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- LAW, Page 54He Had Been Punished Enough
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- In the first seat-belt trial, a grieving dad is acquitted
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- As he steered his car through a suburban intersection last
- August, Ramiro de Jesus Rodriguez collided with a parent's
- worst nightmare: when his car hit an oncoming van, his daughter,
- three-year-old Veronica, pitched from her mother's arms into the
- windshield, suffering fatal head injuries. Last week the
- grieving father came before a Miami court, charged with
- vehicular homicide for failing to strap his child into a safety
- seat. The case against Rodriguez was so wrenching and his tale
- so sad that many potential jurors expressed outrage that he was
- even being put on trial.
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- Judge Sidney Shapiro apparently agreed with them. Late
- last week, after the prosecution rested its case and before the
- defense team began summoning witnesses, Shapiro called a halt
- to the proceedings. "There is insufficient evidence that Mr.
- Rodriguez acted in a reckless manner," he said. Not guilty.
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- Each year 600 children die in auto accidents because they
- were not properly strapped into their safety seats or did not
- wear seat belts, as laws in all 50 states require. Although
- similar cases had been filed in four other states, each time the
- charges were dropped. Florida prosecutors had hoped to make an
- object lesson of Rodriguez's loss. But in his terse dismissal,
- Judge Shapiro declared, "Whether two infractions equate to a
- crime, this court does not believe they do."
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- On the fatal morning, Veronica had awakened feverish and
- vomiting. So as the family drove home after a trip to the
- grocery store, her mother cradled the fretful toddler in her
- lap, hoping to soothe her. Rodriguez, 30, was traveling only 10
- m.p.h. when he hit the van. Usually, cases of heedless driving
- and failure to strap in a child are treated as traffic
- violations.
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- Rodriguez's supporters believed he was being cruelly
- persecuted because he is a Nicaraguan refugee who speaks no
- English. They noted that none of 82 similar incidents in Florida
- during the past four years have been prosecuted, including a
- March accident involving a white youngster in Broward County who
- remains in a coma. Others contended that prosecuting Rodriguez
- was the best way to prevent tragedies in the future. Florida
- officials had hoped that by making people feel Rodriguez's pain
- and imagine what it would be like to lose a small child, parents
- would be more prudent. Perhaps in that they succeeded.
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- By Jill Smolowe. Reported by Careth Ellingson/Miami
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