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daniroyer
06-19-2008, 04:26 PM
Words cannot express how grateful I am for what y’all have done. People say that a lot, but it’s really true in this case. The rEVOLution gave my husband hope and motivated him to do something rather than just play armchair quarterback. It was Eric who first introduced me to Ron Paul. He did the research online, he called me into the room to see RP on TV, and it was him that suggested we start getting active with the meetup. From there, it blossomed into a true family affair.

We attended our first meetup, then the rallies during the Univision debate. From there we both were regulars at the Ron Paul campaign office in Miami, along with our oldest son Dante. Our youngest son Christian wasn’t too into heading to the office, but Dante thought it was the most awesome thing ever. We started walking our precinct and we got Ron Paul up to 9% (he only got 3% in the whole state). I did the “smart” work at the house (preparing the info and setting up routes), while my husband walked the neighborhood each afternoon. After we put the kids to bed, he’d load up our radio flyer wagon with signs and walk the neighborhood again. My husband literally walked his ass off (he ended up 20 lbs lighter by the primary).

After the primary, I started my run for state house. I sucked out loud, but my husband still walked the neighborhoods and got me close to 250 signatures by himself. Between lack of funds and the entire family getting the flu that would not die, I finally had to drop out about two months ago. I started helping Dean Santoro with his state senate campaign and my husband was preparing to walk neighborhoods for Dean when the time came. Eric also had signed up to be a campaign volunteer for Libertarian candidate Bob Barr the week of the car crash.

On Sunday, June 8, 2008 my husband was hit by a drunk driver a mile from our house while coming home from a 16-hour shift as a waiter. The drunk driver blew through a red light at about 50 mph (in a 30) and stuck our car directly in the driver side door. A witness to the crash, a nurse, immediately attended to my husband. After 911 was called, my husband gave the nurse my name and phone number. She called me and I was at the scene within minutes. I got there just as fire rescue was preparing the jaws of life. The police kept me across the street, but I did see that Eric was awake and talking to the paramedics. The other driver was stumbling around screaming racial slurs and cursing. All while my husband could hear him.

My husband was taken by helicopter to Ryder Trauma Center in Miami. His heart stopped during the flight, but the brought him back long enough to make it to the hospital. Immediately, his heart stopped again and despite doing the whole nine yards, they could not revive my husband.

The drunk driver was never arrested despite refusing a sobriety test and initially giving a false name. One police officer even told me the man was drunk. He was only ticketed with reckless driving, failure to obey a traffic signal, driving without proof of insurance, and driving without a license. The homicide detective hasn’t returned my calls so I don’t know any updates. Florida City police will only refer me to the officer investigating the homicide. My lawyer has had no luck either. So we’re spinning our wheels trying to figure out what to do.

Thank you all so much for helping us out. Between my husband employer (Applebee’s has been AMAZING) and y’all, me and the boys should be just fine. Once I get all my husband’s affairs settled, I’ll be heading back to work.

Again, thank you, thank you, thank you!

asgardshill
06-19-2008, 04:30 PM
Bump. Thanks for relaying this.

As for the human debris who hit Eric Davenport, words fail me. I'll get banned if I say honestly what I would do to that scumbag if I ever encounter him.

nayjevin
06-19-2008, 04:35 PM
It sounds to me like the campaign brought a change in you all that allowed some sort of completion in passing for your husband. I grieve for your loss; and celebrate what you all have gained. I have utmost gratitude for your families efforts, and admiration for your attitude.

We love you too, Danielle!

amy31416
06-19-2008, 04:37 PM
Thanks for updating us. I'm trying to think of something substantial that we could send to Danielle to represent us here at the forums--I'm willing to pay for it, I just need a great idea.

Bryan
06-19-2008, 05:28 PM
Thanks you for sharing, I am very sorry to hear about this. It is a blessing that the rEVOLution can make a difference for you and your family.

I am with Amy on her idea and would like to chip-in.

LibertyEagle
06-19-2008, 05:31 PM
So sad. :(

rational thinker
06-19-2008, 05:46 PM
Sorry for the loss.

SnappleLlama
06-19-2008, 06:58 PM
This is heartbreaking...I wish you the best. This is such a tragedy!

itshappening
06-20-2008, 07:25 AM
:(

ronpaulhawaii
06-20-2008, 09:10 AM
With misty eyes; I can only express my condolances, and thanks for the time he gave us all.

We are a big family, and share a small part of your pain.

:(

m

runningdiz
06-20-2008, 09:15 AM
:(

pinkmandy
06-20-2008, 10:22 AM
I'm so sorry, Danielle. I truly admire your attitude, all you have done, and your ability to focus right now. My heart goes out to you and your family. May Eric rest in peace and may karma find the callous asshole who took so much from the world.

angelatc
06-20-2008, 11:10 AM
Danielle, I have 2 boys. I can't even imagine what it's like to be in your shoes.

Don't forget that we'll be here for a long time. Come back and let us know how it's going from time to time, because we'll be thinking of you always.

SnappleLlama
06-20-2008, 11:34 AM
Ron Paul apparently sent in some money for the cause, as well...

amy31416
06-20-2008, 11:50 AM
Ron Paul apparently sent in some money for the cause, as well...

Yes he did. I tried to post a link to the CFL blog about it, but I keep getting an error from this board.

SnappleLlama
06-20-2008, 11:51 AM
Yes he did. I tried to post a link to the CFL blog about it, but I keep getting an error from this board.

Ha, ha...I tried to do the same thing...

UtahApocalypse
06-20-2008, 11:54 AM
We have all become a large family. We all morn your loss together. Know that you, and your blood family are in our thoughts. Truly one of the things I have gained most from this campaign is new family and friends. I hope that you can find solace in the fact that many people are thankful for all your husband had done for the cause, and you as well. Our blessings are with you always.

SnappleLlama
06-20-2008, 01:24 PM
Here's the blog from the CFL site:

http://www.campaignforliberty.com/blog/?p=48

daniroyer
06-20-2008, 01:49 PM
Proof you can't depend on the government:

After Eric died, I applied for emergency foodstamps because THIS is the situation this program was created for -- not long term. They processed my application fast I got the card the day before I left to bury my husband in PA. I activated it then because even though I wasn't going to use it for a week, I wanted everything to be set when I got back. The letter I got said we were getting a little over $400.

I went grocery shopping today. I tried to use my card, but my balance was $0. Had y'all not sent money, I'd have been screwed. I started calling their "ACCESS Florida" hotline as soon as I got home and all I keep getting is that all their agents are busy. Private charity trumps government "help" yet again.

Again, thank y'all for helping. I'm still in a daze over all this; both his death and everyone helping out.

Edited To Add: I also spoke with my bank about setting up college savings accounts for the boys. After the dust has settled, any remaining money will go into these accounts.

amy31416
06-20-2008, 02:08 PM
Proof you can't depend on the government:

After Eric died, I applied for emergency foodstamps because THIS is the situation this program was created for -- not long term. They processed my application fast I got the card the day before I left to bury my husband in PA. I activated it then because even though I wasn't going to use it for a week, I wanted everything to be set when I got back. The letter I got said we were getting a little over $400.

I went grocery shopping today. I tried to use my card, but my balance was $0. Had y'all not sent money, I'd have been screwed. I started calling their "ACCESS Florida" hotline as soon as I got home and all I keep getting is that all their agents are busy. Private charity trumps government "help" yet again.

Again, thank y'all for helping. I'm still in a daze over all this; both his death and everyone helping out.

Edited To Add: I also spoke with my bank about setting up college savings accounts for the boys. After the dust has settled, any remaining money will go into these accounts.

Check your hotmail account, Dani and let me know if the donations came through allright.

I'm still keeping the chip-in open, but given the circumstances, I'll send as received.

All my best.

daniroyer
06-20-2008, 02:52 PM
Check your hotmail account, Dani and let me know if the donations came through allright.

I'm still keeping the chip-in open, but given the circumstances, I'll send as received.

All my best.

They came through just fine. Thank you all!

I forgot to update my bank account info, so it's going to take a few days for paypal to confirm my new account number. After that, all should be set.

This is beyond wonderful. Thank you for organizing this!

thehittgirl
06-20-2008, 02:59 PM
There hasn't been a day that's gone by without thinking of you and your two boys. I see you have a June baby boy too....

We're praying for you in NY!

jacmicwag
06-20-2008, 03:07 PM
Just a note to those reading this thread - after the Florida primary was over Dani posted a note on the Forums that she and Eric had extra campaign materials for others to use. At that time, we were block walking our precinct in Houston and were running short of flyers. At her own expense, Dani and Eric shipped over two large FedEx envelopes full of RP materials which we were able to hand out to our neighbors. These materials kept us going and helped us recruit several delegates for the precinct convention.

To say the least, I was quite impressed with their dedication and their willingness to help out someone they had never met. With that kind of attitude and energy, I know that both Dani and Eric made a difference in a lot of people's lives.

freelance
06-20-2008, 03:18 PM
Danielle, I'm so sorry to hear about your loss.

familydog
06-20-2008, 03:44 PM
My condolances to you and your family. I will keep yins in my prayers. Keep up the fight!

qh4dotcom
06-22-2008, 04:55 PM
Bump

brooklyn
06-22-2008, 06:22 PM
Just a thought, let me know what you think.
How about a memorial tree and plaque at CFL HQs for Eric after we help out the family?

amy31416
06-22-2008, 09:34 PM
Just a thought, let me know what you think.
How about a memorial tree and plaque at CFL HQs for Eric after we help out the family?

Something similar, but slightly different is in the works.

brooklyn
06-22-2008, 09:57 PM
Please keep us informed with what we can do for the Davenports.
Already checked out the chip-in.

daniroyer
06-23-2008, 02:35 PM
Again, thank y'all for doing this. Between what you guys have gathered, the help from local friends, and help from Eric's job, I have enough to take care of the bills through the end of August. I should have a job by then, so I won't have to worry.

I also have enough to pick up the boys a few birthday presents. Dante turns 3 on Monday, Christian turns 2 on July 11.

Eric was also an announcer for a local independent pro-wrestling company. The first show since his death was last night. They did the ten bell for him and I think that hurt more than the funeral. I also found out that Jerry Lynn (a wrestling LEGEND) is going to be wrestling our good friend Shawn Prime at the next show. Jerry Lynn was one of Eric's favorites and Eric was slated to announce the show.

Again, thank you all. I'm still out of it right now. I still can't believe all this is happening, both his death and all this support.

frasu
06-23-2008, 02:49 PM
such a tragic event... my condolences to you and your family

qh4dotcom
06-24-2008, 12:21 AM
Bump for Eric

R.I.P

daniroyer
06-24-2008, 02:05 PM
Finally got the accident report. It doesn't click with what the witnesses told me or what I was told by the homicide detective. I'm calling b.s.

The irony? The man that hit Eric was on our precinct walking list. The man's mother gave us water. She informed us that her son was no longer eligible to vote because he had just got out on probation.

EDIT: Just did a background check. The driver and the owner of the car are real winners. The driver had enough traffic tickets to choke a horse.

manny
06-24-2008, 03:50 PM
Hi Danielle,

I've just seen this thread and although I don't think we've ever spoken through this board before I just wanted to say how sorry I am to hear about your terrible loss.

You sound to me like a very strong person and clearly have your children to focus on.

A sort-of comparable event in my life was my dad, who was also my best friend, dying. At the time I just soldiered on and didn't give myself time to come to terms with it and the result is that now, nearly 10 years on, I still haven't got over it. So if I am to give advice it is to give yourself some time, however difficult that is, and don't push yourself too much, too soon.

You're clearly a brave person and I'm sure equal to the task of raising your children. When they're older they'll appreciate you looking after them. I hope things work out ok for you and you have a lot of friends on this board should you need help.

amy31416
06-24-2008, 06:39 PM
A sort-of comparable event in my life was my dad, who was also my best friend, dying. At the time I just soldiered on and didn't give myself time to come to terms with it and the result is that now, nearly 10 years on, I still haven't got over it. So if I am to give advice it is to give yourself some time, however difficult that is, and don't push yourself too much, too soon.



You are absolutely correct, my dad passed away 7 years ago, I just threw myself into my work and still haven't come to terms with it. I don't know exactly how a person does get over such things, so I have no advice on that.

One good piece of advice that I did hear, after the fact, that would have been valuable: don't make any big decisions, financially or in your life too soon afterwards.

daniroyer
06-24-2008, 08:21 PM
You are absolutely correct, my dad passed away 7 years ago, I just threw myself into my work and still haven't come to terms with it. I don't know exactly how a person does get over such things, so I have no advice on that.

One good piece of advice that I did hear, after the fact, that would have been valuable: don't make any big decisions, financially or in your life too soon afterwards.

Exactly. I'm following what Eric and I had planned as best I can. I'm just modifying it to the situation. I certainly expediting setting up the boys' savings accounts and setting up my will, but so far everything is going as close to how we had planned. I'm still going back to school in the fall, just half time rather than full. I'm still buying the birthday cakes we picked out. And dammit, despite what my dad says, I am not cutting the boys' hair until they ask me to.

My biggest thing is I'm trying to avoid being medicated. I was medicated the first week and a bit of the second. But now I need to deal with it. Dante's pediatrician chewed me out about dealing with this without professional help, but if I just medicate my woes away, they'll still be there when I come down. The same reason why I don't take the prescribed medicine for my rheumatoid arthritis...I find I hurt worse when the meds wear off.

I've found the best therapy has been hanging out with friends. Let me tell you, going to the wrestling show hurt horribly, but being surrounded by old friends helped me immensely. All of the guys were trying to make me laugh and when I didn't feel like laughing, they offered their shoulder.

Knowing I have all this support helps too. Before I had a chance to even start to worry about what I'd do, y'all and others came through. I'm lucky that my husband was so outgoing. He always made a point to treat everyone like family. It's why he could support us just by waiting tables: he knew how to treat people.

daniroyer
06-25-2008, 11:01 AM
http://a868.ac-images.myspacecdn.com/images01/23/l_d3e6be7f8198589f4d2e063126f6c233.jpg

Government = FAIL

qh4dotcom
06-25-2008, 01:51 PM
This is awful....government is more than a failure

Anything else you can do now? How about involuntary manslaughter? Nothing can be done about the fact that the driver refused a sobriety test?

daniroyer
06-25-2008, 02:05 PM
This is awful....government is more than a failure

Anything else you can do now? How about involuntary manslaughter? Nothing can be done about the fact that the driver refused a sobriety test?

I'd need to get the witnesses to challenge the police report. According to the traffic report I received, they didn't even attempt a sobriety test. It said nothing about the raciest remarks or the overall asshole-ness of the other driver. It claimed my husband had "light", "non-incapacitating". Overall, it's horribly incomplete and even venture to say illegal.

I'm working with my lawyer to see if we can get a deeper investigation. The man who hit my husband was driving on a suspended license, had a history of running stop signs (TWICE before), a history of speeding (THREE times), and hasn't paid any of his tickets in the past year (trust me, there's a lot of them). This is the type of person who shows no respect for basic laws or even respect for his fellow man. And it makes me sick to know that even after killing someone, the damn state is just going to let him slide again. This is the type of guy who'll probably drive himself away from the courthouse, in a nice car no less, and flip me off as he goes by.

BTW, the man's appearance in traffic court is going to be on July 10 @ 11 am at the Richard E. Gerstein Justice Building in Miami. I don't think I can make due to transportation, but I'm making sure to have friends stop by.

amy31416
06-25-2008, 02:33 PM
I was going to suggest contacting a lawyer, glad you're already doing so.

qh4dotcom
06-25-2008, 02:46 PM
You might also want to contact M.A.D.D (Mothers Against Drunk Drivers). They provide free assistance to the victims of drunk drivers.

http://www.madd.org/getdoc/262701cb-293a-4ee8-a28c-a7872c0c5f62/FAQS.aspx#FAQ11
http://www.madd.org/fl/dade
http://www.madd.org/Victim-Services.aspx


1-877-MADD-HELP
305.273.3744

I just also contributed another donation to the chipin.

daniroyer
06-25-2008, 09:58 PM
I was going to suggest contacting a lawyer, glad you're already doing so.

My dad had a lawyer on the phone the day after it happened. I was in no state to, but my dad called their lawyer (who doesn't due these types of cases, he handled my adoption and my parents' wills) who recommended his partner.

We're actually horrifically busy fighting our own insurance company. They're trying to say our policy is null and void because even though they changed my drivers license number to reflect my married name (in FL, the letter is the first letter of your last name -- I changed from an "R" to a "D" so I was issued a whole new number), they never changed my name to my married name. And that even if our policy isn't void, Eric's lifeflight was unnecessary and they will not cover it.

Now we're adding trying to change the state attorney's mind to the to-do list. I'm pre-law and even I can see that the driver's history shows a pattern that is clearly reckless and it was clear he would eventually kill someone with his car. He's already driven on suspended license and ignores his tickets. He obviously doesn't obey those punishments.

Sorry for the legnth, I'm venting.

daniroyer
06-25-2008, 10:30 PM
Government = FAIL yet again.

Turns out that Florida requires mandatory sobriety testing in all crashes that result in severe injury or death. Now, the police could argue that they though Eric wasn't going to die so they didn't do any tests. However, I know personally that Eric's left leg was shattered. I saw it as they put him into the ambulance. I call that a sever injury coupled with the fact he was airlifted.

The eyewitness did tell me that the police tried to test the other driver, but he refused, shoved the cops away, and demanded to speak with his lawyer. When I arrived at the scene and was initially told that Eric just had the leg and rib injuries, I immediately asked about the other driver. When I saw the man stumbling, I asked if he was okay. The officer replied, "He's just drunk."

Yet the police report claims that no sobriety tests were even attempted. Not that I had much faith in the local cops before this, but now I'm certain they're as stupid as I thought they were.

Thank you all for this support -- both monetary and in words. I thought this would get easier, but stupidity seems to reign.

(BTW, y'all have got both Paypal and my bank calling me to confirm that I know about the deposits. They thought someone else was using my accounts!)

daniroyer
06-27-2008, 07:38 AM
Eric would always say "If wifey ain't happy, ain't nobody happy!" Wifey ain't happy.

I'm sending a "nice" letter to the state attorney's office here in Miami. First you try honey before going with nastier substances. Basically they charge the man or I'm going to the media. Next letter will say that point blank.

Here's what I'm sending:

June 27, 2008
David I. Gilbert, Assistant State Attorney
Eleventh Judicial Circuit of Florida
E. R. Graham Building
1350 NW 12th Avenue
Miami, FL 33136-2111

RE: Traffic Death of Eric Davenport

Dear Mr. David I Gilbert

I am writing to you in regards to the letter you sent dated June 17, 2008. I am officially challenging your decision not to charge Mr. Wadshun Burch with my husband’s homicide. Florida City police failed to follow proper police procedure and claim they did not give Mr. Burch a sobriety test. I should not need to inform you that sobriety testing is required, by state law, to be administered in all crashes resulting in severe injuries or a fatality. I was also informed by both the police at the scene and the eye witnesses that Mr. Burch refused a sobriety test and demanded to speak to his lawyer. He also initially gave a false name and he produced a fake insurance card.

I have included in this letter a copy of Mr. Burch’s driving record, which I’m sure you have already reviewed. This man has flaunted traffic laws and their penalties since 2002. All this is to him is just another ticket he isn’t going to pay. He was already driving on a suspended license, so revoking his license would not matter to him. I do know that you are required to take a defendant’s previous record into account, and Mr. Burch’s record shows it was only a matter of time before he’d hurt somebody while driving.

Point blank, Mr. Burch only knows how to drive recklessly and will continue to do so unless he is made to realize what his actions have caused. He doesn’t pay his fines. He drives even with his license not valid. What other punishment would traffic court levy on this man? Let’s also not forget that my husband Eric and I have two small children. What will they learn from this?

Legally and morally, you have no choice but to charge Wadshun Burch with a criminal act.

Sincerely,
Danielle Davenport

daniroyer
07-05-2008, 08:57 AM
Bit of an update:

We're still doing okay. My oldest son had a nice birthday and I have everything set for my youngest's birthday on Friday. I should start receiving survivor benefits for the boys at the end of the month. My oldest son and I are going to start seeing a therapist next week. I've signed up for college classes starting in August. Things are starting to get back into a groove.

On the legal front, I'm still hitting walls. MADD is helping me a lot and my victim advocate has started talking with the county homicide detective. He didn't want to return my calls because all he had was bad news on how bad the local cops screwed everything up. Not much can be done now, but I've written letters of complaint. Now I just sit and wait...then I get to raise some hell.

For those interested, the guys "arraignment" in traffic court is Thursday, July 10 at 11 am, on the 5th floor, courtroom 7 of the Richard E. Gerstein Justice Building in Miami, FL. I may not be able to make it due to transportation issues, but I'm letting everyone know about it so Eric can have a presence in the courtroom.

Thank you all for the support. This has actually lit my political fires even more. I was going to hold off running for office until after I finished school, but now I'm thinking about running for Florida City mayor in 2012.

ronpaulhawaii
07-05-2008, 09:50 AM
Dani- Thank you for the updates. I am so glad to hear you are building a support network and staying busy. Grief turns like the tides, let them flow, and ride the waves...

:(:):(

~~~~~~~~~~~

note to any lurking media - Has this story been reported nationally? If not, it is indicative of how far your industry has fallen from the lofty perch which is its' rightful place. I wonder how many of you are innocently naive, how many of you are simply pathetic cowards, and how many of you are despicably evil. WAKE UP!!! Do your job! Reclaim the time-honored status of your profession. HELP THIS WIDOW AND THESE ORPHANS!!!

:confused::mad::(:o:confused:

Please...

~~~~~~~~~~~

note to any lurking "total gov't" goons - It is incidents like this that remind me how beneath contempt you are. You already dwell in the lowest depths of hell and don't see how you are being fooled into digging deeper. May god have mercy on your souls, you will get none from me.


Isaiah - Thy princes [are] rebellious, and companions of thieves: every one loveth gifts, and followeth after rewards: they judge not the fatherless, neither doth the cause of the widow come unto them. Therefore saith the Lord, the LORD of hosts, the mighty One of Israel, Ah, I will ease me of mine adversaries, and avenge me of mine enemies:

Psalms - The LORD preserveth the strangers; he relieveth the fatherless and widow: but the way of the wicked he turneth upside down.

Matt - Woe unto you, scribes and Pharisees, hypocrites! for ye devour widows' houses, and for a pretence make long prayer: therefore ye shall receive the greater damnation.

James - Pure religion and undefiled before God and the Father is this, To visit the fatherless and widows in their affliction, [and] to keep himself unspotted from the world.

IMHO - Justice will be served

Be a part of it.

:mad:

CurtisLow
07-05-2008, 10:32 AM
http://img374.imageshack.us/img374/9388/25102254956f4c70c4e5ddbkt8.jpg

May his spirit rejoice in his new found freedom's




.

daniroyer
07-05-2008, 01:34 PM
Dani- Thank you for the updates. I am so glad to hear you are building a support network and staying busy. Grief turns like the tides, let them flow, and ride the waves...

Thank you. That's why weekends suck for me -- I have too much time to think and most of my close friends are working. I'm half dreading when both boys start school next month. There'll be at least 1-3 weeks before I go back to work and school and I'll have way too much time on my hands.

As for the media, I'm being very good and giving the system time to do it's job without having to be told. I know it can take time. But if I don't start seeing some progress in 6-8 weeks, I'm going to start really raising some hell. As I said to one of my friends, if I have to be the sobbing widow on Nancy Grace/Glenn Beck/whoever to get something done, I'll do it.

And let me tell you, I know this is an election year and I'm not afraid to use it either.

Roxi
07-05-2008, 05:45 PM
Thank you. That's why weekends suck for me -- I have too much time to think and most of my close friends are working. I'm half dreading when both boys start school next month. There'll be at least 1-3 weeks before I go back to work and school and I'll have way too much time on my hands.

As for the media, I'm being very good and giving the system time to do it's job without having to be told. I know it can take time. But if I don't start seeing some progress in 6-8 weeks, I'm going to start really raising some hell. As I said to one of my friends, if I have to be the sobbing widow on Nancy Grace/Glenn Beck/whoever to get something done, I'll do it.

And let me tell you, I know this is an election year and I'm not afraid to use it either.


it sounds like your head is in the right place dani, im glad to see some positivity shining through. keep your head up and know that we think about you guys daily. things will get easier, but never easy. you just have to remember to look on the bright side of everything and seize the day. Ill throw a penny in the wishing well for ya ;)

qh4dotcom
07-06-2008, 12:00 AM
Thank you for the updates, Dani...I was glad to hear that my advice of contacting MADD has helped you so much.

daniroyer
07-07-2008, 04:38 PM
First the good:

I received a package from the Ron Paul office in Clute, TX today. It was filled with good wishes from the Paul family and forwarded cards. This really made my day. I now have enough money to get a used car sometime within the next week. If not to pay for the car outright, I certainly have enough to put a 75% down payment. The social security hit for my boys today as well.

Again, thank you for all the support and good thoughts. Lord knows the legal system ain't trying to support me at all.

Now the bad:

Along with that wonderful package, I received a letter from the State Attorney. I'm refraining from writing back until I've slept on it, because any letter I produce right now would be so full of snark and venom, I'd get no where. I have included a snarky response below the letter for my own amusement and for anyone who's interested.

I have, however, pulled up the statute referred to in the letter, along with a few more, and will sadly have to school the assistant state attorney on basic Florida law. Beyond that, the idiot didn't even READ my letter. He said nothing about the sobriety test being refused or the fact that the guy who killed my husband was driving on suspended license at the time of the crash.

Many of my friends have pointed out that the police screwed up and because of the crappy car and location of the crash, they've figured us to be white trash and not ones to put up a good fight. Sadly for them, I'm pre-law (actually spoke to my adviser about going to law school at FIU) and Eric was well known in the community. This isn't something they can sweep under the rug.

http://a690.ac-images.myspacecdn.com/images01/81/l_3a715c315a40773ea55b2dc2f1dd5dd1.jpg

Yes, we all drive on a suspended license, go almost twice the speed limit, and run red lights all the time, while being perfectly sober, just for the fun of it. We all also stumble, fall to the ground, shove cops, and scream racial slurs, all while sober, for the hell of it.
I'm in the process of preparing for law school. Perhaps Mr. Gilbert would like to attend with me. /snark

angelatc
07-07-2008, 04:42 PM
And having a police officer say "He's ok. He's just drunk," isn't probable cause to administer the test.

I'd much rather have DUI laws enforced this way - if you are in an accident, you have to take the test.

Paul.Bearer.of.Injustice
07-07-2008, 07:45 PM
I'm tearing up at this story.. what an f'in joke.
Affidavits from the eyewitnesses may be grounds for filing criminal charges??
Either way, I know you'll make sure this guy gets his blowback from either the legal system or by way of his reputation.

amy31416
07-07-2008, 08:41 PM
Dani,

I can't make any promises, but my ex's dad was a shark and exceedingly scary criminal attorney in Miami, I may be able to get a recommendation--I guarantee you that any recommendation he makes would be disturbingly good. Let me know if you're happy with your current attorney or you need someone more vicious and conniving. (It's the nature of the business, it seems.)

daniroyer
07-07-2008, 10:11 PM
Dani,

I can't make any promises, but my ex's dad was a shark and exceedingly scary criminal attorney in Miami, I may be able to get a recommendation--I guarantee you that any recommendation he makes would be disturbingly good. Let me know if you're happy with your current attorney or you need someone more vicious and conniving. (It's the nature of the business, it seems.)

My current lawyer's pretty good. A tad too clean for some, but from talking to him, he sounds like he knows when to play dirty, I just haven't had to see him do it yet.

He's forwarded on his legal statements from the witnesses, along with my legal statement (I arrived at the scene about 10 minutes after the crash) documenting what I saw. He also sent along proof that the insurance and vin number were false. So far, it's still not enough "proof". Should I also add that the guy had skipped town before the sun had even rose that day? He's been on "vacation" for a month now.

I'm sending one more "nice" letter myself. Again, just sticking to the facts, but ended with something along the lines of:

"I have made every effort, out of professional courtesy and respect for how difficult your job is, to keep these letters cordial. That being said, I must exhaust every legal, though not as cordial, option to see that Mr. Burch faces the ramifications of his crime. I personally hate it when someone goes over my head, so I am refraining. However, if you do not fulfill your legal obligation to prosecute Mr. Burch, I will have to take steps to assure justice for my husband and for the people of this state."

That's the nice way of saying "Do your damn job, or I start calling b.s. to the nearest reporter, elected official, political group, and/or anyone else who will listen."

When I ran for state house, one of my "lines" was "Do your job or we the people will take your job." I'm not dusting it off yet, but I am moving it to the front of the closet, so to speak.

I'm incredibly lucky that I was prescribed an anti-depressant today. I'm doing kind of okay on everything but this crap.

qh4dotcom
07-08-2008, 12:05 AM
Thank you for the update Dani...wow...a package or letter from Dr. Paul would sure make my day too.

Since Mr. Burch skipped town, do you think that he'll even show up at the court on July 10th? Also will you accept Mr. Gilbert's invitation for an appointment?

daniroyer
07-08-2008, 09:26 AM
Thank you for the update Dani...wow...a package or letter from Dr. Paul would sure make my day too.

Since Mr. Burch skipped town, do you think that he'll even show up at the court on July 10th? Also will you accept Mr. Gilbert's invitation for an appointment?

Dr. Paul also personally called me on the 3rd. I didn't recognize the area code or number, so I didn't pick up. He left a voicemail for me to call him back at the Clute office. Needless to say, I nearly dropped my phone when his message started. :D
I called him back after I got my wits together and he spoke to me for a few minutes. He just wanted to see if me and the boys were okay and to let me know we're in his family's thoughts and prayers. Totally made my day.

As for ghettoboy showing up for court, he better. The file says that a court appearance is mandatory, but I do know there's a way to just have your lawyer show up. I'm pretty sure this is serious enough for a bench warrant to be ordered if he doesn't. I managed to get a ride to the courthouse, so I'll be there either way.

http://a505.ac-images.myspacecdn.com/images01/115/l_509f1d22a8f0c6b6bfbb3ab6bd911370.jpg

As for speaking with the ASA, I probably will sometime in August. That's the earliest I'll have a car and both kids in school. I will require the meeting to be recorded and a friend with me to witness because I am not having anything off the record. The police have told me so many things that were never recorded and now it's like they were never said.

When it's actually time for me to go to law school, I better get some extra credit for all this.

szczebrzeszyn
07-08-2008, 09:29 AM
I wish your chipin was on CFL site...

daniroyer
07-09-2008, 09:44 AM
Another update:

I finally got the autopsy report from the ME. I'm not going to scan and post, but let's just say these injuries don't occur in a 30-mph crash. Every rib in my husband's body was broken and the ones on his left side (where impact occurred) were shattered. My husband died because the shards punctured his lungs. Our car was an older, heavier car (mid-90's Oldsmobile), so for these injuries to happen, you really have to be hauling ass.

SnappleLlama
07-09-2008, 11:08 AM
Okay, this is beyond depressing. :(

I am so, so, SO sorry, daniroyer.

daniroyer
07-10-2008, 05:47 PM
A bit of somewhat good news!

I managed to get up to the traffic hearing today. Ghetto boy actually showed up, but he acted like a punkass the entire time. The best way I can describe it is he acted like my 3-year-old when I make him do something he doesn't want to do. Sitting in his chair sulking, complaining under his breath, and doing everything he could to not be involved.

The called him up initially, but when the prosecutors realized I was there, they asked for time to speak to me. NOBODY had sent the prosecutors any reports, pictures, or even Eric's name! They just got the ticket with a note someone had been killed. Thankfully, I had the M.E. report on me to give them. I'm having my lawyer fax over everything he has (pictures, reports, the false insurance info, the false VIN number, etc.) and I'm faxing what I have.

Ms Lee, one of the prosecutors, told me that she was going to see if this could be bumped up to a low-level felony, at least, and that she saw cause based on the ME report to try for vehicular homicide. She couldn't promise me anything. I asked about the other ASA's decision and she told me that he's a good lawyer, but he's strictly criminal and that there were a range of options in traffic court that can be just as bad as straight up criminal charges. He won't get a horrible long sentence, but he should get jail time. They will not offer him a plea without me approving it first.

The judge called Ghettopunk back up, after the prosecutors had a chance to talk to me and to look at Eric's autopsy report. The prosecutors informed the judge that they would like to proceed to trial. The judge then asked Ghettopunk for his plea. He said he wanted to speak to a lawyer first. She then asked if he already had one. He told he no. Then she offered to set him up with a public defender. He said no, that he wanted a "real" lawyer. She then asked him how long did he need to obtain council. Idiot just shrugged at her. She then made the suggestion of two weeks. He answered "Yeah, whatever."

Due to the judge's schedule, the next court date is set for July 31 at 10. By requesting time to get a lawyer, Ghettopunk legally waived his right to a speedy trial. This gives the prosecution more time to gather evidence and track down everything since the police aren't really helping.

I couldn't get over Ghettopunk's attitude. He really was like a child being put in timeout. He even rolled his eyes when the judge said the case was serious. He really pissed off the judge and the prosecutors. He also couldn't even look in my direction and he RAN from the courtroom when he was done.

Well, it's some progress.

amy31416
07-10-2008, 06:09 PM
Unbelievably callous. Glad he waived his right to a speedy trial, and best wishes to you. I'm sure it'll be trying.

daniroyer
07-10-2008, 09:23 PM
Unbelievably callous. Glad he waived his right to a speedy trial, and best wishes to you. I'm sure it'll be trying.

Before he went before the judge, the prosecution told me they were going to ask for a continuance to get enough evidence to make sure he served jail time. Before they even could, he went and did it for them. With how slow the police are in sending the evidence over, he could have just got a public defender and had the case done before there was time to do a full investigation. Now, the prosecution gets the time to nail him.

Had I not been at the scene and saw how out of it Ghettopunk was, I'd start to think he really is stupid enough to run a red light going 50 mph without needing to be intoxicated.

daniroyer
07-17-2008, 01:56 PM
Good news:

I've managed to get enough money up to buy a car! Now I don't have to worry about getting around town or up to the courthouse in Miami. It's a little green 2000 Kia Sportage. I went back to where we had bought the Oldsmobile (the car that was totaled when my husband died) and the dealer dropped the price on the Sportage. He even took it to get it fully serviced before I picked it up. I don't have to worry about tires, battery, or oil for a while.

There's no real news on the court case. I did, however, see Ghettopunk DRIVING yesterday. I called and left a message for the prosecutor letting her know what I saw. It took all my restraint not to run the red and hit him (he was in the turn lane heading west while I was heading east). The next court date is in two weeks and I'm sure the judge would LOVE to hear about it.

We're doing okay. The car is a big step in the right direction. A bit back to "normal".

Again, thank y'all.

Edited to add: Just checked on the Miami Dade Clerk of Courts website to see if any changed to the court date have been made. Date and time are still the same, but they've added the Miami Dade Homicide detective and the two people who saw the crash to the list of witnesses. Ghettopunk is so screwed.

qh4dotcom
07-17-2008, 07:13 PM
Good news:

I've managed to get enough money up to buy a car! Now I don't have to worry about getting around town or up to the courthouse in Miami. It's a little green 2000 Kia Sportage. I went back to where we had bought the Oldsmobile (the car that was totaled when my husband died) and the dealer dropped the price on the Sportage. He even took it to get it fully serviced before I picked it up. I don't have to worry about tires, battery, or oil for a while.

There's no real news on the court case. I did, however, see Ghettopunk DRIVING yesterday. I called and left a message for the prosecutor letting her know what I saw. It took all my restraint not to run the red and hit him (he was in the turn lane heading west while I was heading east). The next court date is in two weeks and I'm sure the judge would LOVE to hear about it.

We're doing okay. The car is a big step in the right direction. A bit back to "normal".

Again, thank y'all.

Edited to add: Just checked on the Miami Dade Clerk of Courts website to see if any changed to the court date have been made. Date and time are still the same, but they've added the Miami Dade Homicide detective and the two people who saw the crash to the list of witnesses. Ghettopunk is so screwed.

Thank you for the updates Dani...Glad to hear you managed to get a car...wish you could have videotaped Ghettopunk driving on a suspended license...just curious...wasn't his accident car totaled too? He was driving a different car this time?

nelsonwinters
07-17-2008, 08:46 PM
I'm sorry to say that I didn't know you or Eric before this all happened. However, I admire your strength through all of this. I can't believe how this case has been handled so far. I really think you could write a book on everything that has happened and that you've had to go through.

raystone
08-22-2008, 08:28 AM
Dani Davenport is still fighting for Dean Santoro. Here's part of her email from today....



Friends this is a MAJOR turning point in our state's and our country's history. Please find it in your heart to make a donation today to help elect a man dedicated to fighting for the people: Dean Santoro
Visit www.deansantoro.com or www.santorosenate.com and donate today.

qh4dotcom
11-20-2008, 01:25 AM
:(

qh4dotcom
11-21-2008, 01:36 AM
Update:

I just met Dani for the 1st time Nov 16th at Dean Santoro's home. She reported that the person who killed her husband didn't go to jail and will likely not go :(