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 A Nepali Kills 3 in Housotn

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Posted on 07-13-10 11:48 PM     Reply [Subscribe]
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HOUSTON—A 25-year-old Houston man was charged with three counts of intoxication manslaughter late Monday in a crash that killed three teenage girls last week.


Prosecutors say Sajan Timalshina was drunk behind the wheel of a Toyota Camry when he ran a red light and smashed into a Ford Excursion on July 9.


The crash occurred around 1:30 a.m. as Timalshina was headed north on the Highway 59 feeder and the SUV, which was carrying two adults and five teenagers, was headed east on the Sam Houston Tollway feeder.


Two of the teen passengers – 13-year-old Avianca Cortez and 17-year-old Rashaunda Raleigh – were ejected from the SUV and died at the scene.


A third passenger, 13-year-old Detrihanna Davis, died the next day at the hospital. They were not wearing seatbelts, police said.


The other occupants of the car were taken to the hospital in serious condition and have since been released.


According to court documents, Timalshina failed field sobriety tests at the scene. When police asked for a voluntary blood sample, Timalshina refused, but officers were able to get an involuntary sample because the accident was fatal.


That sample was taken at Ben Taub about three and a half hours after the crash and registered a blood-alcohol level of 0.075, police said.


After performing a retrograde analysis of the sample, officers determined Timalshina’s blood-alcohol level at the time of the accident was between 0.127 and 0.162.


In Texas, a person whose blood-alcohol level is 0.08 or higher is legally intoxicated.


According to court documents, Timalshina gave a voluntary statement to officers after the crash, saying that he was driving his brother’s Camry, had worked a 16-hour day and was confused about where he was going because he was tired.


Timalshina told officers he’d seen a green light farther up the road and mistakenly thought it was the nearest signal when he ran the red light and hit the SUV.


In a second statement, Timalshina told police he’d had a 12 oz. Corona at his brother’s work just before 1 a.m., but he’d only consumed a fourth of the beer.


Police said a big-rig driver, who waiting at the red light at the time of the crash, saw the whole thing.


"When the light turned green, he noticed that the Toyota Camry traveling north was traveling at a high rate of speed and he felt that he wasn’t gonna stop so he stayed where he was at," said HPD Sgt. I. Izaguirre. "But the Ford Excursion didn’t see that car..."


One of the surviving girls, 14-year-old Necie Davis, described herself going in and out of consciousness after the crash.


"I felt the car hit the other car and then after that I just blanked out and when I kind of looked around and Avianca Cortez was laying on top of me and I was trying to see if she was still here," said Davis. "I was trying to get her up, but I couldn’t really move."


Davis, who was released from the hospital late Friday, said she and her friends were on their way home from a party when they were hit.


"We always went places with each other," said Davis. "I wish I could see them one last time at least. I didn’t get to tell them I love them or anything."


Timalshina's bond was set at $150,000


 
Posted on 07-14-10 10:06 AM     [Snapshot: 1233]     Reply [Subscribe]
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Three things that weren't right:

1. One man driving drunk.
2. At least three young passengers in the Ford Excursion with no seat belts fastened.
3. Cops that detained the drunk driver who got involved in a fatal car crash not bothering to mitigate flight risk.

 
Posted on 07-14-10 10:29 AM     [Snapshot: 1329]     Reply [Subscribe]
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One wrong decision and your life changes. So be careful, try to get some information about Law in U.S, never a bad idea to get informed.

It's very sad to hear death of 3 people. I am also sorry for the Nepali Guy who had this accident. Maybe he hadn't thought of this in his weirdest dream but it's life, nobody can predict how it's going to come to you.

 Here in U.S. we should be very careful for each and every action and specially if you are in F-1 status, please don't mess with the law. Take responsibility for your each and every action. Drunk Driving a total NO NO, not even dare to try it.. From this incident everybody should understand how alcohol can alter your decision making capability.

60 Years in prison, imagine how that guy would be feeling thinking about it. His life is over, all the struggle he did for living an American Dream in a zero second has turned into HOPELESS moment. Still hoping everything would be all right.. I just cant imagine the condition of his family back home.


Last edited: 14-Jul-10 11:15 AM

 
Posted on 07-14-10 10:56 AM     [Snapshot: 1452]     Reply [Subscribe]
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I think we may not able to learn from others' mistake, People do mistake, you may have done but different, I drank and drove. Next day  we discussed since then I am not boozing and snoozing behind the wheel.

But some DK*head are acting like a WiseA**. It happen and we just sharing it.  Your freaking brain has some problem too and keep it with you, no need to share another sh*t.

Sorry to hear the mess. 
Last edited: 14-Jul-10 12:05 PM

 
Posted on 07-14-10 11:13 AM     [Snapshot: 1519]     Reply [Subscribe]
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really sad to hear this story.  never ever drunk drive. most ppl think that they can drive even after drinking. now see the result. his small mistake has ruin his life, his family's life and also the family of these teenagers. Another thing, buckle up ur seat belts. Those kids might not have died if they were using seat belts. the incident is really sad. so guys pls be careful. we dont want to hear these kinds of accidents. pls b careful, never drunk drive, use seat belts and  never cross any laws whether its small or big.

 
Posted on 07-14-10 12:27 PM     [Snapshot: 1858]     Reply [Subscribe]
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may he learn this expensive lesson then..
 
Posted on 07-14-10 12:56 PM     [Snapshot: 2028]     Reply [Subscribe]
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Read the comments on Chron.com how this debate has shifted to immigration issue and a posting of his facebook account and others calling him as illegals.
 
Posted on 07-14-10 5:11 PM     [Snapshot: 2580]     Reply [Subscribe]
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Last edited: 15-Jul-10 05:15 PM

 
Posted on 07-14-10 5:51 PM     [Snapshot: 2652]     Reply [Subscribe]
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I think American laws are barbaric and cruel.. they send people to jail for any crime, and the jail sentence are so lengthy here. It doesn't even help their society. America has five time world's average number of prisoners and they spend more money in prison than in universities in states like california. I have read somewhere that one in three black adult is likely to end up in jail.

Coming back to this case.. if the guy drank and drove, he should be in jail. But it seems the other vehicle was also driving with the kids without  their belt fastened. So, he is hardly guilty of commiting murder (and deserving sixty years in jail). Also, Going by the reactions in Chron.com,  I don't like the way Texan rednecks try to involve all foreigners in this petty crime. (To their credit, some posters tried to point out that the individual is only guilty of drink driving and running redlight, not killing kids!) It shows how backward the area is (especially when one sees overwhelming majority of the posters spewing such hatred against foreigners). To them, all foreigners are illegals! I bet half of them (or their parents) were born abroad and the rest have their ancestors from abroad. (naya jogile badhi kharani ghaschha bhane jasto) One of them even had the guts to claim that foreigners come to the states, kill and go back (as if we were talking about Vietnam of 1970s).

I think the fundamental philosophy of maintaining a jail system is different here than in Nepal or several other civilized countries. In Nepal, sure we don't have law anymore, but fundamentally, our legal system tries to reform a man so that when he is out of jail, he can be useful to the society. I don't know how we are fairing, and whether recidivism is a big problem back home. But here, people feel jails are to lock people away. People here seem to think that criminals are inherently incapable of reforming over life time. Recidivism is therefore a big problem here. There is also no evidence that all their death penalty and lengthy sentences have made their society any better. 

I am willing to learn a lot from the states. I like their universities, their highways, even their girls. But their penal system is something I hope we will never emulate. I don't like the fact that they randomly sample a bunch of natives to sit in a jury and deliver a justice.I don't like the fact that their supreme court justices are selected by president (i.e. politically appointed) and they serve the court for the life time. These justices serve as long as their limb moves, and wait for the president who is similar in their political view. These justices are so biased that everybody pretty  much know which side they vote for. This is, at best, a travesty of justice.

Finally, I don't understand the law, but I wonder if someone has paid bond, is it illegal for him to forfeit the bond and run away? I thought the idea of having set a bond is that it is so high that an individual will always find it profitable to come back and claim it, rather than choosing the other way. But I don't know much about it.

Last edited: 14-Jul-10 05:56 PM
Last edited: 14-Jul-10 06:00 PM

 
Posted on 07-14-10 6:31 PM     [Snapshot: 2798]     Reply [Subscribe]
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There is an update on this case:

He was a foreign student (F1-Visa) (and part-owner of a convenience store?).

Another story in chron today: wife's stabbing claimed as self-defense:
Husband is not charged yet and perhaps won't get charged; but this might not be what really happened there. Another two stories from Houston this week; a black father beat his kid to death, bond set at $50K; another homicide case by a black person, bond set at $1 million; don't understand the basis for these bonds.

American justice system has many flaws but is still far better and transparent than any South-Asian country. If you are rich, you have more chances of getting away from situations like this by hiring better lawyers in USA (only to an extent) and by bribing a justice in Nepal. Here, a lawyer needs to paid handsomely; back home, it is a justice (that's the difference). There was a case of one houstonian millionaire involved in intoxicated manslaughter in Florida; he's still out and the case is still going on. Another case of Van der Sloot; he not only got away of the murder but also fooled the authorities to cash away with $25K. I watched 'Runaway Jury' few weeks ago; I think it is one of a must watch movies.

 
Posted on 07-14-10 6:37 PM     [Snapshot: 2884]     Reply [Subscribe]
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If this is the right link
http://www.chron.com/disp/discuss.mpl/metropolitan/7108542.html?p=1

I absolutely do not find anything wrong being said against us Nepali. Keep in mind, Texas has a huge immigration issues with Mexico and the porous border is filling up with Mexican, so there will always be some Cowboys with issues. There is no racism, no label of terrorist on the 2 page postings. People have voiced their opinion, what is wrong with that?
Wow, some people are so sensitive and in secured.
Mr Sajan should be caught and brought to justice. Period. My prayers are with the family of the deceased.


 
Posted on 07-14-10 6:56 PM     [Snapshot: 2934]     Reply [Subscribe]
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Last edited: 14-Jul-10 10:14 PM

 
Posted on 07-14-10 10:07 PM     [Snapshot: 3527]     Reply [Subscribe]
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it's as clear as black and white: Drives drunk, runs a red light, hits and kills the passengers in the other car and then flees. this guy should be held in jail without any bond period. 
 
Posted on 07-15-10 8:03 AM     [Snapshot: 4334]     Reply [Subscribe]
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Pire: Looks like last night you had one too many to drink and had the audacity to compare Nepali system with the US. Like there is a system in Nepal... Yeah.. it's the kids' fault that they did not wear the seatbelt and hence they deserved to die... I am disgusted.
 
Posted on 07-15-10 10:16 AM     [Snapshot: 4505]     Reply [Subscribe]
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One more lesson to learn:


Never take your kids to midnight parties...


 
Posted on 07-15-10 10:25 AM     [Snapshot: 4515]     Reply [Subscribe]
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pire


Nepal has no strict law against DWI. As such it seems a little too harsh that one day you are driving a car and next day you are locked up in the cell for life.


But think about it this way. A moving vehicle, with speed of over 60 mph, is like a controlled bullet. If you aren’t careful with it you can take lives. As such strict licensing laws are in place. You aren’t suppose to operate this dangerous machine if you aren’t fit to do so. Driving while intoxicated is like shooting guns in a shooting range blind folded and dizzy; every now and then you can kill somebody.


If laws weren’t as strict you would see more such cases. Imagine you driving in the road, following the law, and a big SUV comes hurling-swerving and BAM!! Hits you and you paralyzed for the rest of your life without you fault. This could have been avoided, if the driver had not driven while drunk.


The fact is US law is NOT strict for DWI, it is just. Nepal should have similar law and a mere jarimana shouldn’t be enough. They should be prisoned and given stricter sentence like here in US.


Imagine you were the brother of those little girls who were killed for no fault of their own (give me a break, do you really wear a seatbelt everytime you are in the back seat? That’s not even a law).


You should be jailed just for saying those words.


 


 
Posted on 07-15-10 10:26 AM     [Snapshot: 4500]     Reply [Subscribe]
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pire, u should be insane to call this crime a petty crime. are u serious?? are u damn serious?? no wonder nepal will remain as it is. so what if the girls had not put on their seat belt..that don't give rights for the suspect to drink drive run the red light. i can understand u feel pity for the fellow nepalese, but still the victim's family should get justice.


newlynew: we two gotta talk to pire abt this issue, one on one. what more hurts is, this guy (pire) supposedly is well educated person and pursuing his career in united states.


 


 
Posted on 07-15-10 10:59 AM     [Snapshot: 4611]     Reply [Subscribe]
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It is difficult to talk to nepalese about anything impassionately.

For example, someone is telling me to "imagine " I am a brother of the girls (When do you guys learn that justice is not served by imagining you are the brother of the victims). Another is saying that I should be jailed for saying these words (and this is how justice is delivered in your view?). Another is saying the victim's family should get justice. Where did I deny the victim's family should get the justice?

I am sure the police were not blind to let the guy go unless there were some mitigating reasons. How many of us know what truly happened there anyway? At one moment you guys think American law is great, and at another moment, you think the police and the DA let the guy go away by mistake. 

I haven't defended the drink driving and running the redlight, but if his crime were so obvious, then I don't understand how American police let him go. I don't see it fit to base all my arguments based on a journalist's report.

I then made a comment about American legal system and number of prisoners in American jail. These comments are fairly standard, and I actually read them in a paper by a very famous social scientist, and you can always access them in internet. Just google about it. Just read the debate in California about the money they spend in American jails vis a vis universities. Just think for a moment about how openly biased the supreme courts here are (I mean Hillary Clinton was said to be the candidate to be supreme court justice). Anyone can make these criticisms of American penal system. If I am to be jailed for it, then it is clear that you guys have no idea what the justice is. Are you living in cowboyland for too long?

 
Posted on 07-15-10 11:06 AM     [Snapshot: 4641]     Reply [Subscribe]
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we all have to talk some sense into pire just cause he voiced his opinion, we need to convert this non believer, pire you are about to get a ONE ON ONE, or wait maybe TWO on ONE pep talk from geek and newlynew. Pire nepali law is much more relaxed and lets offenders get away with stuff,  that should be type of law US should have where if you hit and injure a person you are well off backing up on the person and killing his/her miserable life and getting fined for it rather than having to cater this injured person for the rest of your life. You are absolutely right pire i shall have my senator send this bill to the senate.
Last edited: 15-Jul-10 11:06 AM

 
Posted on 07-15-10 11:30 AM     [Snapshot: 4696]     Reply [Subscribe]
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ImSarcastic,
You are right that Nepali law is bad in that it "used to" allow a man get away with an accident. I believe it has been changed. But did I defend it in my posting?

If you still don't get it, here is what I praised about Nepal's legal system:its underlying philosophy that a man can be reformed in penitentiary. Tell me what is the goal of having jail? In Nepal, the philosophy is that we should send a criminal to jail so that when he comes out he is a reformed man. That's why we give shorter jail sentence. (The Max penalty is 20 years). Does it work? I don't know. I asked this question in my first post too.

In America, I read about and argued with a juror who sentenced a Nepali to 360 years in jail. She was in Sajha.com. Her philosophy was that everybody who has once committed a crime is a threat to society and should be locked away for life. I asked her in that case why don't we shoot pretty much everybody rather than locking them away for centuries? I think the society here gradually believes that criminals can't be reformed, no matter what. This was the underlying philosophy behind the penal system here that I was talking about and disagree with.

==========

In a related post, I was reading comments of people in chron.com and what I found was that people were relating this accident to bigger things. Someone was even accusing this guy of being a moslem in training to kill people here. (And another poster proposed that sisters/mother of Sajan Timilsina be kept in whorehouse. Those asking for hanging him were numerous.)This "twilight zone" type behavior reminded me of a radio talk show hosted by a local women when I was in the university in a local radio. She was pretty much saying that she didn't trust any foreign student, and that anyone is possible terrorist and needs to be checked strictly. I called to tell her that she had no idea but universities in the US are major "exporters" in the states, bringing in foreign money and benefitting local society.I hope America goes to referendum soon about whether they want to stop immigration rightaway. In a country where most of the research labs, top universities, almost all graduate programs and top multinational companies rely on foreign talents, if antiimmigrant feeling is rising, then their leaders must find a way to address this issue in direct manner.
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Last edited: 15-Jul-10 11:33 AM
Last edited: 15-Jul-10 12:39 PM

 
Posted on 07-15-10 11:49 AM     [Snapshot: 4749]     Reply [Subscribe]
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Pire: Regarding US justice system, every fool out there knows that the system is not perfect, actually far from it. But everything is relative. You gotta be pretty damn fool or might I speculate pretty freaking high on weeds to be comparing state of Nepali and US justice systems and making a mockery of the latter, again relatively speaking.
 



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