Thursday, October 07, 2004
Copyright © Las Vegas Review-Journal

Traffic ticket in girl's death frustrates parents, prosecutors

Debbie Blinder 7-year-old was killed when an SUV driver ran a stop sign

The recent death of 7-year-old Debbie Blinder exposed what for some is a frustrating gap in Nevada law: Absentmindedness that results in the death of another person isn't necessarily a crime.

The state's negligence laws make it hard to find a just ending when somebody's driving error claims a life, some officials and safety advocates contend.

In Nevada, "as long as you're sober and you hit someone, nothing happens to you," Erin Breen, director of the UNLV Safe Community Partnership, said this week.

Breen doesn't advocate that people go to jail in such cases, but the punishment "has to be something more than a $140 ticket."

Police are still investigating the Sept. 23 crash at Hualapai Way and Desert Inn Road in which Sharon Rapstad, 57, of Las Vegas ran a stop sign.

Rapstad's sport utility vehicle then struck another car, seriously injuring Debbie and her 4-year-old brother. Debbie died the next day.

Rapstad has been cited for running a stop sign, a misdemeanor violation.

Clark County District Attorney David Roger would not comment specifically on the Rapstad case until his office has a chance to review police reports, which have yet to be submitted.

But in general, Roger said, felony charges such as reckless driving or involuntary manslaughter hinge on a clear showing of reckless intent or willful disregard for the safety of others.

Roger said state court rulings have put the burden on prosecutors to prove "gross negligence" rather than "mere negligence."

"When we're looking at an automobile wreck, we're looking for several violations of traffic laws to show a person as negligent," Roger said. "It's difficult to explain that to the victim's relatives. We see that quite frequently."

In this case, police have said Rapstad simply "spaced out," and other aggravating factors such as speeding or talking on a cell phone do not appear to have been present.

"Running a stop sign is a misdemeanor," Roger said. "Normally, we won't seek jail time for somebody who runs a stop sign."

Las Vegas police Sgt. Frank Weigand said: "The DA's office has not historically charged people with more serious charges in cases like this because of a lack of mitigating circumstances."

Laws on recklessness vary from state to state and are subject to different court interpretations, said Stephen Talpins, director of the National Traffic Law Center.

But Nevada's baseline of requiring two or more infractions and showing "willful and wanton disregard" in proving recklessness is pretty standard, according to Talpins.

Other states have a greater number of options available to prosecutors, however.

For example, California's vehicular manslaughter law requires proof of gross negligence for a felony charge but not for a misdemeanor charge, according to the American Prosecutors Research Institute, the law center's parent group.

"I'd hate to sound trite, but there's nothing in the middle to charge her with," Breen said about Rapstad. "It's one of the problems with the statute. We've been wanting a new law on the books."

Said Weigand: "Right now, in my own opinion, yeah, there's a gap."

Such a law was introduced in the Legislature last year, Roger said.

The "misdemeanor manslaughter" bill would have given prosecutors a lower threshold in proving recklessness and set maximum sentences of 6 months jail and a fine of $1,000 fine for lesser negligent acts that result in death.

Breen said consideration of the bill was shoved aside amid rancorous debate over last year's record $833 million tax hike.

"We, as prosecutors, enforce the law. We don't make it," Roger said. "If people believe there should be harsher punishments for traffic violators, they should go to the Legislature and ask the representatives to enact harsher sentences."

Roger said the bill, backed by the Nevada District Attorneys Association, will go back to Carson City for consideration next year.

"We believe that'll provide some solace to people who want that type of charge," Roger said. "It's not a lot, but it's something."

Debbie's parents, Norm and Dawn Blinder, believes Rapstad should at least lose her driver's license and have to speak in front of driving classes about her mistake.

They believe there should be punishment beyond a traffic ticket, the extent of which they'll leave up to prosecutors.

"She took a human life. She needs to be held accountable for her actions," Dawn Blinder said. "A citation for running a stop sign ... our daughter was worth so much more than that."

Said Norm Blinder: "It needs to be more than a slap on the wrist. What is the punishment for taking the life of a 7-year-old and ruining a family's life?"

A new law may not be a panacea, Breen warns: "The sad reality is that this is still going to happen, even if there is a law on the books. But hopefully, people involved will feel they'll get some sort of justice out of it."