Mosher court date

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yiddle on da fiddle
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Re: Mosher court date

Post by yiddle on da fiddle »

SnoBrdr wrote:Letter to the editor of the Rutland Herald

Crash produced many tragedies
Rutland Herald | July 05, 2017
This case involves many tragedies.

The first tragedy in this whole case was the death of Jon Bellis. We are all extremely sorry for this loss. This was a terrible accident, and one that had already been adjudicated in civil court. That is where this case should have ended. Rose Kennedy should never have brought this case to the criminal court system. The circumstances in this case do not warrant a first-time precedent in our nation to be charged in a criminal court, as there was no malicious intent.

The second tragedy in this case is the destruction of Mr. Mosher’s life. He is well- known and well- respected in his community. Since the date of this accident, he has been haunted by the deaths of both Mr. Bellis and his pet bull. The accident caused him and his family great devastation and turmoil. He was forced to spend two years fighting a criminal charge when he had no malicious intent.

If the Rutland County legal system thought that the results of this case could create publicity to educate the public and prevent another accident, this is another tragedy.

We are so concerned about the far-reaching implications of holding owners criminally liable for farm animals who have gotten loose on public roads. The implications in this case are that the fences weren’t adequate. I inspected the fence after the accident with Robert Barnes of Straight Line Fence in Orwell. We both agreed that Craig Mosher’s fences were more than adequate.

We need everyone to drive more carefully and slowly in Vermont, acknowledging the rural and agricultural working landscape of this state which we all love. Although the facts that the car accelerating and traveling 64 miles per hour, in a 50 mph zone, and no brakes were applied, was deemed irrelevant by the judge, they may have been causative factors. That’s awfully fast for that road and those conditions. As we understand it, the bull was under streetlights and not moving.

We need everyone who drives in Vermont to understand that livestock and wild animals can be on a road at any time.

RAY DUQUETTE Sr.

(President, Rutland

County

Farm Bureau)

West Pawlet
Thought this man stated...with little embellishment...exactly what really went down. Salient facts...and no drama or finger pointing. It was most gentlemanly that he took the high road....in not pointing out what an opportunistic , limelight-seeking douche Rose Kennedy really is.
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Mister Moose
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Re: Mosher court date

Post by Mister Moose »

Excellent letter by Mr. DuQuette. He notes: "I inspected the fence after the accident with Robert Barnes of Straight Line Fence in Orwell. We both agreed that Craig Mosher’s fences were more than adequate". And " the facts that the car accelerating and traveling 64 miles per hour, in a 50 mph zone, and no brakes were applied" In addition testimony was made that an apple tree deflected the fence, most likely causing the escape.

So the adequate fence argument is out.
The Gentleman Farmer argument seeks to penalize hobby owners over professional farmers. How many of us are gentlemen skiers vs professional? Do you want less rights in an accident because you aren't a professional? This argument has no merit and seeks to create 2 classes of citizens in law.
The fact that no brakes were applied is disturbing with respect to the drivers responsibility to mitigate all unexpected hazards.

The one place I agree with Rogman and others where there was possibly any contributory liability is that Mosher was warned by the truck driver and according to some accounts went back to bed. There was conflicting statements on this. Mosher said he went out to look and didn't find the bull, then went back to bed. So at what point does a reasonable person give up in the dark and go back to bed? Perhaps this is the question Mosher didn't want to litigate.

The tragedy of losing Ms Bellis's husband shouldn't be compounded by the expense of a criminal trial and the conviction on Mosher's record. This is a blow to farmers in VT as many have stated. As Rose Kennedy herself stated so eloquently:

"We need to do a better job on giving guidance on when to pursue charges."
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Mister Moose
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Re: Mosher court date

Post by Mister Moose »

Man Struck and Killed While Leading Ox Between Fields

A 55-year-old Granby man is dead after he was struck by a car while leading an ox between fields on Tuesday night, according to police.
Matthew Smith was hit by a 2006 Volkswagen on East Street around 7:30 p.m. The ox he was leading was also hit, but was not seriously injured, according to police.
The driver, a 17-year-old Granby teen, remained at the scene and was not hurt, police said.
Police are investigating and said no charges have been filed.

http://www.nbcconnecticut.com/news/loca ... z4meJG17Dx" onclick="window.open(this.href);return false;

Apparently even when the bull or ox is being led, you can still get hit by an unobservant driver. Another terrible tragedy, but this time the farmer died and isn't going to be found at fault. Yet the cow (ox) was still in the road. Does this case highlight the problem with Rutland's misguided cowsecution? If Craig Mosher was leading the bull across the road that night, and the bull was struck with the same results, would he be found any less guilty than he is now?

Doesn't the responsibility lie with the driver?
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hillbangin
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Re: Mosher court date

Post by hillbangin »

Mister Moose wrote:Man Struck and Killed While Leading Ox Between Fields

A 55-year-old Granby man is dead after he was struck by a car while leading an ox between fields on Tuesday night, according to police.
Matthew Smith was hit by a 2006 Volkswagen on East Street around 7:30 p.m. The ox he was leading was also hit, but was not seriously injured, according to police.
The driver, a 17-year-old Granby teen, remained at the scene and was not hurt, police said.
Police are investigating and said no charges have been filed.

http://www.nbcconnecticut.com/news/loca ... z4meJG17Dx" onclick="window.open(this.href);return false;

Apparently even when the bull or ox is being led, you can still get hit by an unobservant driver. Another terrible tragedy, but this time the farmer died and isn't going to be found at fault. Yet the cow (ox) was still in the road. Does this case highlight the problem with Rutland's misguided cowsecution? If Craig Mosher was leading the bull across the road that night, and the bull was struck with the same results, would he be found any less guilty than he is now?

Doesn't the responsibility lie with the driver?
Had a good argument about this the other night - if your dog gets out on a state road and causes an accident - who's at fault.........depends on the local leash law.

Never mind leading an Ox across a public road in the pitch dark - or letting your 2000 bull run around Rt 4.

All of this has made me slow down quite a bit on these roads - never mind the wild moose, deer, and bear that are around.
SnoBrdr
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Re: Mosher court date

Post by SnoBrdr »

hillbangin wrote:
Mister Moose wrote:Man Struck and Killed While Leading Ox Between Fields

A 55-year-old Granby man is dead after he was struck by a car while leading an ox between fields on Tuesday night, according to police.
Matthew Smith was hit by a 2006 Volkswagen on East Street around 7:30 p.m. The ox he was leading was also hit, but was not seriously injured, according to police.
The driver, a 17-year-old Granby teen, remained at the scene and was not hurt, police said.
Police are investigating and said no charges have been filed.

http://www.nbcconnecticut.com/news/loca ... z4meJG17Dx" onclick="window.open(this.href);return false;

Apparently even when the bull or ox is being led, you can still get hit by an unobservant driver. Another terrible tragedy, but this time the farmer died and isn't going to be found at fault. Yet the cow (ox) was still in the road. Does this case highlight the problem with Rutland's misguided cowsecution? If Craig Mosher was leading the bull across the road that night, and the bull was struck with the same results, would he be found any less guilty than he is now?

Doesn't the responsibility lie with the driver?
Had a good argument about this the other night - if your dog gets out on a state road and causes an accident - who's at fault.........depends on the local leash law.

Never mind leading an Ox across a public road in the pitch dark - or letting your 2000 bull run around Rt 4.

All of this has made me slow down quite a bit on these roads - never mind the wild moose, deer, and bear that are around.
Is 7:30 pitch dark this time of year?

Don't think so.
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