Tuesday, May 08, 2007

Record Was Suspect In Second Hit And Run Injuring Pedestrian

There's yet another shocking revelation in the case of Terry J. Record. The man who police have charged with killing 47-year-old Jimmy Cash in a suspected drunken driving case Sunday night was a suspect in yet another hit-and-run case in December of last year--just two months after Record had skated on a hit-and-run charge in October, which cost him his job as a Marion County deputy prosecutor. WRTV offers this new item:

Police also said a vehicle owned by Record was suspected in a hit-and-run in which a pedestrian was injured in downtown Indianapolis in December. He was not charged in that case.

The police and prosecutor did not press charges against Record in the October hit-and-run case, even though Record admitted he was driving the car he abandoned after it struck a parked car and overturned--but after he first lied to police and told them his car had been stolen. This is absolutely unbelievable.

7 comments:

credo said...

Do you think the boy may have a drinking problem? Take him off the road, where is Senator Wyss?

Somebody should be sued. Had they not let the title of an attorney excuse sure behavior, a life may not have lost.

Anonymous said...

Gary-

You mistakenly have the victim's surname as "Chase" instead of "Cash".

Advance Indiana said...

Thanks, anon. Corrected.

Anonymous said...

You think that's a story, in Montana, the republican gov has an aid who participated in a cover up of an alcohol related accident that killed a legislator.

http://www.helenair.com/articles/2002/02/14/stories/headline/1a1.txt?rating=true

Anonymous said...

"Somebody should be sued. Had they not let the title of an attorney excuse sure behavior, a life may not have lost."

Give me a break. So what if he would have been charged twice for hit and runs, two slaps on the wrist in Marion Co.. I doubt he would have even lost his license over it. In Marion Co., property crimes are less likely to get charged if the offender pays for any and all damages. I am not sure of alcohol involvement in the second case, but it was likely in the first case. Even with that, since there was no proof, there would have been no alcohol related crimes. This means no alcohol classes. Considering this guy thought he was king of the hill, I doubt a suspended or hardship license along with some 'no drinking' probation would have done anything.

Doug said...

Oh, somebody will get sued.

For starters, Record's auto insurer should probably be cutting a check almost immediately. If possible, they'll just want to tender their policy limits (at best $100,000, I would imagine) and stay the hell out of the case. (I'm a little hazy on their duty to defend where liability is clear and the damages clearly exceed the policy limits.)

The bar will probably get sued under a dram shop law theory. If he only had 4 drinks in 4 hours, that probably won't hold up. But, there is no particular reason to think that Record was telling the truth about how much he had had to drink. In any event, apparently there is video of Record in the bar and they have taken blood samples. Just a knee-jerk guess would put them at 30% potential liability without knowing more. Could go up or down depending on the video and blood evidence.

I just can't see how there would be any civil liability to Cash's family on the part of the Marion County prosecutor's office or police department. Governmental agencies are immune from state claims for enforcing or failing to enforce the law. Theoretically, maybe you can argue that the governmental agencies acted so egregiously that they violated the U.S. Constitution. But it seems like it would be almost impossible to get a court to agree that rights flowing out of the transgressions of the governmental agencies attach to Cash or his family when the transgressions occurred in November and December and Record didn't kill Cash until May.

Evansville said...

I also know Terry Record. We hired him to represent us in a child custody case, but he failed to mention that he was in all this trouble. We fired him . I am outraged that he is going around as if nothing has happened - surely he should let his clients know what they are getting into.