GUILTY UT - Franchesca Montes, 22 mos, killed by 14yo driver, Roosevelt, 15 May 2008

14-Year-Old Girl Strikes, Kills Toddler With SUV, Mother Charged With Manslaughter

ROOSEVELT, Utah — A woman is charged with manslaughter after her 14-year-old daughter struck and killed a toddler while driving a sport utility vehicle in Roosevelt.

The teen was too young to drive.

Police say the girl was backing up when the SUV hit 22-month-old Franchesca Montes on May 15. The teen's mother, Nicole Rodrigues, 34, was in the passenger seat.


http://www.foxnews.com/story/0,2933,363437,00.html

This is very sad, but I am confused at the charges. There is just not enough information in the article.

As she should be...

You have to know where your small child is every second.

southcitymom said:

This is very sad, but I am confused at the charges. There is just not enough information in the article.

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Here's a bit more info: http://www.sltrib.com/News/ci_9485593

http://deseretnews.com/article/1,5143,700232041,00.html

Police have said their investigation into Montes' death was initially hampered by inconsistent statements from the families of the victim and the 14-year-old driver.

golfmom said:

Here's a bit more info: http://www.sltrib.com/News/ci_9485593

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Thanks, golfmom. In cases like this, I have rarely seen charges. Many times I read that the driver was on private property so whether or not they had license doesn't matter.

When I was 14, my parents let me practice driving the car in anticipation of getting my license at 15. Don't lots of parents? is that really againt the law - or only against the law if someone gets hurt?

I think it is a terrible tragedy, but I'm still confused as to why charges were filed in this case and they seem not to be filed in most cases like this.

southcitymom said:

When I was 14, my parents let me practice driving the car in anticipation of getting my license at 15. Don't lots of parents? is that really againt the law - or only against the law if someone gets hurt?

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Don't know about Georgia. In California, you need to be 151/2 and have a learner's permit to "practice" driving. You have to be at least 16 to get your license.

southcitymom said:

Thanks, golfmom. In cases like this, I have rarely seen charges. Many times I read that the driver was on private property so whether or not they had license doesn't matter.

When I was 14, my parents let me practice driving the car in anticipation of getting my license at 15. Don't lots of parents? is that really againt the law - or only against the law if someone gets hurt?

I think it is a terrible tragedy, but I'm still confused as to why charges were filed in this case and they seem not to be filed in most cases like this.

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To me, it probably stems from the fact that the mother of the 14-year old fled from the scene and then both families were reluctant to tell the truth about what happened.

This case seems like an unfortunate accident. I don't see why the teen would be charged. If they were friends with the family of the toddler and had been visiting them.. It sounds like the mother got scared took off, then maybe the daughter gave inconsistant statements due to her mother's behavior. Yet the daughter stayed at the scene to try and get help. Where was the family of the toddler and why weren't they watching her? It's common for families to let their children practice driving. I would let my nephew at age 12, 13 he could drive good (we were living in the sticks out in SC) so no major roads; and as long as a family member with a license was with him.
It sounds like a senseless tragedy, someone should have been watching the baby.
I don't see manslaughter charges necessary. I can understand charging the mother with leaving the scene of the crime and false statements.
My prayers for all involved in that.

In 2005 we had a case almost exactly like this only the parent and daughter did not flee the scene.

Rich Miller was giving his daughter, Meghan driving lessons at the age of 15 in a parking lot. The young girl wasn't familiar with differentiating between the gas and brake and she killed Sarah McGinley who was an 18 year old mother of a one year old baby. Sarah heroically tossed her baby daughter from the line of the car into bushes. Sarah died on the scene.

Yes, it's illegal. This car went through a gate and across a busy street and up onto a lawn where Sarah's baby was in a little swing set. Meghan Miller was given 200 hours of community service. Mr. Miller was charged with involuntary manslaughter. Subsequently he was cleared.

Ms. MCGinley's death put alot of people at odds. Both families were awesome people by all accounts. The Miller family indeed suffered. Some people were incensed that Meghan only got community service and there on in could go to her Proms, sporting events, perhaps marry and have a family. Sarah McGinley's child was left motherless for life. Others thought the weight of having Sarah's death on the shoulders of the Miller's was punishment enough.

Yes, sort of a right of passage and one that many people do, however unfortunately this resulted in the death of a toddler and the case in Philadelphia took a mother from her child.


http://www.4029tv.com/news/4839306/detail.html

MeoW333 said:

This case seems like an unfortunate accident. I don't see why the teen would be charged. If they were friends with the family of the toddler and had been visiting them.. It sounds like the mother got scared took off, then maybe the daughter gave inconsistant statements due to her mother's behavior. Yet the daughter stayed at the scene to try and get help. Where was the family of the toddler and why weren't they watching her? It's common for families to let their children practice driving. I would let my nephew at age 12, 13 he could drive good (we were living in the sticks out in SC) so no major roads; and as long as a family member with a license was with him.
It sounds like a senseless tragedy, someone should have been watching the baby.
I don't see manslaughter charges necessary. I can understand charging the mother with leaving the scene of the crime and false statements.
My prayers for all involved in that.

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I agree with your completely MeoW.

From July 2008:

http://www.deseretnews.com/article/700241841/Girl-convicted-in-toddlers-driveway-death.html?pg=all

A 14-year-old girl charged in the death of a toddler who was run over in the driveway of a Roosevelt home has been convicted and sent to a youth facility in Iowa for 30 days.

Court records from the girl's hearing in Duchesne's 8th District Court revealed the judge ordered the girl removed from her home because it "was in the best interest of the minor"...

"(The girl) has had 10 delinquent offenses which were included in 10 episodes referred to the Juvenile Court," the court records said. "These offenses included 1 felonies (sic) and 9 misdemeanors or infractions."

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From August 2008:

http://www.ksl.com/?nid=148&sid=4074320

A mother was ordered to spend a year in prison after her 14-year-old daughter struck and killed a toddler while driving a sport utility vehicle in Roosevelt.

Nicole Rodrigues was convicted of misdemeanor negligent homicide.

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OkieGranny said:

From July 2008:

http://www.deseretnews.com/article/700241841/Girl-convicted-in-toddlers-driveway-death.html?pg=all



From August 2008:

http://www.ksl.com/?nid=148&sid=4074320

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These sentences are a slap on the wrist! Where's the justice for the child who was killed??? 12,13, 14-year olds have NO business driving. They may be physically capable, but they lack the mental maturity to handle something that can be used as a weapon. Manslaughter charges should have been brought.