: Do you know what your teenager's up to?


ForestCam
11-12-2003, 06:28 PM
These folks didn't and it's gonna cost then $715,000!:eek:

From the Detroit Free Press (http://www.freep.com/news/mich/nfire12_20031112.htm)
Parents of teen who set school ablaze billed; $715,000 tab stirs liability questions
BY MARYANNE GEORGE
FREE PRESS ANN ARBOR BUREAU

November 12, 2003



A Livingston County judge's ruling that parents of a teen who set fire to Howell High School last year must pay $715,000 in restitution is raising questions about the limits of parental liability in criminal cases.

On Monday, Livingston County Family Court Judge Susan Reck ordered James and Maria McEvoy of Howell to reimburse the school district's insurance carrier for damages their son, Sean, caused when he set the school ablaze.

But Reck delayed enforcement of the ruling until Feb. 12 to allow the family time to collect through their home owners policy with State Farm Insurance Companies, said Ed Davison, a Flint attorney representing the couple.

However, Davison said, conflicting state laws raise questions about how much the McEvoys must pay. State law limits parental responsibility to $2,500 for damages or injury caused by a child. But an amendment to the state's juvenile code gives the court discretion about how much liability parents incur for damages caused by a child.

The couple also are being held liable for the damages caused by their son without a chance to prove whether they were negligent, Davison said.

Sean, who was a 15-year-old freshman at the school, was receiving counseling and taking the antidepressant Paxil when he set the fire April 10, 2002. He pleaded guilty to adult charges including arson, burglary and malicious destruction of property.

But he was sentenced as a juvenile and placed in a residential treatment facility in Ann Arbor under the supervision of the state Family Independence Agency, according to Ron Plunkett, Sean McEvoy's attorney.

"They were very conscientious parents," Davison said. "Sean's psychiatrist said there was no way his parents or he could have foreseen what would happen. But the judge ruled they were liable for whatever Sean couldn't pay."

The McEvoys could not be reached for comment Tuesday.

Davison said they are a "typical two-income middle class family." Paying the full $715,000 would bankrupt the couple.

Chris Matthysse, an attorney representing SET-SEG Inc., a Lansing-based organization providing insurance to state school districts, including Howell, said he was willing to negotiate the amount of reimbursement.

In her order Monday, Reck prevented the company from garnishing the couple's wages and other collection procedures until Feb. 12.

Bill Heemer, a claims section manager for State Farm in Livonia, said in a case involving restitution, many factors must be weighed.



I agree that more parents have to be held accountable for what their kids do but holy shit man there is a limit.:rolleyes:

fj40john
11-12-2003, 06:33 PM
throw the kid in jail...real jail, not that cushy place they sent him. its not the parents fault. :rolleyes:

moveaside
11-12-2003, 06:36 PM
Originally posted by fj40john
throw the kid in jail...real jail, not that cushy place they sent him. its not the parents fault. :rolleyes: ditto

ForestCam
11-12-2003, 06:41 PM
My wife and I were talking about this over dinner and came to the conclusion that if one of our kids did something like this it would pretty much ruin us for life. And other then locking a kid in his room untill he's 18 what the hell can you do when they're out of your sight other then pray you raised 'em right and that they'll always do the right thing BUT we were all teens once and know how that really works no matter how our parents raised us.

I'll be willing to bet the conversation in the judges chambers went something like this.

Judge : "Well we know the kid's got no money and with a felony on his record he never will. What about the parents? They have money?"
D.A. : "No nothing to really speak of, just a couple of working stiffs with a couple thou in the bank and a 30 year mortgage."
Judge : "Mortgage 'eh? Hmmmm...wonder what the limit is on their homeowners liability policy is?"

LordRatner
11-12-2003, 06:43 PM
Originally posted by ForestCam
My wife and I were talking about this over dinner and came to the conclusion that if one of our kids did something like this it would pretty much ruin us for life. And other then locking a kid in his room untill he's 18 what the hell can you do when they're out of your sight other then pray you raised 'em right and that they'll always do the right thing BUT we were all teens once and know how that really works no matter how our parents raised us.

I'll be willing to bet the conversation in the judges chambers went something like this.

Judge : "Well we know the kid's got no money and with a felony on his record he never will. What about the parents? They have money?"
D.A. : "No nothing to really speak of, just a couple of working stiffs with a couple thou in the bank and a 30 year mortgage."
Judge : "Mortgage 'eh? Hmmmm...wonder what the limit is on their homeowners liability policy is?" or how about this:

Gee, we cant just say "oh shit, well, sucks that a kid did it, there is nothing we can do."

how much you want to bet these parents will do whatever they can (or can't) to keep their kid out of jail?

DozerDan
11-12-2003, 07:33 PM
I think that is a bit extreme, but sometimes you got to be extreme. If the parents arent willing to be responsible enough in the raising of their children (from birth on up) then they should have to be held acountable. Yes i think 3/4 of a mill is a bit steep for the first example but our society is going down the shitter faster than the septic system can handle it.

Examples need to be made so that parents realize its not a game and they need to actually raise the kids and teach them that you cant go steal a car or light your school on fire or kill someone.

EXAMPLES are key. (imo) Then again i firmly believe we should have life broadcasts of exucutions of our social fuck ups (child molsters rapists ect) See how many people continue to do things when they see those consequences, as apposed to getting to sit in jail....

but hey thats just me, whose never commited any crimes or done anything outside of the realm of mischivous, thus far in my life.

Malltero
11-12-2003, 07:40 PM
^
Says the notebook breaker, beer spiller.:flipoff2:

DozerDan
11-12-2003, 08:12 PM
Originally posted by Malltero
^
Says the notebook breaker, beer spiller.:flipoff2:

Yeh yeh yeh... that kid admitted it wasnt me when the cops questioned him, and i heard from some other people that he admitted to them he spilt it himself... fucker