Deseret News | Mother of '03 DUI victim fights parole

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Mother of '03 DUI victim fights parole

Outsider looking in | 1:02 a.m. Oct. 2, 2007

What a terrible accident and a tragedy to lose a child in that manner. Certainly, Mr. Jacques (the admittedly guilty drunk driver) should spend more time behind bars so that justice is more adequately served. From the bitterness of the statements from the Smith family, however, perhaps they should try to forgive Mr. Jacques just as Christopher Williams and Gary Ceran forgave the drunk drivers that killed their (Ceran and Williams) wives and children. Forgiveness does not mean that justice will not or should not be served: but it does bring peace and healing to a grieving family.

Carole Knowles | 5:55 a.m. Oct. 2, 2007

To Outsider looking in: when you've experienced the loss of a child due to a drunk driver and the daily reminders and challenges that Mrs. Smith is courageously facing, you can begin to talk about forgiveness. Forgiveness is a personal journey. When forgiveness is finally attained, it does not remove the punishment justly deserved.
Mrs. Smith and her beautiful family has my admiration and my prayers. She is working to make sure that if your child gets killed by a drunk driver, the criminal will not get away with a slap on the wrist, only to do it again.

JustMaybe | 6:11 a.m. Oct. 2, 2007

What is the point of the incarceration, really? I don't know Mr. Jacques at all. But what if he has totally changed his life around in prison? It has been 3 years--that can be a pretty long time for someone that maybe had never had any other problems or brushes with the law ever (I don't know if he did or not). Yes, killing that child was awful. Yes, the family will mourn for life. But that doesn't mean we need to have him locked up for life. This wasn't pre-meditated murder. It was a very selfish, stupid decision to drive drunk. I think the question should be: What is the likelihood that he will ever drink again? If it's high, then keep him locked up. If it's low, let him return and be a productive member of society. Wouldn't that serve society better to have him return and be productive, rather than take up a prison bed? There are worse criminals out there that should be locked up, ones who premeditate awful crimes. Remember, the two who escaped from jail were extremely violent individuals who, in part, escaped from a lower-security jail because of prison overcrowding.

Comments continue below

Melanie | 7:28 a.m. Oct. 2, 2007

I vividly remember this event. So well, in fact, that I can't believe this mother is already having to worry about parole for this guy. Heartbreak.

Forrest | 7:30 a.m. Oct. 2, 2007

Forgiving helps the hurt family the most. That's all I have to say about that.

Justice | 7:49 a.m. Oct. 2, 2007

What's the point of incarceration? Just because this may have been an isolated or "selfish" incident do we not believe in suffering the consequences of our actions? Does the driver not qualify as a murderer just because he acted selfishly? All murderous acts are selfish. Does that excuse the murderers from serving their time to society for taking the lives of others? This "selfish" act snuffed out the life of a young boy. If we take seriously the notion of protecting the general public against drunk drivers this murderer will stay in jail for most of his life. What's wrong with Utah? Why can't we send a clear message that drunk drivers will be punished severly? Or are we too concerned with over-crowded prisons? The answer is to build more prisons, not release the murderer.

Preventable accidents | 7:58 a.m. Oct. 2, 2007

Drunk driving is 100% preventable. It just hast to hurt enough.Potential perpetrators have to willingly decide against it before they take a drink. At this moment that is not the case. What will it take? First offence 30 days in jail, suspend license for 12 months and $10,000 fine. Im ok with that. If it hurts enough, this will not be as big a problem.

L | 8:23 a.m. Oct. 2, 2007

To Justmaybe: It may be true that this man has changed and turned his life around. However, you need to understand that his incarceration in not to rehabilitate him. It is a consequence of his actions. He may be a saint now, but he still must deal with the consequences of his choices on that night. This points one of the overwhelming problems of our society today. We try to make everyone feel good and help them escape the teacing consequences of their actions.

Anonymous | 8:24 a.m. Oct. 2, 2007

I can't believe that the jail time for a "third-degree felony charge of driving under the influence/causing serious bodily injury" is only zero to five years in prison. No wonder people keep doing this. If the only consequence for driving drunk is the possibility of prison time even if he causes "serious bodily injury" that will affect the victims for the rest of their lives, like it has for these two children, people like Jacques are never going to stop. And being forgiven does not mean that one doesn't have to face the consequences of their actions. I hope that the Smith family can forgive this man, simply so that they can heal. That doesn't mean that I want to see him step foot out of prison for quite a long time, whether he's reformed or not. And forgiving someone is a personal decision. Whether the Smith's decide to forgive him or not, it's not the business of any of us here on this comment board. Liza, Autumn, Desi, and Mr. Smith--I pray that you will find solace and peace.

Bill | 8:39 a.m. Oct. 2, 2007

Imagine that the perp in this case has turned his life around in prison and he is released. Then he goes around to high schools to give presentations about the effects of drunk driving. He tells them how he ruined the lives of an entire family, killing one young child and maiming, crippling, and permanently disfiguring two others.

Then he talks about the sentence he has served. Which would be more convincing: "I then gave up three years of my life while incarcerated," or, "I then gave up fifteen years of my life while incarcerated." Which sends a stronger message to the high school students listening to him?

DClark | 9:07 a.m. Oct. 2, 2007

Question:
What is more dangerous, a drunk with a gun? or a drunk with a car?
If he had a gun, you know what would happen. Bad, bad.
He has a car? Its okay. Slap on wrist.

What is wrong!?

More people die of those idiots driving drunk that people do of guns! WAKE UP! Driving drunk is murderous!

wondering | 9:42 a.m. Oct. 2, 2007

What about the people that furnished or sold him the drug? Is there no responsibility on their part? Or the society that allows it?

AB | 9:44 a.m. Oct. 2, 2007

I remember very well the incident. It was horrible for the family and the brothers and sisters, one of whom I knew very well. The father was totally hearbroken and this drunk driver, who had many other problems as well, has a responsiblity to society to fill out his total sentence without probation. The previous point about forgiveness is very relevant for this family. It doesn't change what happened but it makes life more bearable.

c | 9:58 a.m. Oct. 2, 2007

Although it is good to hear that Mr. Jacques has turned his life around, in prison, I believe he is right where he needs to be for now. Sure, it was an accident and nobody really has intentions of killing anyone when they drink and drive. But he DID drink and chose to drive; unfortunately he ruined/affected a bunch of other people's lives in the process. I feel for him and hope that he can eventually become part of society again; but not yet. He needs to stay where he is and fulfill his sentence. Punishment is there for a reason and we shouldn't lessen the punishment just because someone is improving himself. If you grounded your child for a week but the child was behaving wonderfully after 3 days, what message would you be sending if you said "Ok, since you're being good, you're not grounded any more." No way. Tell them, "I'm so proud of you for behaving and you are doing a great job, but sorry, you are still grounded for 4 more days." There are valuable lessons to be learned in punishment and we shouldn't take that away by lessening people's sentences.

Matt | 9:58 a.m. Oct. 2, 2007

At what point as a society do we say enough is enough? Should this man's sentence be death or life in prison? That's the logical conclusion of many of the comments posted here. Frankly, that's a frightening thought in light of the constitution's 8th amendment. The United States already leads the world in incarcerated persons, and the number in Utah has increased more than 40% over the last five years. Leaving this guy in prison forever won't bring Buddha back. At some point the Smith family needs to forgive and let go. And, if society insists on locking drunk drivers up forever, it can't complain when murderers are kept in medium security jails because there's no room at the prison.
As someone who has experienced a tragedy similar to the Smith's, I can only say"Outsider looking in" is right...to heal, you gotta forgive.

George Sutton | 10:15 a.m. Oct. 2, 2007

Who was the judge who sentenced Jacques? Surely he or she could have done better for the family and for society. Perhaps the prosecuters are to blame for bringing the wrong charge or for not seeking a stiffer penalty.

Well Matt | 10:19 a.m. Oct. 2, 2007

He is not just a drunk driver. He accepted the responsibility and the consequenses of his actions when he decided to drive.
Sure some drivers make it home safely, sure some get off with a fine, but sometimes they commit manslaughter.
By driving drunk he accepted that as well as the consequences if he got caught, he took the chance he should pay the price.
Its no different than a death resulting in a bar fight or a murderer saying I didn't mean to kill.
They accepted all possible consequences when they began the act.

Anonymous | 10:20 a.m. Oct. 2, 2007

To Just Maybe: You said "This wasn't pre-meditated murder." -- He may not have intended to murder someone but it WAS premeditation that he went to have a "drink or two" and then got in his car to drive. He planned to drive after drinking. That is PREMEDITAION. What ever happens after that is something that he needs to take responsibility for.

And what is with all of you who are saying that the family needs to "forgive and let go" -- this family lost a loved one from a STUPID act that should not have happened. They have a RIGHT to still be angry. All they are asking for is that this man remain in prison for a while longer. He needs to pay a debt to this family, first by serving time and then after he's released he should help cover expenses on medical bills, Expenses that HE caused!

Damages | 10:21 a.m. Oct. 2, 2007

I kinda hope he gets out so that some ambulance chasing lawyer can slap a $25 MILLION dollar suit in him, and he can spend the rest of his life working for the benifiet of the family. (and the laywer)and yet we think all lawyers and law suits are bad.

Carlos | 10:27 a.m. Oct. 2, 2007

The parole board would be doing me a personal favor to keep this guy behind bars. I travel in Utah from time to time and don't need his vehicle aimed at my family. Perhaps the next guy will think hard before he gets behind the wheel. Alas, it will never be so until the states get tough on these drivers who drive drunk. I say execute them. It is no accident that they were on the road and it is their fault. Most folks would not drink and drive BECAUSE of the risk to others. There are others who take the risk because they know nothing much will happen to them.
It will keep one more drunk driver off the road if they keep him in. He can do no harm in the prison bakery.

Kia | 10:43 a.m. Oct. 2, 2007

To JustMaybe: I have another idea to prevent him from taking up a bed in prison, and also prevent him from EVER ruining another life: Put him to death, just as he put the child to death. I don't happen to care that he "didn't mean it". So what? that doesn't matter a whole lot to Bubba, now does it? He's just as dead as if this human waste of space and resources had put a loaded gun to his head and pulled the trigger. As the victim of a drunk driver myself, having watched my fiancee die at the side of the road, my opinion is that if the police had been allowed to shoot this guy at the scene, it would have saved us all a lot of time, money, and heartache. May he ROT in prison.

Stewbad | 12:06 p.m. Oct. 2, 2007

As a lawyer in the trenches of the legal process I am convinced that only forgiveness will keep society together, but only the death penalty will protect society.

Sue | 1:31 p.m. Oct. 2, 2007

How do we know he's truly rehabilitated? In prison he doesn't have easy access to alcohol and he doesn't have the stresses paying rent or wondering where his next meal is coming from. We have no idea how he will cope in the real world and may very well turn to alcohol to drown his troubles if the situation is right. Utah needs to toughen its laws. Mark Hacking got 6 years to life for killing his wife. Scott peterson got the death penalty for doing the same thing in California.

Sue | 1:58 p.m. Oct. 2, 2007

My case in point. If you read today's online edition of Provo's paper the Daily Herald, there is a story about a man arrested for DUI who killed a woman while drunk in 2000. Tragic, tragic, tragic, he only served 4 1/2 years.

silken69 | 2:07 p.m. Oct. 2, 2007

Dear Parole Board:

I don't believe that the drunk driver who hit and killed "Little Buddah" deserves to even have a parole hearing. How can a drink driver who has killed a child get only a few years. The driver needs to serve more time before he is even considered for parole hearing. As a voter I am tired of seeing criminals who hurt or injure people getting a light sentence. Utah needs to make the penalties for drunk drivers stiffer. The drunk driving laws sentencing laws need to be stiffer.

Blaming others... | 2:27 p.m. Oct. 2, 2007

To Wondering: those who sell alcohol can only be responsible for the drunk's actions if he meets certain criteria for being drunk and they continue serving alcohol to him. The article did not mention his BAC - he could have only had one beer, but that is enough to diminish his ability to safely handle a car. Generally speaking , I'm against blaming the merchant for the poor choices of others (such as blaming the gun salesman who sold the gun that ended up being used in a school shooting). Hindsight is 20/20, so what may seem like obvious neglect looking back may not have been neglect at all. Let's keep the blame where it belongs: on the man who willingly admitted that he thought he was "fine" when he chose to drive drunk and killed one child while seriously injuring two others. I agree with some of the early comments: keep him in jail! The stricter the penalty, the more it will deter potential offenders.

Michelle | 2:45 p.m. Oct. 2, 2007

We well remember this horrible tragedy. My children went to school with these children. My son remembers Desi missing a lot of school and then having to deal with his injuries after his return. If this tragedy has brought around any good, it is that my children have seen the effects of driving under the influence. They have noticed the loss of Little Buddha, the physical and emotional effects to Desi and his sister, but they also have seen the consequences of the man's actions who was drinking and driving. If nothing else, it may make them think about it next time they are faced with the same decision. Keep him in jail, not only because he is dangerous and a murderer who even after the accident still claimed he was sober enough to drive, but also as an example to kids who might be considering doing the same thing.

kae | 2:58 p.m. Oct. 2, 2007

forgiviness is a process that takes time. grieving has several stages and anger is one of the stages. those who say they instantly and completely forgive a horrendous thing like killing a loved one are deluding themsselves. the pain and anger will manifest itself somehow and it is far better to acknowledge it and deal with it constructively than to deal with unresolved grief issues down the road. forgiveness is required, but i'm not aware of any timetable and we have no business telling others how soon this must be accomplished. of course the sooner the better just remember it is a process that cannot be rushed.

tsm | 3:07 p.m. Oct. 2, 2007

Incarceration should have a two-fold purpose...both to rehabilitate and to punish. But there's no magic formula for the timeline.

Incarceration without rehabilitation contributes to recidivism. Typically when someone is paroled they have post-prison supervision...so a person walks out the prison doors and still has to answer to someone.

My guess is Jacques has to live with the consequences of his actions on a daily basis and will for the rest of his life...whether behind bars or in society.

There's no logic to drinking and driving. After people drink too much, they have the inability to make responsible choices. Stiffer penalties won't necessarily deter other potential offenders. Everyone thinks, "I'm fine...I can drive." Many people who drink and drive have done it a lot and "gotten away with it." Look at MADD statistics about how many drunk drivers are on the road at any given time.

As far as Jacques talking to high school students down the road and the insinuated impact he could have based on spending more time incarcerated. That's bunk, most teenagers think they're invincable and it won't happen to them.

Let the parole board look at the case and do their job.

Megan | 6:45 p.m. Oct. 2, 2007

He has to live with what he's done for the rest of his life. That has to be worse than prison.

No Mercy | 8:40 p.m. Oct. 2, 2007

That jailbird is responsible for its horrible actions. It's great how the media has to make it a sob story (mentioning it works hard and makes 40 cents an hour) to push for inmate sympathy. Boo-Hoo!!! Forgiveness is a beautiful thing, and the family should forgive the animal that did this to their son. Society however should make it pay with its life (by taking it-the cheapest alternative sans litigation) and send a loud message to other irresponsible losers. No Mercy!!!

More time | 10:08 p.m. Oct. 2, 2007

I have to agree that this man needs to be in prison longer. I also have reason to believe that there is a huge chance that he will return to drinking after he leaves prison--a terrifyingly large number of substance abusers do so, undortunately. And if he doesn't, if he has at all normal mental capacity, he will suffer emotionally the rest of his life.
We had a sad case in our community a number of years ago--a young man hit a group of children at a school bus stop while driving drunk. One of the children was killed and several injured. After a good many years in prison, he was released. But he couldn't live with the guilt, and rather than return to drinking, as so many do, he went out on the mountain and killed himself.
What a tragedy for everyone involved.
Forgiveness does bring peace--it doesn't do anything for the offender, but it certainly helps the suffering. But it takes time--sometimes a very long time.
I hope this mother can be comforted and that she can help her children not to grow up embittered by the terrible things they have suffered.

Jayson | 9:15 a.m. Oct. 5, 2007

In a society where personal accountability has been thrown by the wayside we really need to get back to punishments that fit the crime. This mans irresponsibility cost one person their life and could have killed 2 others. He should spend a good 15 years or longer since he made the choice to drink and he made the decision to drive. Nobody put a gun to his head and made him do it.

Almost all of todays problems can be directly traced back to people not taking personal accountability for their decisions and expecting some slack when they do something that is obviously wrong. As long as people get off with what amounts to a slap on the wrist it will only continue to get worse.

vtssge | 5:40 p.m. Oct. 8, 2007

I very much sympathise with the family...However time in jail will not cure him it is quite possible this was the one mistake he made in his life leaving a party or bar after one too many beers. Look up the charts let those without sin throught the first stone. If you have never had anything to drink then drove the throw away, however if you have had a few beers at the bar then drove home look it up 1/4 people have in the last yr driven intoxicated at some point... not going to say it is right but it happens is a drunk driver any worse then a careles sober driver that is eating and putting on makeup as they go down the road blasting the music...

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Liz Martin, Deseret News

Liza Smith, center, with her children Autumn Smith, 13, and Desi Smith, 15, holds a photo of Darius "Buddha" Smith, who was killed by a drunken driver.