Driver Convicted of Manslaughter Sues Parents of Slain Teen

Matthew Kenney  Photo: Associated Press courtesy of Joanne Kenney via GRIST
Matthew Kenney Photo: Associated Press courtesy of Joanne Kenney via GRIST

There’s callous, there’s heartless, and then there’s this.

Via former Streetsblog.net writer Sarah Goodyear, now at GRIST, comes the surreal story of a driver who was convicted of manslaughter for running down Matthew Kenney from behind.  From his jail cell, David Weaving, who has been found guilty of drunk driving four times and was traveling at 83 miles per hour in a 45 mph zone at the time, is suing the Kenney’s parents for negligence because their son was not wearing a helmet at the time of the collision.

Goodyear, quoting an article in the Sacramento Bee, reports:

Attorney Andrew Cates calls Weaving’s countersuit a part of the legal process. Cates is representing Weaving in appeals aimed at overturning his convictions — which were recently upheld by the state Appellate Court — but is not involved with the lawsuit involving the Kenneys.

“I can see their side of it. I’m a parent,” Cates said. “But I can also see the other side of it. If you’re driving down the street and your car makes contact with a pedestrian and you think it’s the pedestrian’s fault, you have to raise the issue.”

  • KateNonymous

    What kind of helmet does he think Kenney should have been wearing to help him survive being hit at that speed?

    Cates should shut up. While I think everyone is entitled to (not necessarily deserves, but is entitled to) a competent defense, there’s no excuse for that last comment.

  • Spokker

    I guess accident investigators would have to determine whether or not the kid would have survived the crash with the helmet, but at 83 MPH, I doubt it.

  • Mihai

    Wow. The fact that people (a judge!!) are supporting this repeat offender of drunk driving speaks pages about how fucked up things are in this car-centric country. Sheer brainwashing.

  • Roadblock

    guilty of driving drunk FOUR FUCKING TIMES and the man still had a drivers license??

  • Rich Wilson

    @Mihai
    Who has supported this guy? Especially which Judge? He made his own (handwritten) counter suit. A judge may very well dismiss it out of hand.

  • At the speeds he was driving not only would a helmet not have saved his life, but being in an CAR would not have either. Weather your wearing helmet on a bike or driving in a car – if you get hit at that speed then your dead.

    This guy is evil. I’m actually glad he’s doing this, it shows he has no remorse, it shows he’s expressing contempt towards his victim, both things can increase the severity of his crime and jail time.

  • 72hw

    So our tax money is keeping this guy alive by feeding him and keeping him warm? Thousands of dollars spent to process this guy, hear his ludicrous complaint about no helmet, all the while keeping him safe from other inmates who would no doubt have a field day on a child killer…. seriously?!

    I have $.35 here that will buy the shot to end this fiasco once and for all!

  • Jim Q Citizen

    The drunken pig SHOULD have been in prison for his previous malicious crimes against decent society. I take deep satisfaction in knowing that this worthless piece of dog waste will spend ETERNITY burning in the fires of hell.

    Prayers and condolences for the precious kid’s loving family and friends.

  • Mihai Peteu

    @Rich Wilson – According to CBS News, a judge waived $500-worth of fees that Weaving was required to pay to continue his lawsuit instead of ending it on the spot. Maybe it’s due process, but this better not fly for too long.

    http://www.cbsnews.com/8301-504083_162-20022802-504083.html

    Cates’ comments are also entirely off-base, there should be absolutely no blaming the victim in this case. Then again, the attorney sides with whomever is paying him.

ALSO ON STREETSBLOG

A reckless rider pleads guilty to assault with a deadly weapon. But does that say more about the city that charged him than the cyclists that ride there?

|
Yes, bike riders are subject to the same laws drivers are. Maybe Santa Monica police and prosecutors wanted to send that message loud and clear. Maybe they wanted to make an example of one reckless cyclist so other bicyclists would straighten up and ride right. But to do it, they slapped a reckless, red light […]

The Times Looks at the State of Cycling in Los Angeles

|
Image by Ken Kwok/ Los Angeles Times Over the past two days, the Times has written five articles about bicycling in Los Angeles.  Because these articles appear in L.A.’s paper of record, and this is the largest look the Times has given to cycling in Los Angeles in recent memory, Streetsblog is going to take […]