An Ontario man who allegedly failed to contact authorities after his girlfriend overdosed and actively discouraged other people from contacting authorities is being prosecuted for involuntary manslaughter as a result, The San Bernardino Sun reports.
Reporter Rod Leveque notes: "The circumstances of the death posed tricky legal issues for prosecutors because it generally is not illegal for an average citizen to refuse to help someone in need." That was my reaction, too, but then I came to the paragraph where Leveque describes the evidence from the preliminary hearing, where a judge determines if probable cause exists to hold a person for a felony:
Three witnesses testified at a preliminary hearing that they were inside [the defendant, Andrew] Girvan's home with [the victim, Miranda] Daly in the early morning of Aug. 12 as she slowly slipped away from an excess of morphine and Ecstasy.
All three said it was clear to them that the woman was dying as she lay unconscious for more than six hours.
They testified that they pleaded with Girvan to allow them to take the woman to a hospital, but he refused.
They said Girvan, a reputed drug dealer, walked around the house with a gun and led them to believe they would be harmed if they contacted authorities.
In other words, this case seems to go beyond mere "failure to assist," if you buy the testimony of the other people who were there. They, presumably, are more than happy to shift the blame to somebody else and so have a considerable motive to lie, but that's another issue.
This is also a case in which the criminal sanctions around drugs unfortunately contributed to the death of a person who should still be alive today. While the prosecutor will do his/her best to focus on the culpability of Girvan, some portion of the blame lies with a legal structure that makes it risky merely to assist a person who has overdosed on an illegal drug. Thinking about what took place here makes me wonder if California could benefit from some sort of "safe harbor" law around overdoses, analogous to the safe harbor provisions that allow mothers to drop off newborns at fire stations and so forth without risking criminal liability.
(Thanks to a reader for the tip on the article.)
Thank you for the write up on this case and the issue before us as Californians. It also puts into perspectve the other article you wrote above on 'The Law' and 'Justice' occasionally coinciding.
Posted by: deborah case | March 11, 2008 at 07:37 AM
Thank you for this report. My 21-year old cousin died on April 9, 2008, in San Diego in what seems to be a similar situation. She had been drinking and a girl in the house shared her prescription xanax with her (and maybe something else) and when my cousin showed signs of distress she didn't call paramedics. The police are still investigating, but it seems the girl was too scared to call for help because she was worried she would get in trouble. Instead, my cousin died. Perhaps if the law was different she could also be alive today. There definitely needs to be more awareness in preventing OD's in young adults. If you have any advice for me please forward it. It seems the police detective hasn't been doing the best job. A 21 year old man who was also in the house and witness to my cousin's distress was still never interviewed 2 weeks after her death. I feel the detective has dropped the ball on this and isn't experienced in cases like this. My aunt is looking at getting a lawyer because the two people in the house with my cousin that night got criminal defense lawyers. The whole thing is a tragedy and a big mess. We just want answers. We know we can't bring her back now but if things can be done to protect others in the future then maybe that is what was meant to happen from this horrible and preventable death.
Thank you. -Julie
Posted by: Julie Velandia | May 11, 2008 at 08:45 AM
One correction due to a typo. My cousin, Brianne Nelson, died on April 19, 2008. If anyone has any advice or interest in writing an investigative report to help please contact me. Thank you.
Posted by: Julie Velandia | May 11, 2008 at 08:50 AM
Julie, I am so sorry to hear of your loss. and my best advice is to contact the Elected District Attorney in your county. Emails don't appear on these pages, but a link to my page for Miranda is listed I believe if you would like to contact me.
Posted by: Deborah Case | May 19, 2008 at 12:10 AM
I would like to add that the trial for the man charged in Miranda's death -2nd degree murder is set for June 23rd, 2008
article posted in the Inland Valley News for San Bernardino.
Posted by: Deborah Case | May 19, 2008 at 12:14 AM
delay tactics? on defense side. Nov 10th is the new trial date. it is one year since her death
as long as he sits in jail i guess i have nothing to complain about though. well, i do, but this is it.
and no those others at the house have absolutely no reason to make anything up. it is what they say. no way he intended for her to live.
the gun is proven- i know it wouldn't have stopped me, but i am her mother, i don't know what a 20ish yr old or 17 yr old would do in similar circumstances.
Posted by: Debbe Case | August 10, 2008 at 11:35 PM