his inexperience nor his negligence excuse his actions as a matter of law. That he didn't intend to hurt anyone does not excuse him from responsibility for his actions causing injury.