Drunken driver who killed veterans advocate Gary Lillie: 'I'll never forgive myself'

Posted on Mon, Jan 21, 2013 : 2:59 p.m.

Drunken driver who killed veterans advocate Gary Lillie: 'I'll never forgive myself'

By Kyle Feldscher

Minutes before he was led away to start serving his prison sentence, the man who killed Gary Lillie in a drunken driving crash sat in a suit next to his attorney, listening to Lillie’s family members tell him exactly what he took when he struck the veterans advocate.

When it was his turn to speak, Kevin Warren spoke softly. He apologized. He did not ask for forgiveness.

“I’d like to tell Mr. Lillie’s family, friends and the community how sorry I am for doing what I did the night of the accident,” he said. “I can’t ask for your forgiveness because I’ll never forgive myself. But, I hope in time you can find peace in your heart.”

Warren pleaded guilty to operating a vehicle while intoxicated causing death in a plea deal late last year. Washtenaw County Trial Court Judge David Swartz sentenced him to between 19 months and 15 years in prison on that charge.

Kevin Warren

AnnArbor.com received videos of Warren’s sentencing hearing last week as a part of a records request.

Gary Lillie was killed at the age of 70 on Aug. 4, 2011 while taking a late-night walk on Marshall Road east of Baker Road. Warren was driving his Chevrolet Avalanche east on Marshall Road when he dropped his cellphone, reached down to grab it and struck Gary Lillie. Lillie died instantly and the impact threw him into a roadside ditch.

At the Jan. 11 sentencing hearing, three members of the Lillie family spoke about how Gary Lillie’s death affected them.

Gerard Lillie, Gary’s youngest brother, spoke about the long nights spent playing hockey in Ontario after Gary returned from serving in Vietnam.

Complete coverage of Gary Lillie’s death

Here are a few of the AnnArbor.com stories, from Lillie’s death to Warren’s sentencing

“It was the best thing in my life at that time,” Gerard said. “I simply couldn’t wait to play hockey with my big brother.”

Each member of the Lillie family who spoke thanked Washtenaw County Assistant Prosecutor Brenda Taylor, Washtenaw County Sheriff’s Office Deputy Robert Losey and victim’s advocate Leann Kaiser for their assistance throughout the process.

Merritt Lillie, Gary Lillie’s only niece, gave an emotional statement to Swartz about her uncle, calling him “a mentor to many and an advocate for thousands.”

She still reads the email exchanges she had with her uncle, watches videos of interviews he gave and listens to past radio programs he hosted to hear his voice.

Gary Lillie

“I listen and watch so I can hear his laugh and to see him alive and smiling, doing God’s work on this Earth,” she said. “I loathe the fact that Kevin Warren took away my ability to email him and get a reply.”

Bernard Lillie echoed previous statements he’s made to AnnArbor.com, remembering Gary's memorial service and meeting the veterans he mentored.

He said the family never realized the impact Gary had on the veterans he worked for and all the family members learned more about him following his death.

Gary Lillie’s military service was one of the defining points of his life and Bernard said a trip back to Vietnam several years before his death brought his brother peace. Bernard said Gary went to a hill where he was stationed in Vietnam and met an old man who was a former Vietcong soldier who fought on the same hill.

“Gary had a small pine tree and a bag of soil from his 10 acres that he took with him, and some incense. Gary and his former enemy planted the pine tree together, burned the incense and each, in their own way, prayed for the brave dead soldiers from both sides,” he said.

Bernard continued, saying, “He came back from that trip, he told me, a changed man, rid all of all those demons who had haunted him all those many years.”

Following his attorney John Shea's statements to Swartz, Warren spoke about how he’ll remember the night of the crash, calling his decisions “selfish and irresponsible.”

Despite the fact that he could be spending the next 15 years in prison because of those decisions, Warren said he doesn’t feel they define him. He apologized to his family for what he did and thanked them for the support they’d given him.

He said there’s only one thing he won’t regret from that night.

“I made a lot of bad decisions on the night of the accident,” he said. “The only good decision I made was calling 911 and, regardless of the outcome today, it’s the only thing I won’t regret doing that night.”

Videos

Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Comments

David Wanner

Wed, Jan 23, 2013 : 3:57 p.m.

Nobody wins with drunk driving. If you drink do not drive.

mady

Wed, Jan 23, 2013 : 2:40 p.m.

@DBH: Mady here, and to answer your question , no there are no crimes that I would consider unforgivable. Forgiveness is not the same thing as saying that it was ok to do something, because obviously it was not in this case. BUT. it is possible to separate the sin from the sinner. you have heard Mr. Warren say that he'll "never forgive himself", so I suspect that he's beating himself up far worse than you, or I, or the justice system ever could. also please keep in mind that he has to live with what he did for the rest of his days, that also in my opinion anyway trumps any prison sentence. so there's my response for what it's worth.

DBH

Wed, Jan 23, 2013 : 5:55 p.m.

Thank you for your reply, @mady.

mady

Tue, Jan 22, 2013 : 6:52 p.m.

this will probably get deleted also, but here goes anyway: it has been stated that "dead people can't forgive." it seems that there are living people with the same difficulty.

music to my ear

Tue, Jan 22, 2013 : 11:05 p.m.

it is really hard to forgive. while you are still grieving some day Gary"s family may and move on but for now, they just miss him too much.

DBH

Tue, Jan 22, 2013 : 9:07 p.m.

Thank you for your input, @SSS. I continue to await a reply from @mady.

Sam S Smith

Tue, Jan 22, 2013 : 8:22 p.m.

DBH for some people there are no crimes that are unforgivable. Nothing, absolutely nothing done on this earth, can change their spirit. For some, it's another story. Everyone should be able to post whether there is agreement or not.

DBH

Tue, Jan 22, 2013 : 7:02 p.m.

@mady, are there any crimes which you yourself would consider to be unforgivable? If so, which one(s) and why?

Bubba43

Tue, Jan 22, 2013 : 2:52 p.m.

The family won't ever forgive you either.

mady

Wed, Jan 23, 2013 : 2:41 p.m.

Bubba, do you now speak for the family?

RuralMom

Tue, Jan 22, 2013 : 2:15 p.m.

Forgiveness is not solely for the offender, Forgiveness is also for those who have been offended or hurt. You cannot hang onto grief & anger forever, at some point you have to forgive so you can get on with your life, be the best person you can be verses drowning in sorrow. For the Lillie family, I wish you peace and a will for forgive eventually, for yourselves, no other reason.

nicedoggy

Tue, Jan 22, 2013 : 1:15 p.m.

Let those without sin cast the first stone. God will forgive and we need to forgive. I lost my father in an auto accident when I was a teen .It was someone elses fault. I Know the pain and the pain my mother and family suffered.

mady

Tue, Jan 22, 2013 : 2:42 p.m.

nicedoggy, absolutely right, I could not possibly agree with you more!! unfortunately, the haters seem to be having a field day with this......must be nice to be perfect.....

brian

Tue, Jan 22, 2013 : 3:40 a.m.

Please people, do as I do. I like to have a drink or two or three. When I drink I do it at home. I never go to bars and don't go to parties. Just go home and drink and if you have guests over, let them stay the night. It is not worth it.

music to my ear

Tue, Jan 22, 2013 : 1:35 p.m.

brian you just cant win on here pineywoodsguy must not drink at all . but you are right if you must drink .do it at home. people can enjoy a drink or two and be responsible piney you should know it is very common for people to enjoy a few drinks after work or on the weekend so what is wrong with that.

PineyWoodsGuy

Tue, Jan 22, 2013 : 7:02 a.m.

Brian. You Got It Right! If you have a problem; keep it to yerself. Do it at home and sleep it off. Not really a great solution, but Much Better than getting behind the wheel and driving. Not trying to give advice, but give some thought as to Why you desire the alcohol. Just saying, my brother . . .

squidlover

Tue, Jan 22, 2013 : 3:21 a.m.

A very sad situation all the way around. Reading the comments made prior to posting this, I can certainly understand the anger that a lot of people feel, as a great man has been taken from his family and his community due to a horrible accident caused by a very bad decision. Having said that, here is my take... I did know Kevin, though not very well, back in school days, starting over 30 years ago. In the years that I knew him, he seemed like a decent and likable person, and other than this accident, I don't know of anything recent about him that would suggest otherwise. His remorse seems sincere. He has accepted responsibility for his actions rather than trying to blame somebody else for his decisions. I can also understand his statement that he would never forgive himself. I am not usually an extremely forgiving person when it comes to crimes. Yes, Kevin should have used better judgment before driving while impaired, but his actions were not overtly malicious, contrary to somebody who commits an armed robbery or murders another person. I cannot say if I would forgive Kevin or not if Gary Lillie were part of my family. However, I can say that I feel the grief for the Lillie family and I hope for the best for their family as well as the Warren family under these circumstances. For the sake of you, your family and others, please be safe and exercise good judgment.

Chase Ingersoll

Mon, Jan 21, 2013 : 11:36 p.m.

From what has been said and written about Gary Lillie, I suspect that he has already forgiven Kevin Warren. That being the case, I think out of respect for Gary we should follow the example of a man that traveled a world away to make peace with a former enemy and consider that he would be the first to forgive the unintended harm of someone who truly regrets what he did. So who from Ann Arbor is going to be the first to write to Kevin Warren and explain to him why he should forgive himself. Or does no one understand why it is so important for all of us, that he does that?

Sam S Smith

Tue, Jan 22, 2013 : 8:13 p.m.

Susan Ursus Mr. Lillie's spirit is far from dead.

Lynn Liston

Tue, Jan 22, 2013 : 5:51 p.m.

Chase, you are right about Gary. He traveled to Viet Nam a couple of years and returned to the place where he had served as a Sea Bee. While there, he met a former Viet Cong, and they made peace, burned incense in memory of all of the soldiers who had died there, and walked away as friends. In this spirit, Gary's family offered forgiveness to Mr. Warren immediately following Gary's death. I do hope that in time, Mr. Warren will be able to forgive himself and go forward to fulfill his own path in life.

Chase Ingersoll

Tue, Jan 22, 2013 : 5:04 p.m.

DBH: I've got a list of a several people in prison that I need to continue to write. The best letter for Kevin is probably from someone who knew Gary or a victim like Gary. That person can make a very personal case. Susan: If you don't believe that dead people are alive in a way that they can forgive, then that would indicate that you don't believe in forgiveness or value it the way I do. My question to you would be: Do you have little value for it because you don't believe much of it, or is a diminished belief a lack of value of what forgiveness represents, which is God?

Susan Ursus

Tue, Jan 22, 2013 : 3:35 a.m.

Dead people can't forgive.

Susan Ursus

Tue, Jan 22, 2013 : 3:30 a.m.

Let's all light a candle for poor Rick Warren.

DBH

Tue, Jan 22, 2013 : 2:18 a.m.

If you think this is appropriate (and apparently you do), why don't you write him? And even if you should not be the first to do so, I don't see what difference it would make if you were the first, the last, or anywhere in-between.

GoNavy

Mon, Jan 21, 2013 : 10:04 p.m.

We should consider mandatory breathalyzer interlocks on all automobiles.

JBK

Tue, Jan 22, 2013 : 3:53 p.m.

Go Navy - Your summation was on the mark. If we enforced what was already on the books, you would see a couple hundred pull overs every weekend in Ann Arbor, BUT the city turns a blind eye to it, and then as you point out, when someone is CAUGHT, it is splashed all over the media to make a point. My earlier point to you is simply that the Japaneese already have the technology. It is being tested now. In a couple years you will see a new mom and pop business thriving. A different responder to your column noted that he would start a new business driving people home since he would not have any alcohol in his system. At the end of the day, politicians like to grandstand and talk about all of the new laws, etc., BUT no one really wants to stop drinking and driving because bars and restaurants would suffer. An no, I do not have the answer.

GoNavy

Tue, Jan 22, 2013 : 2:19 p.m.

@JBK - I'm not sure what you're saying here exactly, but I'm going to take a guess. On the one hand, we're talking about the ills of drunk driving (Mr. Lilly being the unfortunate example in this case). We're poo-pooing about how tragic it was, the dangers of drunk driving, etc. On the other hand, you're telling us "People get wasted and drive all the time. If we enforced the law, Ann Arbor Gameday would shut down." In that way, it appears as if you're being a total hypocrite. Imagine if alcohol laws *were fully enforced*. You think people wouldn't come in to town. On the other hand, I think it would spur a great race to build new low-cost hotels, an expanded bus and taxi system, and prompt a lot more walking to the game. Manhattan has some of the highest density of liquor-serving establishments to people in the world - but it also has a great taxi and public transportation system which allows people to get home safely while not doing so behind the wheel of a car. Compare that to LA, which sees people drive from one bar to another. I'm never shocked when I see celebrities in LA pulled over for drunk driving. Anyways, I'm highly familiar with the tack of the argument you're taking. Few individuals want to seriously enforce any drunk driving laws in this country, because a lot of people ("A LOT") actually drive over the legal limit on a semi-regular basis. So instead, what we do is when we CATCH somebody drinking and driving, we throw the book at them to make sure it looks like we're "really serious" about the problem. We talk about them like they're social outcasts, point fingers at them and look down our noses at them. In the end - we're hypocrites. We want to make sure all of the attention is focused on the guy who got caught, so that none of the focus is on the regular (illegal) daily behavior the rest of us are engaging in. That's what your commentary sums up (at least your final comment), to me.

DJBudSonic

Tue, Jan 22, 2013 : 2:19 p.m.

Wow the further erosion of our rights sounds great. What is one more little bother for evryone to do if it saves some people? Should owners of operable vintage cars be required to retrofit at their expense cars they want to drive? Should my Mormon friends have to blow every time to start their car even though alcohol use is forbidden? How about my teatotaller mother? How about my wife and I? We have lost 2 parents to a drunk driver should we be forced to think about drunk driving every morning when we take the kids to school? We think about it everyday as it is. If you can't get a state to put an interlock on a vehicle for a multiple offender, why should everyone suffer? And I am not saying that driving is a right, it is a privilege. The right being violated is the right to be free from assumption of guilt, and free from warrantless search. One should not have to prove a negative in order to go about their daily business. Prove you're not drunk at 6 a.m. when you go to work? Seriously? But I guess if you have nothing to hide... You must love air travel.

Richard Carter

Tue, Jan 22, 2013 : 2:17 p.m.

Hmmm... come to think of it, people will still drive out, drink too much and then get annoyed that they can't start their cars. I think I'll start a business that gets peoples' cars back to their houses. That'll likely be a big moneymaker.

Richard Carter

Tue, Jan 22, 2013 : 2:14 p.m.

JBK, sounds like you're advocating for drunk driving for economic reasons. Face it, if that many people are that into it, they'll adjust... the same urge that had them out drinking in the first place won't go away and make them all nuns and priests. They'll find a way to drink somewhere. AND they'll still go to football games. No,downtown won't close down, but bus and taxi service will boom.

JBK

Tue, Jan 22, 2013 : 4:06 a.m.

GoNavy - One final thought. As our State now has a .08 for intoxication, who do you think fills the 110,000 big house on Saturdays? is it nuns or priests? i doubt it. It is friends and family of either a student or they are alumni. With the .08 limit now as law, it takes roughly 2 beers in one hour to blow over the limit. With a crackdown, what would happen to out of towners from Ohio, Wisconsin, Penn St, etc. to drink too much and blow over the limit? Hardly anything. So if A2 is really serious about this, they can pull over any car comining out of ANY bar in A2 after a game and they would have a "drunk" driver. Keep in mind that many of these people have been drinking since 8 or 9 in the morning from the Pioneer parking lot or gold course. If A2 really cracked down on this, downtown A2 would become a ghost town. You and I both know it.

JBK

Tue, Jan 22, 2013 : 3:43 a.m.

GoNavy - It will be a moot point in a year or two. The Japaneese have developed a technology where the person starting the car will have to hold the steering wheel. The steering wheel will be able to read the "alcohol by volume" in the person. the car will NOT start. END of story. You will see bars and restaurants close everywhere because as YOU and I both know, people drink and drive all the time (over the limit). This new technology is expected on the 2015 models so a night of pubbing with your friends, family, etc. will be a thing of the past very soon! The bar and and restaurant business in this country will shut down!

DBH

Tue, Jan 22, 2013 : 3:22 a.m.

@Fresh Start, I am pretty sure it would be state lawmakers if you were looking to make it mandatory only in Michigan, and federal lawmakers to make it mandatory nationwide.

Fresh Start

Tue, Jan 22, 2013 : 2:56 a.m.

It does not excuse this unfortunate and preventable accident but you bring up an excellent point, especially below. As the automotive capital of the world and brain center for engineering and leadership that fuels this industry, it is time that we end senseless and preventable loss of life caused someone who's judgement is impaired by the consuming alcohol. Who do we need to convince to make this happen?

GoNavy

Tue, Jan 22, 2013 : 2:10 a.m.

I want to add that the choice is relatively clear: Alcohol is a legal drug in our nation. It has been; our attempts to ban it ended disastrously. As a society, we have chosen to live with alcohol in our lives. I certainly imbibe. However, this carries with it certain consequences - among which include the fact that people will act against their best interests when drinking. It is not enough for us to sigh and proclaim "It's sad that people make poor decisions while drinking," because the fact is that the consumption of alcohol clouds, and often occludes, judgement itself. In other words, those who are drinking are not always thinking. It is not enough to sit back and point fingers while proclaiming that we should be "responsible." If responsibility were enough to fix the ills of the world, we wouldn't need all manner of contrivances of the modern era. So I have suggested breathalyzer interlocks on cars. It is an added cost - but then again, so are anti-lock brakes. So is traction control. So is stability control. All of which are not necessary - especially for the "responsible" driver who has "educated" him/herself on driving. Apply even pressure to brakes. Don't floor the accelerator. Don't lift the throttle on a high speed turn. All things we should know about cars, but all things that people simply fail to do. So, we installed the electronic items I've suggested. I can say without a doubt that Mr. Lillie would be alive today had the car Kevin Warren been driving were equipped with an interlock device. In 2010, 10,228 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (31%) of all traffic-related deaths in the United States. Numbers to consider - numbers which now count among its victims Mr. Lillie.

Kyle Feldscher

Mon, Jan 21, 2013 : 9:25 p.m.

I've been following this case for a long time and I just wanted to post a few of my thoughts. It's clear to me that Kevin Warren is not a bad man. He did not have a criminal history and, by all accounts, is a good person. However, awful things can happen when good people make bad decisions. I can't emphasize enough how dangerous it can be to get behind the wheel of a vehicle when you've been drinking, even if you think you're fine. Please keep these statements in mind the next time you find yourself in that situation.

Lynn Liston

Tue, Jan 22, 2013 : 5:42 p.m.

Kyle, thank you so much for being on this journey with us as we sought justice, peace and understanding over Gary's tragic death. Being in the courtroom at the sentencing was one of the saddest moments of my life, second only to losing Gary. Because a good person made a bad decision, the lives of two good human beings have been destroyed and the hearts of two families have been broken. Alcohol makes us feel safer and more in control than we are, when in fact, it is a very dangerous substance that can rob us of our good judgement and cause us to do things we would never, ever choose to do.

music to my ear

Tue, Jan 22, 2013 : 1:21 p.m.

susan mr warren did call 911. and remember he is going to jail and trying to take responsibility for what he did. the bottom line is nothing will bring gary back to his family its permanent .Mr warren will be sober now .and have to live with that right now he is in his own Hell. and yes I know he is still alive, but he will suffer mentally.

Susan Ursus

Tue, Jan 22, 2013 : 3:34 a.m.

He drove drunk, hit a guy with his car, then left the scene. But he's not a bad man.

unrulyfan

Mon, Jan 21, 2013 : 11:14 p.m.

@JustCurious. please remember that he took away from his family too, and they suffer also. This is a case of poor judgment, but not of malice or criminal intent. I feel for both families, they will never be the same; both are paying a very high price.

Lovaduck

Mon, Jan 21, 2013 : 11:12 p.m.

I really hope "just curious" that you are never in a state where you make a tragic mistake. Your lack of forgiveness and understanding may just return to haunt you. No one would think that what happened to the victim here was any less than a tragedy, but Kyle well points out,that even the best of us can make a mistake in a moment, never realizing what tragic consequences such a mistake can entail. I think only a kind of Buddhist (though I'm not a Buddhist) type of compassion for the suffering of all is the only appropriate reaction here.

justcurious

Mon, Jan 21, 2013 : 10:32 p.m.

I personally don't know if he is a "good man" and frankly it doesn't matter. What does matter is that he took away someone who had great value in society. I don't want to hear about him...Gary and his family are all that matters here.

Kyle Feldscher

Mon, Jan 21, 2013 : 10:02 p.m.

Very much agree, DBH.

DBH

Mon, Jan 21, 2013 : 10:02 p.m.

Let us not forget that impaired driving is not just the province of those who have used alcohol or other drugs. Avoidable distracted driving, probably these days most commonly secondary to the use of cell phones (talking or texting), can increase one's odds of having an accident 4-23X. Just as avoiding alcohol or other drugs if you are, or will be, driving is paramount to the safety of yourself and others, so is the avoidance of cell phone use of any sort. You may think you are the exception. You are not. http://www.sciencedaily.com/releases/2012/05/120510095812.htm http://www.cdc.gov/Motorvehiclesafety/Distracted_Driving/

justcurious

Mon, Jan 21, 2013 : 9:05 p.m.

Thank you Kyle for seeing this difficult case through this last 17 months. Justice should never take this long. I agree that nothing can bring Gary back to his family and all of the people whose lives he touched. But anyone who listens to this proceeding should understand that this is the culmination of the choice to drink and drive. We all must do all we can to encourage those we know not to get in their car and drive after drinking. RIP Gary Lillie. Your life was not in vain. You touched so many people over the years.

Matt Cooper

Tue, Jan 22, 2013 : 7:48 p.m.

JBK, the man has no criminal history. None. So unless you know him personally, I'm wondering how it is that you assume "he obviously knew that he had an issue with drinking...". "Obviously", really? In case you didn't know, not everyone that drives drunk is an alcoholic. Secondly, when you say "He ignored the early warning signs", I wonder if you know him well enough to say which warning signs you think he ignored.

JBK

Tue, Jan 22, 2013 : 3:34 a.m.

Matt - Then he should have been in a 12 step program. he obviously knew that he had an issue with drinking, so why did he NOT seek out someone to help him? He ignored the early warning signs and now he gets to think about it in prison.

Dan r OBryan

Tue, Jan 22, 2013 : 2:14 a.m.

alcohol is not a disease ,its a addiction .cancer is a disease . alcohol is a choice ,addiction is from choices people make .

justcurious

Tue, Jan 22, 2013 : 1:25 a.m.

Next we will say that murderers have a disease which causes them to make bad decisions. Enough excuses for people who choose to get drunk. Calling alcoholics diseased persons has just led to more people drinking and not worrying about the consequences. "It's not me who did that, it's the alcohol talking" type of thinking.

Matt Cooper

Tue, Jan 22, 2013 : 12:03 a.m.

jc, are you even remotely familiar with the dynamics of the disease of alcoholism? Whether or not Mr. Warren is an alcoholic I don't know, but I do know that being a recovering alcoholic myself, once an alcoholic starts drinking, he/she cannot stop, and sometimes bad things happen as a result of that choice to start drinking in the first place. This does not, however, make the alcoholic a bad person. More than anything, it means they are possessed of a disease they cannot control and make poor decisions as a result of that disease coloring and altering their choices. I'm not saying the alcoholic shouldn't be held to account for his actions, but let's not act as if Mr. Warren is a terrible person because the choices he made while under the influence of alcohol had some terrible consequences and outcomes, especially for Mr. Lillie.

justcurious

Mon, Jan 21, 2013 : 10:28 p.m.

Kyle, I'm kind of tired of hearing the "bad decision" explanation for everything. Children have been taught the dangers of drinking and alcohol for decades now in school. It is time to take it seriously. No one is ignorant of the consequences anymore. If you are lousy drunk you can't make decisions period, let alone whether to chance killing someone else or yourself. Bad decisions my foot. Every terrible thing now-a-days is blamed on bad decisions.

Kyle Feldscher

Mon, Jan 21, 2013 : 9:23 p.m.

Thanks for the kind words, justcurious. There's clearly been a lot of interest in this case. It's sad all around - a good man killed a good man by making a few bad decisions. It's really a sad, cautionary tale.

Samuel Burns

Mon, Jan 21, 2013 : 8:15 p.m.

So sad for the families of both men involved. There is never any excuse for driving under the influence.

jondhall

Mon, Jan 21, 2013 : 8:15 p.m.

The truth about this accident is everyone is a loser, there are no winners.

Silly Sally

Tue, Jan 22, 2013 : 1:50 p.m.

The snow drift was un-plowed snow in the center of a cul-de-sac. The pedesterian was walking in the middle of a single lane at the start of the curved part of the cul-de-sac, with her back to us, trusting that she would be seen by all, at night, on a dark road, while wearing dark clothes. Some older drivers attention levels and reaction ability are not the best for reacting suddenly for night-time pedesterians, either.

Silly Sally

Tue, Jan 22, 2013 : 1:42 p.m.

This is a tragedy for all "sides", true. And drivers never should drive drunk, as it prevents them from reacting quickly and preventing accidents, even when they may not be at fault. But this could have happened if the driver had been stone, cold sober. Let me explain. This actually happened to a friend of mine two weeks ago. This friend lives in a sub-division that has no sidewalks or street lights. . People walk in the street. This friend was returning home and wanted to show me how well the SUV handled in snow, so my friend turned into a snowdrift to stop. We were going 20 MPH or so, under the speed limit We skidded for several feet to a stop, and ended up next to a pedestrian. If this friend had been drunk, he or she never would have attempted this demonstration and stayed in the lane, right where the unseen pedestrian was walking and most likely have hit her. By the time she would have been visible, it would have been too late to stop and turning on icy roads is "iffy" at best. If my friend had not wanted to test the stopping in a snow bank, this unseen pedestrian very likely could have been hit. If my friend had been drinking then the outcome would have been the same, except fro my friend. Regardless of the law, I will ALWAYS walk against traffic and if at night, carry a light or wear reflective clothing. Then there are those sill bicyclists with no lights at night…