Remember the neglagent babysitter?

That let a kid in San Jose get hit and killed at the Blossom Hill crossing. Seems she is getting off with a slap on the hand. I think she should have been sent to prison for a couple years at least for her neglagence myself.

From Altamont Press:

Sitter of boy killed by train plea-bargains

The babysitter in charge of a toddler who was killed by a train in San Jose, California last year agreed Friday to a plea bargain that allows her to avoid prison, the Santa Clara district attorney’s office said.

The babysitter, Katrina Hatton, pleaded no contest to one felony count of child endangerment in Santa Clara County Superior Court, Deputy District Attorney Dan Nishigaya said.

Judge Jerome Nadler likely will sentence Hatton to four years of probation in June, Nishigaya said.

Hatton was taking care of 2-year-old Alexander Arriaga and his 4-year-old brother on Nov21. She brought the boys across railroad tracks to a restaurant where she was going to apply for a job. Hatton then re-crossed the tracks to retrieve her infant daughter, who was in a stroller, but Alexander followed her and was struck by an Amtrak train.

The day Alexander Arriaga was killed, Hatton had been asked to watch him and his brother by her roommate, who needed to take a drug test. The roommate had been babysitting for a friend who was at a job orientation.

Hatton, who planned to apply for a job at McDonald’s, had never met the mother of the two boys. - Cicero A. Estrella, The San Francisco Chronicle, courtesy Larry W. Grant

Dude that is just messed up totally. Yesterday I was with my wife and 20 month old son at the Ponona Train station when a UP intermodel train came smoken by. I turned to my wife as we were about 10 feet from this train, how can someone stand infront of a train some massive and powerful. I couldn’t imagine the site of the aftermath. Dude, that just sucks…I think they should put her on the tracks and let her see how it feels.

I never heard THIS story, but I would tend to agree. She’s getting off too lightly when she should have drawn a prison sentance of at least a few years. She will have to live with this for the rest of her life and I would hope that she has had a few sleepless nights over her carelessness.

CANADIANPACIFIC2816

[banghead]Ater all… it is [%-)]California[%-)][banghead]

+1

Easy guys about California. You have no right to assume that all Californians have issues…Okay maybe most of them, Or us, or whatever. Yes I am surrounded by idiots. I should know, I see them everyday on the freeways when I drive to and from work.

There is no good purpose that would be served by a prison sentence. Most of us have or will do something which in hind sight was equally stupid, but fortunately will have no serious consequences. Here it did. Plus she still will have a felony conviction for the rest of her life.

Ironrooster, I believe that your opinion is a good one. Still the child is gone, and in a better place, and the total negligence can’t be place on this girl. Responsibility is on the head of the real babysitter, and the parents for that matter in their failure to find a more responsible chaperone for their children. It just kills me because I now have a 20 month old son. I couldn’t imagine. I just hope everyone learns from this experience and that they think twice next time. I’m sure that you all feel the same way too.

The original babysitter should not get off scott free either. What are they doing about her?

Mike in Tulsa
BNSF Cherokee Sub

I respectfully disagree. I think people need to be held accountable for there actions. What kind of message does this send out, that you can kill someone (even though neglegently) and only get a slap on the wrist. And I think the babysitter originaly in charge of these kids should get punnished too.

I have a very good friend that killed another friend with his car on accident. He hit another friend that was walking down the road because he wasn’t paying attention to the road. he ended up serving 4 years of state time. He has told me several times that he didn’t feel 4 years was enough of a punnishment. He feels that he got away with murder even though it was really involentary manslaughter.

The guy spent 4 years in jail, and doesn’t think he was locked away long enough?

That’s hard to believe man. I’m sure he could have found a way to stay in if he really felt that way. Punch a guard, threaten somebody, etc.

I suspect he is just telling that story to compensate for a feeling of guillt.

Of course he could have found away to stay by commiting other crimes. That wasn’t my point. My point was he felt like he got away with murder. How do you think the babysitter is going to feel serving zero time? And what message does that send out?

I just can’t see anyone who’s been in jail thinking they got off “too easy”, the very premise makes no sense.

I think the guy was just saying that for the benefit of your ears. Easier for him to rationalize his sense of guilt. My point was that if he really felt that way, there is nothing keeping him on the outside

How do I feel about the careless babysitter? Well, I ssuspect she’s really a dumb XXXXX, but if we were to go around locking stupid people up for doing stupid things, there would be more people on the inside. than running free.

My gut feeling is, that in order to prosecute her for murder, there should be at least some intent to cause harm on her behalf

. Which I think her problem was carlessness, not malice

Now maybe an injunction making it a crime for her to ever babysit again? yeah, definitelty. I’d go for that.

Felony - Can’t vote, probably can’t own a firearm, will have problems with getting some jobs, will always have to answer “have you been convicted” with a “yes.” While she didn’t get jail time, and will have just 4 years of supervision under probation, she still has a life sentence. Unless she has absolutely no remorse for her transgression, it will come back to haunt her for the rest of her life.

As for the young man who doesn’t feel he spent long enough in prison - at least he seems to have some remorse for his misdeed, and will hopefully be that much better a citizen for it. Too many come out of jail with the attitude that “I’ve paid my dues, now I’m free to do as I please.” “And you should hear some of the stuff I learned!”

This friend I speak of and I have been good friends almost 25 years now. He is a straight up kind of guy and would not BS me. I know him and how this affected his life. And there is something keeping him out of jail, He is NOT a criminal, He was neglegent. I take it you have never been to jail.

So if I kill someone because I am just plain stupid (neglegent) I should not have to go to jail? Come on, that would probably let 1/2 the current prison population off. Like I said before I think people should be held accountable for there actions.

And I never said anything about murder. It would be neglegent homocide or involentary manslaughter. Shure it was carelessness and I

Well, I’m not trying to start a tiff with you, because I know you are a good guy. So I guess we will have to simply agree that we disagree.

However, It is my convicted opinion on these types of cases, that the ‘non-involved’ public reads just far enough into the facts to allow themto put on the “white hat”, identify with the victim, and launch a moral crusade that has more to do with their personal desire to puni***heir perception of evil than anything else.

And I simply hope that if I ever were to go to trial, I’d be tried and punished for my actual deeds, and not punished extra simply because the jury feels like evil is everywhere, and they have to use their one time opportunity to the maximum extent possible…

Salem witch trials being a extreme but accurate example of the injustice that can happen when criminal proceedings become centered more on making the jury feel better, than actually punishing the criminal for specific wrong doing…

I think there is a sadistic streak through society, that plays out all too predictably, where the thinking goes “a child was made to suffer, so SOMEONE MUST PAY” And it has more to do with making the person thinking that way feel good than it does have anything to do with justice AND IT IS THAT WHICH I THINK IS WRONG. I’ve seen it all too often, too

Now with more specific aim

A). Hard for me to say, not knowing the guy pe

No worrys. I know your not trying start a tiff with me.

I do not support which hunts or going off half cocked. And you are right, I don’t have all the facts. Hopefully the jury did.

I don’t have the opinion that “Someone must pay” just to balance out evil. That’s a lame way to look at it. What I do feel is that people should not get away with (or receive light punnishment) just because there actions were not intentional.

Take your traffic light senarial. That person took responsability for that vehicle when they turned the key and should have known better then to take there attention away from it operation. If they can’t handle that responsability then they shouldn’t be behind the wheel. But by turning the key they become responsable for that vehicles safe operation and they should be held accountable if they fail to do so. Just as the babysitter took on the responsability for the child and should be held accountable if she failed to do so, Which is the APPARENT case.

As to the guilt thing. It appears that you do not believe what I am saying and I have no leg to stand on to debate you on this. You’ll just have to take my word for it (Or not). I did get a chuckle out of your statement about handing him the phone to call the cops. What’s he suppose to say? “I don’t feel I served enough time, can I go back to prison for a while longer?” They would just laugh at him. What you are sentenced is what you are sentenced. You could no more easily spend more time then your sentence then you could get out before it ends. As the matter of fact you are entitled to big money if you are in jail beyond your sentence. That’s why you get an automatic 3 day kick (at least here in Cali) to give the jail 72 hours to release you (county time anyway). And some jails here take almost that long to book you out. Just try and stay in your cell when they tell you to roll it up and see how long it takes them to drag you out of there.

And I totaly do agree with you that the pun

I’m not really sure, just being honest with you. The first thought that occured to me while reading the story was that the gal shouldn’t have left the 3rd kid (her own baby) alone in the stroller while she walked the first 2 across, so the gal is extremely negligent

Keeping her away from kids (other people’s kids) looks like a good idea, which is why I mentioned an injunction.

I’m sure if the gal has any money, the parents will go against her for an “OJ” type civil suit.

The guys I feel sorry for are the judges. They have to sit and see this kinda crud day after day, and try to remain objective. I’ll bet that is a depressing job…seeing the lowest of the low day aftyer day.

I used to live about a 1/2 mile from this intersection on Monterey highway. What I don’t get is it’s straight rail through there and you can see the trains for quite a streach in either direction from there. How long does it take to walk two kids across the tracks and then go back for the stroller? I think not nearly as long as a train to come from out of site to the crossing. She must have seen it comming and tried to beat it. Bad move as I’m sure she now knows.

She should have gotton much longer and have to pay restitution the Family of the Child. In my Town I see kids run infront of the train a lot.