Rush Sentenced In Boat Collision!

[Boatcop]

From the OC Register
Man gets year in jail for boat deaths
The families of three O.C. victims asked the Arizona judge for a harsher sentence in the 2003 Colorado River accident.
By RACHANEE SRISAVASDI
The Orange County Register
A Maywood man was sentenced to a year in jail in an Arizona court Friday for his part in a boating accident that killed three Orange County youths and injured a fourth.
Grier Rush, 63, also was sentenced to four years probation by La Paz County Judge Michael Burke, said R. Glenn Buckelew, the prosecutor in Parker, Ariz.
The accident occurred Sept. 19, 2003, on the Parker Strip, a narrow stretch of Colorado River that serves as a border between California and Arizona.
Rush was driving a speedboat when he hit an 18-foot boat, killing Jonathan Herbert, 21, his sister Jacquel, 18, both of Laguna Hills, and Ashley Rollins, 18, of Mission Viejo. Joshua Rogers of Anaheim was seriously injured but survived.
Earlier this month, a similar boating accident claimed three lives about 50 miles north of the Parker strip. A fourth victim, Dale Baldwin, 35, of Huntington Beach, remains missing.
In the Parker accident, Rush pleaded no contest in July to three counts of negligent homicide and one count of aggravated assault.
On Friday, the parents of the Herberts, as well as the mother of Rollins, asked the judge to give Rush the maximum sentence of 10 years.
The Herberts were too distraught to comment to a reporter. Their civil attorney, Michael Sutton, said they were extremely disappointed.
"Their feeling is that ... the court system looks the other way," Sutton said. "Until there are stiff penalties and the message is really sent that we will not tolerate this type of behavior, this will happen again, again and again."
The prosecutor also wanted Rush sent to prison instead of jail.
"He was acting extremely recklessly, the fact is three people were killed,'' Buckelew said, adding a stiffer sentence would have helped "deter others from behaving in the same manner."
The judge gave several reasons for his decision, including that the act was not intentional and that Rush did not have a criminal record, Buckelew said.
Rush's attorney, Ron Cordova, called the sentence appropriate.
Rush will begin serving his jail sentence Jan. 14, in order to finish treatment for prostate cancer. The judge also ruled that Rush cannot operate a boat during his probation and must pay up to $50,000 in restitution to families of the victims.
The families all have filed civil lawsuits against Rush.
--------------------------------------------------------------------------------
CONTACT US: (714) 834-3773 or rsrisavasdi@ocregister.com

[rrrr]

Not good. The judge failed all of us.
The Herberts were too distraught to comment to a reporter. Their civil attorney, Michael Sutton, said they were extremely disappointed.
I'm so sorry, Wayne and Jana. I'll pray for you.
La Paz County Judge Michael Burke
Boatcop, please post an address for this judge if you could. I think we should all write and let him know he didn't do his job. :mad:

[Backtanner]

A year. 4 months per body. Just pathetic!!!

[Havasu_Dreamin]

Doesn't quite seem like an adequate sentence given that 3 people lost thier lives.

[CA Stu]

That does seem way too lenient.
Didn't he also leave the scene?
That alone should be worth a lot of hard time in my opinion.
CA Stu

[WUTWZAT]

rrrr
your exactly right, its not like it was an accident in the true meaning of an accident. If I remember correctly alcohol was involved and he did flee the scene. That doesn't send a very good message to the rest of us, to keep from drinking and operating a boat or that one should render aid when even near an accident on the water. Considering that you caused that accident. I feel that their is no real appropriate amount of time that can be served for the taking of a life, but an example can be made that may cause others to take notice and keep them from doing this.
Jason

[core attitude]

From Google.....
Hon. Michael Burke
Presiding Juvenile Court Judge
La Paz County Juvenile Court
1316 Kofa Avenue
Parker, Arizona 85344
Phone: (928) 669-6134
Fax: (928) 669-9770

[FRENCHIE]

thats our dam system!! :confused: :jawdrop:

[Backtanner]

From Google.....
Hon. Michael Burke
Presiding Juvenile Court Judge
La Paz County Juvenile Court
1316 Kofa Avenue
Parker, Arizona 85344
Phone: (928) 669-6134
Fax: (928) 669-9770
Juvenile Court?

[RiverToysJas]

Earlier this month, a similar boating accident claimed three lives about 50 miles north of the Parker strip. A fourth victim, Dale Baldwin, 35, of Huntington Beach, remains missing.
Similar??? The other accident they are refering to happened in darkness and involved only one boat (which hit bridge post)!!! How are they similar??? :mad:
RTJas

[core attitude]

Juvenile Court?
That's the just the info that came back from Google. It could be old but it's a start for contact info.

[HCS]

Penalties for lots of different crimes don't make much sence to me.
The only thing I can think of is that this was an accident so to say.
So the penalties aren't as stiff.

[boatnam2]

never did get to hear what caused the accident,except that he fled the scene and no one could talk about it until he was sentenced.

[HCS]

never did get to hear what caused the accident,except that he fled the scene and no one could talk about it until he was sentenced.
I was wondering the details myself. Not that it really makes any difference.
Lives were lost and that's a sad thing.

[boatnam2]

if you look at it with the loss of life it really dosent matter at all, but if what happened someone can learn from it and it saves another person from dying then it matters.

[HCS]

Very true. :coffeycup

[DryHeatOnly]

rrrr
your exactly right, its not like it was an accident in the true meaning of an accident. If I remember correctly alcohol was involved and he did flee the scene. That doesn't send a very good message to the rest of us, to keep from drinking and operating a boat or that one should render aid when even near an accident on the water. Considering that you caused that accident. I feel that their is no real appropriate amount of time that can be served for the taking of a life, but an example can be made that may cause others to take notice and keep them from doing this.
Jason
I agree that the sentence was too lenient especially since he fled the scene.
WUTWZAT...Boat operators know the message unfortunately many (not all) ignore it.

[Boatcop]

Judge Burke is the only Superior Court Judge for La Paz County. He also wears the hat of Presiding Juvenile Court Judge.
What caused the accident was excessive speed and recklessness, on the part of Rush. In our reconstruction of the collision, we traced the route of both boats using a time/distance analysis. This was backed up by the location and type of damage caused to both boats and the injuries to the persons involved.
We determined that Jonathan Herbert, heading south made a left turn from the California side of the River. The minimum amount of time from beginning the turn to the collision was around 17 seconds. This was at a 3/4 throttle turn. The maximum amount of time, as in a normal slow turn, would have taken 24 seconds from beginning to collision.
Witnesses state Jonathan's boat was nearly stopped when struck.
Rush, at the estimated speed of 60-70 MPH (Estimated by numerous witnesses, who themselves are "Hot-Boaters") would have given 4-6 seconds from them coming into view around the blind corner, to the collision site.
According to Howard Brown who built and was familiar with Rush's boat told me that top speed of that boat was 100+ MPH. I have photographs of Rush's boat, taken approx 20-30 seconds before collision, while it was 3/4 airborne.
What this means is that Jonathan Herbert began his turn with no indication of on-coming traffic, and was almost stationary when Rush came flying around the corner, as one witness put it, "on the edge of control", with only 4 seconds to react to what was in front of him.
There were no indications of alcohol involvement, except for a single empty beer can in Rush's boat. Whether he was impaired at the time is anyone's guess, since he fled the scene. According to his son-in-law's testimony at the sentencing hearing, he left, "to consult an attorney". Only Rush and the person(s) who secreted him out of Red Rock, and back to California that evening know if, and to what extent, he was intoxicated.
Rush was almost home by the time we located Jonathan's body in the River.
Rush made no statement, no apology, showed no remorse, or admitted any responsibilty when he was sentenced, following his "No Contest" plea in July. His attorney even hinted during his speech, that maybe Jonathan was at fault.
I couldn't sleep last night, having Wayne and Jenna, the Rollins' and the Rogers' on my mind, and what they had to endure yesterday. I'm frustrated at the system, and confused, wondering what was in the minds of the prosecutor, for accepting the "gimmie" plea bargain, and in the Judge for handing out such leniency after the loss of 3 promising young lives, and turning the life of another upside down.
People wonder why I do what I do. Why I impress safety on the water, stress alcohol abstinence while driving, and situational awareness at all times. Why I've pretty much dedicated my life for over 25 years to keeping all you goofballs alive out here. This case is why. To try and prevent others not to have to go through what dossanger and his family and the others have gone through.
There will be more collisions and I'll have to go and figure out what happened. That's what I do, and I'm damn good at it. But I'd much rather stop the carnage before it happens. If for no other reason, than to prevent me from having to watch broken and hurt families endure what they had to endure yesterday.

[AzDon]

A year later, we finally get "official" info about this accident....Thank you Boatcop!
As for the appropriateness of the sentence, I don't believe that any sentence or even execution, is able to replace three young lives or completely satisfy their survivors.

[Rexone]

Again my heart goes out to the families and the guy who survived this horrible ordeal.
Our justice system is seriously broken IMO giving preference to many that don't deserve it, many times based on money for high powered legal defense vs not (perhaps not in this case) and judges ruling too leiniant in some cases and too harsh in others for the crimes committed. I'd imagine there are many lesser offences that would require way more prison time than this case which took 3 lives. The message I get from this is that this case was no more serious than what Martha Stewart did. Which is totally bogus and an insult to all involved.
If it was an unavoidable accident that is one thing. If it was a matter of operating negligence as boatcop's analysis suggests that is another thing. Running a boat at those speeds through traffic and around blind turns in a non race environment where you know other boats are or might be present at the river is just negligent. No other word for it.

[HCS]

Salute to you Boatcop. (Alan)
Speechless................................... :frown:

[boatnam2]

thanks boatcop for the info.i know i did a little research just for the hell of it the following weekend at the time of the crash. heading down river on the cali side i could not see the sandbar or any boats for that matter due to the placement of the sun on the horizon from just above sundance.not that it matters but we watched the boats most of the day that thursday day before the accident and missboatnam even asked me why are all the boats going so fast around that corner well not really around the corner (they would go straight but still crossing the corner onto the caliside of the river at hig rates of speed watched boat after boat do it) and that someone is going to get hurt.i remember telling her its thursday and the river is empty so hopefully nothing will happen.it reminded me of going to a drag strip but having guys drive across the track not knowing that there was guys running down the track at high speeds.

[FMluvswater]

That's awful. :( To the parents of the children who were killed I'm so sorry for all you've been through. Please know that you are in the thoughts and prayers of so many who care - myself included.
~FM

[Rexone]

Between prostate cancer and the civil lawsuits, Mr. Rush will lose everything.... isn't that enough?
Well considering this....
What this means is that Jonathan Herbert began his turn with no indication of on-coming traffic, and was almost stationary when Rush came flying around the corner, as one witness put it, "on the edge of control", with only 4 seconds to react to what was in front of him.
Whether he was impaired at the time is anyone's guess, since he fled the scene.
Rush was almost home by the time we located Jonathan's body in the River.
Rush made no statement, no apology, showed no remorse, or admitted any responsibilty when he was sentenced, following his "No Contest" plea in July. His attorney even hinted during his speech, that maybe Jonathan was at fault.
I dunno Don, maybe I'm missing something... :confused:

[schiada96]

bad deal I have a few close friends that were there.

[core attitude]

Between prostate cancer and the civil lawsuits, Mr. Rush will lose everything.... isn't that enough?NO! Give me a firkin break..................how the hell does this even compare to the havoc that was caused by the lack of concern shown before and lack of compassion shown after this incident. His medical problems and financial status have no relevance in this what so ever.
I am so tired of seen posts where people justify the lack of responsibility shown by others. What ever happened to being responsible for ones actions? He killed 3 people,and injured a 4th, intentional or not, but then made a conscious decision to flee the scene. Done deal as far as I’m concerned, that makes him a scumbag in my eyes.
Have we become such a complacent society that now life has such little value? I call bullshit! As a member of society you must be held accountable for your actions, and in a case like this where the court system then fails those affected well......I’m embarrassed.
Maybe if personal responsibility was at the forefront of more peoples minds we wouldn’t have so many incidents like this in the first place.

[Kindsvater Flat]

All I can say is I feel for Wayne and Jana. I met them back in april for the first time and they are great people....good friends to have.
Alan you did a good job in re-creating the accident and did your job to the fullest to fulfill all the facts needed to convict this person of wrong doing. To bad the judge did not see it the same. 1st conviction or not what happened was wrong. I wonder if the tables were turned that the judge would be so lieniant with the young driver?

[AzDon]

I've read and re-read Boatcop's explanation and I have more questions than answers:
1)Mr. Rush was traveling with the river up the east side and Jon Herbert made a sweeping turn and was headed across the river, correct?
2) If yes, John Herbert approached from Rush's left and was struck on the right side of his boat, correct?
3) If yes, was the scenario that Jon was cutting across, saw that he couldn't complete a u-turn without a collision and stepped off the throttle losing his steering while still traveling cross-river? If yes, was Rush as far right as he could go and his only choice was left to try to go behind Jon? Could it be that Rush mistakenly believed that he could gas-it and slip by?
The way you described it, Jon had Rush on his right and Rush had Jon on his left indicating Rush had the right-of-way. Also aren't boats traveling cross river (east-west) required to yeild to faster north-south traffic? Perhaps Rush could have just stopped, but otherwise I don't see by your explanation how the actual accident was Rush's fault (?) Enlighten me Boatcop!

[*BN*]

AZDON,
Regardless of all scenarios YOU can come up with, RUSH left the scene.
I'm thinking in an accident there would be no reason to leave.
Jury vote 12-0 thus the reason for no contest plea.
BTW: Leave to consult an attorney 250+ mile away, AZDON think about it dude. This is the 21st century the telephone is pretty dependable.

[*BN*]

BTW: Leave to consult an attorney 250+ mile away, AZDON think about it dude. This is the 21st century the telephone is pretty dependable.

[BlewByYou]

No one comes out of these situations a winner. BlewByYou. :notam:

[78Eliminator]

I am just thinking about Wayne and his family today and hope they are doing ok. If you are reading this Wayne, if you need anything, let me know.
Justin

[Boatcop]

You're talking to the expert!
RULE 2
Responsibility
(a) Nothing in these Rules shall exonerate any vessel, or the
owner, master, or crew thereof, from the consequences of any
neglect to comply with these Rules or of the neglect of any precaution
which may be required by the ordinary practice of seamen, or by
the special circumstances of the case.
(b) In construing and complying with these Rules due regard shall
be had to all dangers of navigation and collision and to any special
circumstances, including the limitations of the vessels involved,
which may make a departure from these Rules necessary to avoid
immediate danger.
and
RULE 5
Look-out
Every vessel shall at all times maintain a proper look-out by sight
and hearing as well as by all available means appropriate in the prevailing
circumstances and conditions so as to make a full appraisal of
the situation and of the risk of collision.
and
RULE 6
Safe Speed
Every vessel shall at all times proceed at a safe speed so that she
can take proper and effective action to avoid collision and be stopped
within a distance appropriate to the prevailing circumstances and
conditions.
In determining a safe speed the following factors shall be among
those taken into account:
(a) By all vessels:
(i) the state of visibility;
(ii) the traffic density including concentration of fishing vessels
or any other vessels;
(iii) the maneuverability of the vessel with special reference
to stopping distance and turning ability in the prevailing conditions;
(iv) at night, the presence of background light such as from
shore lights or from back scatter of her own lights;
(v) the state of wind, sea, and current, and the proximity of
navigational hazards;
(vi) the draft in relation to the available depth of water.
Considering the time relative to Jonathan Herbert's turn and Rush's rounding the blind corner, Jonathan was well committed before Rush even came into view, and by most accounts was nearly stopped in the water.
And since semantics are coming into play, the initial contact was at a 114 degree angle from the starboard bow of Herbert's boat, placing Rush just outside the "danger zone" and making this an overtaking situation, rather than a crossing one.
ARS 5-354.B
The area from a point directly ahead to one hundred twelve and one-half degrees of the compass to the starboard side of the watercraft shall be designated the danger zone. Operators of the watercraft shall yield the right-of-way to any other watercraft occupying or entering into this danger zone which may result in collision.
However anyone wants to look at this, there is just one fault in this collision: The speed of Rush's boat, rounding a blind bend in the River, with no regard to who or what may be on the other side.
All other things being equal, if Rush had been operating his boat at a reasonable speed, using due caution in that particular circumstance, the collision never would have happened.
End of story!

[78Eliminator]

As for the appropriateness of the sentence, I don't believe that any sentence or even execution, is able to replace three young lives or completely satisfy their survivors. Between prostate cancer and the civil lawsuits, Mr. Rush will lose everything.... isn't that enough?
If you walked up to Wayne and his wife, do you think you could look them in the eyes and say that?

[vdrivenman]

AZ-DON you reap what you sew !
ur day is coming !!!

[Kilrtoy]

From his perspective life sucks for the next year,
From the rest of the universe, THAT IS BULLSHIT, EVEN 10 IS TOO LITTLE FOR WHAT HE DID

[AzDon]

I don't drive into close proximity of anybody at any kind of speed because of the uncertainty of what they might do. That is why I really prefer lake to river.....By the time anyone can get even close to my comfort zone, I am completely stopped.......
I asked the questions because I've wanted to know for a year exactly what basis, other than hit-and-run, Rush was being prosecuted because every version I heard had JH at fault for the accident itself. All fatal accidents are tragic and leave grieving family members behind. Sure I feel heartbroken for Wayne and Jana!... I have a sixteen year old son and twenty-one year old daughter and I'd be devastated to lose either one, both I'm not sure I could handle! If they were killed in an accident where the other driver was totally at fault, I'd want every dime he posessed and I'd want him executed! If fault was with one of my kids, I'd want to show him compassion and help ease his survivor's guilt, even as I was grieving!
Boatcop-
I asked the questions because I genuinely wanted to know if I misunderstand the laws on the water. I now have a clear picture of how you asessed fault on Rush and have no reason to want to argue on his behalf. If he charged into something at "too fast for conditions" speed, then hang him!

[Kilrtoy]

I'd want to show him compassion and help ease his survivor's guilt, even as I was grieving!
WOW, even after he left your kids for dead,
YOU ARE AN ANGEL

[schiada96]

I don't drive into close proximity of anybody at any kind of speed because of the uncertainty of what they might do. That is why I really prefer lake to river.....By the time anyone can get even close to my comfort zone, I am completely stopped.......
I asked the questions because I've wanted to know for a year exactly what basis, other than hit-and-run, Rush was being prosecuted because every version I heard had JH at fault for the accident itself. All fatal accidents are tragic and leave grieving family members behind. Sure I feel heartbroken for Wayne and Jana!... I have a sixteen year old son and twenty-one year old daughter and I'd be devastated to lose either one, both I'm not sure I could handle! If they were killed in an accident where the other driver was totally at fault, I'd want every dime he posessed and I'd want him executed! If fault was with one of my kids, I'd want to show him compassion and help ease his survivor's guilt, even as I was grieving!
You know I have never agreed with you on any of your posts. But I have two very close friends that were there.

[superdave013]

one year and 50K hu? Damn, I bet that fine is way less then the cost of a new Rush GN boat. sad sad
Sorry to hear this was the outcome.

[Seadog]

Unfortunately, people like that can never show remorse. Their world revolves around their wants and others exist only to help them. I would suspect that Rush is a sociopath and nothing anyone could do to him would make him show genuine grief. As for the judge, it would not surprise me, that he was 'brooklyned' since I have a very low opinion of members of the bar (of gold).
While I know the temptation is to rip him financially, I doubt if thre will be any money left by the time his lawyer gets through with finding ways to hide his assets. It would only add to their fustration and prolong the suffering, but they have to figure what their needs are.

[Debbolas]

Kinda off topic, but people are given 15 years to life for murder and serving maybe 7-8 years.
It sucks,so we as a society need to do something about it. Write and tell your elected officials how you feel about people killing other people and the sentence you feel they should serve.
Bitching on the internet won't get anything done...........write letters/e-mail and actually DO something about this.......
Debbolas<----------thinks people that kill other people should serve very long sentences, or perhaps die in jail

[DansBlown73Nordic]

It sure seams like he got off easy. One year for three lives is UNREAL!!!!!! Not that fifty years would be enough.
To just leave a accident scene of any kind is BULL SHIT!!!!!! To leave a scene with the seriousness of this accident just shows what a ASSHOLE this guy really is.
To me this is the hardest part to understand. He wanted to talk to a lawyer. This guy didn't own a cell phone? :idea:
Three lives lost and lives are changed forever.....This guy gets one year in jail.. :confused:

[ColeTR1]

However anyone wants to look at this, there is just one fault in this collision: The speed of Rush's boat, rounding a blind bend in the River, with no regard to who or what may be on the other side.
All other things being equal, if Rush had been operating his boat at a reasonable speed, using due caution in that particular circumstance, the collision never would have happened.
End of story!
As someone who saw all the horror of that Friday night, and the sadness of the days after. My heart goes out to all the victims families. One year in jail what a F???ing joke. I took some of the pictures of rush twenty seconds before the crash. And I will tell you all that 100 mph after the sun has gone down going in to a blind corners beyond reckless. Anyone with as much boating experience, as Rush should have known better. I was at the crash site less then ten minutes after it happen and saw three kids die. There is just no excuse in the world to leave the seen of a crash like that if you where involved in it. Rush has absolutely no morals for leaving that horrific seen! I will also tell all of you that I have close friends that had drinks with Rush that day! I ask my self how anyone could be so stupid? And there is only one answer alcohol. The laws need to be change to if you leave the seen of an accident where lifes are lost, you get twenty-years minimum.
Boat Cop thanks for the update and doing such a fine job for all of us!! It just sucks the justice system let us all down again. Maybe Rush will have to explain his actions to a higher judge someday.
http://www.***boat.com/image_center/data/524/732dossangers5.jpg

[Wet Dream]

You know I have never agreed with you on any of your posts. But I have two very close friends that were there.
You've stated this once before. Thanks for the reminder. :rolleyes:
AzDon...Congrats. You are the first person go get the RED box.
Boatcop, Thank you for the report and showing some of these tools the rules.

[dmontzsta]

1 year is pathetic. This just lets everyone think that the worst that can happen on the river while getting hammered and driving like a dumbass is you get 1 year in jail. BIG DEAL! This is very dissappointing, this case has stuck with me for a long time, cause it could have been me or anyone else on this board. Jail is also weak! I would like to see how long old Rush would last in prison for one year.

[*BN*]

1 year is pathetic. This just lets everyone think that the worst that can happen on the river while getting hammered and driving like a dumbass is you get 1 year in jail. BIG DEAL! This is very dissappointing, this case has stuck with me for a long time, cause it could have been me or anyone else on this board. Jail is also weak! I would like to see how long old Rush would last in prison for one year.
What is worse is people like AZDON now know they should FLEE the scene. Very bad precedent in this case.

[dmontzsta]

What is worse is people like AZDON now know they should FLEE the scene. Very bad precedent in this case.
Exactly, instead of sticking around and maybe saving someones life, just flee and "consult with an attorney". Just think if that was on the street in our day to day life and someone hit a car and killed three people then left...it would be ALOT different, I dont know why it was treated differently in this case.
What jail is this guy in? Please tell me it is in OC or LA.

[DansBlown73Nordic]

I hope some life in prison guy makes old RUSH his BITCH..... :D
Come over here Rush.....I have new Soap On A Rope!!!!! :jawdrop:

[ColeTR1]

Rush will begin serving his jail sentence Jan. 14, in order to finish treatment for prostate cancer.
I thought if you had a prostate that meant that you where a man and had Balls. Leaving the scene like that Rush is not a man nor does he have any balls. And same for the low life that drove him home that night while those kids lay there, dieing on that dock!! :mad:

[Havasu_Dreamin]

If fault was with one of my kids, I'd want to show him compassion and help ease his survivor's guilt, even as I was grieving!
Uhhhh, Alan flat-out said who was at fault, END OF STORY!

[mickeyfinn]

To start with let me say I don't know any of the details or any of the people involved other than through this board. I do know that 2 precious lives were taken and the person responsible is only going to have to give up 1 year of his life. This doesn't seem right. What's worse is that in this instance it sends a message to people on the water that they are not totally responsible for their own actions. Sounds like this guy should have received a MUCH stronger sentence even if only for the purpose of sending the message to others that if they are reckless, drinking or for any other reason at fault in an action such as this they will be held accountable. AZDON claims to be the type of person who would want to be compassionate towards the guy even if it were his kids, I doubt that he would feel that way and I believe that if I were one of the childrens parents who are no longer with us it would highly piss me off to hear someone who has not directly felt the anger or the grief associated with the loss of a child much less 2 of them at the same preaching compassion. I honestly think that if I were in the same shoes as the parents here it would be extremely difficult not to try and arrange for the guilty party to spend NO time in jail because he was busy feeding the worms. AZDON is spitting out the typical liberal BS which insists that people are not responsible for themselves. HE just doesn't know how he would feel, neither do I or any of the rest of us who have not directly been a part of this situation or who have not lost a son or daughter. I personally would vote to let the family determine the sentence, if one year is satisfying to the family then one year it is, if the family wants the SOB dead then someone should hand the father a rifle and be told to Make it happen"

[Hud]

Rush & the Judge both need there fuc*in nuts cut OFF!!! :mad: :mad: :mad: :mad: :mad:

[AzDon]

What is worse is people like AZDON now know they should FLEE the scene. Very bad precedent in this case.
This is uncalled for! What basis do you have to believe that I would do anything like that? I simply wanted to know that the guy WAS responsible for the accident. I don't believe that is a flame-able offense, certainly nothing to make rude accusations over!

[AzDon]

AZDON claims to be the type of person who would want to be compassionate towards the guy even if it were his kids, I doubt that he would feel that way and I believe that if I were one of the childrens parents who are no longer with us it would highly piss me off to hear someone who has not directly felt the anger or the grief associated with the loss of a child much less 2 of them at the same preaching compassion. I honestly think that if I were in the same shoes as the parents here it would be extremely difficult not to try and arrange for the guilty party to spend NO time in jail because he was busy feeding the worms. AZDON is spitting out the typical liberal BS which insists that people are not responsible for themselves.
I'm not going to call you names.... I'm going to nicely ask that you please not misquote me or use only partial quotes to take what I say out of context. Go back and read the post C-A-R-E-F-U-L-L-Y and S-L-O-W-L-Y and you'll see that I said that if the other party was at fault, I'd want them executed! How is that showing them compassion? I stated a hypothetical that, if my kid involved another party in an accident that he caused, in which he died, that I would not and could not be bitter toward this individual for surviving. My statement was reasonable and right and has nothing to do with the Redrock accident since Rush's fault is absolute and undisputable.
It appears that you just want to slam me because you've chosen to hate me for some reason (like politics). When someone is convicted of something it's fair for reasonable people to want to know that it was legit!

[core attitude]

2 precious lives were taken
That should be 3, Jacquel Herbert's best friend, Ashley Rollins was also killed.

[mickeyfinn]

That should be 3, Jacquel Herbert's best friend, Ashley Rollins was also killed.
My bad. Didn't mean to leave anyone out. Like I said in my post I am not as intimately aware of the incident as those of you who are in the area and boat with the family. I just can't believe that someone would get only a one year sentence for something like this. People get more than that for drinking and driving when there is not even an accident.

[mickeyfinn]

AZDON,
You are correct, I did misread your post and misquoted you and yes I probably reacted quicker to your post than I would have some other people on the board. It is indeed because of your politics. I guess I and a host of others on this site (just looking at your rep :rollside: ) have become used to your usual liberal diatribes and when you do finally post something that seems to be in the realm of reality I just missed it. Sorry for the misquote.

[ColeTR1]

I don't believe that any sentence or even execution, is able to replace three young lives or completely satisfy their survivors. Between prostate cancer and the civil lawsuits, Mr. Rush will lose everything.... isn't that enough?
F no it is not enough, it's not even close!! :mad:
I said that if the other party was at fault, I'd want them executed! How is that showing them compassion?
AzDon ??

[Snowboat]

Rush, at the estimated speed of 60-70 MPH (Estimated by numerous witnesses, who themselves are "Hot-Boaters") would have given 4-6 seconds from them coming into view around the BLIND CORNER, to the collision site.
The above statement says it all to me. He was irresponsible. MIght as well be driving with his headlights off, in a fog. It sucks that leaving the scene turns out to be a correct legal move for Rush. I wish it had never happened, for all involved. A slap in the face for the legal system. Our thoughts are with you, Wayne and Jenna.

[NastyNebs]

This would seem like a vehicular manslaughter case to me, what I am wondering is if alcohol was involved, and it seems like it was why wasnt he charged with a DUI, was there lack of evidence?
I also think that you prostate cancer is of zero relevance, why would anyone say "isn't that enough", I wuld think if killed you child DONAZ and had a brain tumor, his suffering from that brain tumor wouldn't be enough for you, maybe you should think before you say something like that.
I wonder reading all these posts, how the fact that this man fled the scene and more of a deal wasnt made of it, It sure feels like this judge made a royal error in the sentencing.

[NastyNebs]

What is the RED box???????

[78Eliminator]

Rush, at the estimated speed of 60-70 MPH (Estimated by numerous witnesses, who themselves are "Hot-Boaters") would have given 4-6 seconds from them coming into view around the BLIND CORNER, to the collision site.
The above statement says it all to me. He was irresponsible. MIght as well be driving with his headlights off, in a fog. It sucks that leaving the scene turns out to be a correct legal move for Rush. I wish it had never happened, for all involved. A slap in the face for the legal system. Our thoughts are with you, Wayne and Jenna.
Could not have said it better. Maybe this will cause some laws to be written about fleeing the scene. I really hope it does. Like not agreeing to take a breathalizer test makes you guilty immediately.....same premise.

[JetBoatRich]

Very disturbing news :o 1 year, what happens 6 months off with good behavior :( it does not fit the crime
Were all the charges together 1 year combined? What about fleeing the seen? The guy made a decison as stated earlier to leave, when he could have helped the victims.

[Jet City]

I would have expected a much stiffer sentance. I can't even begin to imagine anyone leaving such a serious accident scene, I think that shows how little regard this turd (Rush) has for others. I truely think its unfortunate that they aren't routing him to the nearest state penn to have a 300 lb gorilla take care of his prostate problems. It also bothers me that he has enjoyed a life equal to that of ALL of his deceased victoms (63 years) and will get little more than a slap on the hand for his crimes.
It sounds like there are more people responsible for impeeding the legal process from what I read, who ever helped him get away should be brought up on charges, also why didn't the people ColeTR1 mentioned that had drinks with him step up to the plate and mention this, I would think that may well have had an impact in the trial. As someone else mentioned, someday this turd will have to answer to a higher court.
My condolences Wayne and Jenna

[uclahater]

Rush may have gottin off easy on Friday, but some day hes' going to meet his maker, and from the way I see it thats not going to be a good day for him.
AZ Don the father of 2 of those kids comes on these boards. Out of respect for him, and his family will you please remove all of your post.
Its one thing to be a tastless POS about politics, but to be one about the loss of someones children is Bull Shit
Wayne , and Jenna as always if theres anything I can do, please dont hessitate to ask
Jim

[insanity]

Not trying to defend Rush in any way, but I was told by someone who was at the sentencing that he did not flee the scene, he was told by one of the Parametics at the scene to leave. Supposedly the parametic also verified this in the court room. I wasn't there so this is second hand.

[superdave013]

Not trying to defend Rush in any way, but I was told by someone who was at the sentencing that he did not flee the scene, he was told by one of the Parametics at the scene to leave. Supposedly the parametic also verified this in the court room. I wasn't there so this is second hand.
If that same Parametic told you to jump off a bridge would you?? Didn't think so.
He left and it's not like he drove to the Parker police station, he left the friggen state! Bad judment on his part. But if he had been drinking it seemed to have worked out better for him in the long run. And that's the F'ed up part.
I was not at court either but I was at a service for 2 young kids. It was really sad man.
I don't know Jenna but I know Wayne pretty well. He's the type of guy that we all would dream to have as a farther. Rush took away all his children that day and split. No matter how you look at it he f'en split. And for that he only has to do one year time?? ****, you could get more time then that for growing weed in your extra bedroom! wtf

[Boatcop]

he was told by one of the Parametics at the scene to leave. Supposedly the parametic also verified this in the court room. I wasn't there so this is second hand.
Incorrect on both counts.

[BigBoyToys]

If that same Parametic told you to jump off a bridge would you?? Didn't think so.
He left and it's not like he drove to the Parker police station, he left the friggen state! Bad judment on his part. But if he had been drinking it seemed to have worked out better for him in the long run. And that's the F'ed up part.
I was not at court either but I was at a service for 2 young kids. It was really sad man.
I don't know Jenna but I know Wayne pretty well. He's the type of guy that we all would dream to have as a farther. Rush took away all his children that day and split. No matter how you look at it he f'en split. And for that he only has to do one year time?? ****, you could get more time then that for growing weed in your extra bedroom! wtf
I agree.... I'm thinking that they should've strung Rush up by the highest tree and let him swing.

[lucky]

Let me recap -- it was the worst day in the world for all the family of the kids -and messed up situation - no one wish it happend !!
The Dossagers still hang on this board - I'd hate a daily reminder of my tradic day - I think- he problably does too. I'd like to come to the site and read stuff that make me smile - :D not stuff that make a bad day worse !!! have some compasion , people if Dos feels like talking about - let him /them bring it up for our support .. :idea: till then - shut the **** up !!!!!!!! if ya get mad - T.S give me bad rep points ... but let this thread stay dormant ...

[Kurtis500]

Between prostate cancer and the civil lawsuits, Mr. Rush will lose everything.... isn't that enough?
And then....
Go back and read the post C-A-R-E-F-U-L-L-Y and S-L-O-W-L-Y and you'll see that I said that if the other party was at fault, I'd want them executed!
Do you see a contridiction here Azdon? Do you wonder why people are refering to you as a liberal and off-base on your responses. You see justice as a RELATIVE function. You want them executed if its your kids, but you think the prostate cancer and a lawsuit is 'enough?' when its someone elses kids.
Truely pathetic... try and spin you way out of your own words AzDon

[Kurtis500]

Not trying to defend Rush in any way, but I was told by someone who was at the sentencing that he did not flee the scene, he was told by one of the Parametics at the scene to leave. Supposedly the parametic also verified this in the court room. I wasn't there so this is second hand.
Thats NOT going to happen.

[ColeTR1]

have some compasion , people if Dos feels like talking about - let him /them bring it up for our support .. :idea: till then - shut the **** up !!!!!!!! ... but let this thread stay dormant ...
The only way this injustice can be prevented in the future is for the public to become outraged and speak out about it. Dos knows that we all support him! When dos needs a smile he jumps in that awesome white k-boat and puts the hammer down. I know he would be the first one to speak up if he didn’t like a post!! And I’m sure he is outraged with the judge’s lack of punishment. Sweeping this under the rug and not taking action would be further injustice to all the victims
Originally Posted by core attitude
From Google.....
Hon. Michael Burke
La Paz County Superior Court
1316 Kofa Avenue
Parker, Arizona 85344
Phone: (928) 669-6134
Fax: (928) 669-9770
All other board members send Mr Michael Burke a letter. Just let him know how disappointed you are!!!

[Kurtis500]

Nice job Boatcop on giving the explanation.
Personally I feel the court robbed the victims, thier families AND the community by giving a leanient sentence like this. I feel for the Herberts and the families of the other two. The void left by not punishing fairly and justly will live with them. This makes me sick.

[Her454]

I am at a loss for words.
Wayne and Jenna, my heart and prayers go out to you and the pain you have and will continue to suffer. Not only have you suffered the loss of your children, but a grave injustice and insult from the justice system.
God Bless,
Traci

[uclahater]

Boatcop could you post an address and full name of the judge. So myself and any other board members could send him a letter. Just want to let him know how disappointed I am!!!
I would like to do the same. Great Idea TR1 :cool:

[bronco88]

WOW!
One year for killing three people. I guess that just means he will have more free time to work to pay for the civil suits that are sure to follow.

[Havasu_Dreamin]

Incorrect on both counts.
thanks for clearing that up BC. I figured that comment sounded like the BS that is was.

[Jordy]

From Google.....
Hon. Michael Burke
La Paz County Superior Court
1316 Kofa Avenue
Parker, Arizona 85344
Phone: (928) 669-6134
Fax: (928) 669-9770
This is from the first page, but I edited it up a little bit. Should get to him using the above address. He's the judge for the Superior Court as well.

[WaTchTheGelCoat]

Between prostate cancer and the civil lawsuits, Mr. Rush will lose everything.... isn't that enough?
You know Don, I always kinda thought people were just ganging up on you because of your politcal thoughts, I actually felt bad for you, because you actualy stood up for yourself. With that post you totally proved to me and everyone else on this forum that you are a complete and total moron. How would you feel if you were those kids parents, I am sure you would be singing a differant tune.

[uclahater]

This is from the first page, but I edited it up a little bit. Should get to him using the above address. He's the judge for the Superior Court as well.
Thanks Jordy :cool:

[OGShocker]

You know Don, I always kinda thought people were just ganging up on you because of your politcal thoughts, I actually felt bad for you, because you actualy stood up for yourself. With that post you totally proved to me and everyone else on this forum that you are a complete and total moron. How would you feel if you were those kids parents, I am sure you would be singing a differant tune.
WTGC, I feel VINDICATED! Thank You!
What ever happends to "RUSH" while in the joint is just what he deserves. We all make mistakes in life but, he ran from his and this Judge only helped.
AZDon. I think if justice is served, Rush will get an inmate to check his prostate nightly. He will never lose what DS has.