Norfolk teen on probation for fatal car crash now faces OUI charge in Ashland

Discussion in 'New England' started by kwflatbed, Mar 10, 2009.

  1. kwflatbed

    kwflatbed Subscribing Member MC1+MC2 +MC3 91K+Poster

    [​IMG]

    Police
    Elizabeth Finnegan

    By Norman Miller/Daily News staff
    The MetroWest Daily News
    Posted Mar 09, 2009 @ 11:56 PM

    ASHLAND —

    A Norfolk woman who killed a man in a hit-and-run accident more than two years ago was arrested Sunday on drunken driving charges after police said they found her passed out behind the wheel of her car that had run off the road.
    Elizabeth Finnegan, 19, was arrested at 7:40 a.m. after police found her and Carrie O'Shea, 20, of Norfolk, passed out in her car, which had driven into a snowbank on Oak Street, police spokesman Lt. Richard Briggs said.
    Police found both Finnegan and O'Shea slumped over the center console. Neither could be awakened, and officers checked their vital signs to make sure they were alive.
    "Each was breathing," said Briggs. "It appeared their condition was from the alcohol, not from any injuries they received."
    Finnegan was already on probation in connection with the Dec. 21, 2006, death of Jeffrey W. Cardin, 48, of Wrentham. Finnegan, then 17, struck and killed Cardin, formerly of Millis, on Shears Street in Wrentham, authorities said.
    She turned herself in to police a few days later after hearing about the death on the news. She claimed she did not know she had hit someone.
    Finnegan was charged with leaving the scene of an accident after causing personal injury with death resulting. She was found guilty on June 6, 2007, in Wrentham District Court of a lesser charge of leaving the scene of an accident causing personal injury. She was sentenced to three years' probation to expire on June 4, 2010. Her license was suspended for six months.
    She was also ordered to remain alcohol and drug free, and she would be tested by the probation department. But the testing could have been stopped within a year if she had no new complaints against her.
    Finnegan also had to complete a program about brain injuries and had to pay $550 in court ordered fines.
    On Sunday, when the fire department arrived to take both women to the hospital, Finnegan woke up and fought with paramedics. She had to be strapped down to the stretcher until she calmed down, he said.
    The car was still in drive and running when police got there, Briggs said.
    Inside the car, police found a nearly empty bottle of 80 proof brandy, as well as two beer cans. They also found a small baggie of marijuana in O'Shea's purse, Briggs said.
    Neither woman could speak to police.
    "(Finnegan) was incoherent and could not answer basic questions, such as her name and her birth date," Briggs said.
    Both women were taken to MetroWest Medical Center, but both refused treatment.
    When officers told Finnegan they were going to arrest her, she struggled with them and tried to leave.
    She also refused to take a Breathalyzer and to sign any paperwork at booking that indicated that someone read her the Miranda rights, Briggs said.
    Finnegan, of 30 Rockwood Road, was charged with driving under the influence of liquor, driving a vehicle negligently as to endanger, being a minor transporting liquor and resisting arrest.
    O'Shea, of 158 North St., will be summoned to appear in Framingham District Court. She was charged with being a minor in possession of liquor and given a civil infraction for marijuana possession.
    Finnegan pleaded not guilty at her Framingham District Court arraignment yesterday and was released without bail. She is due back in court on April 22 for a pretrial conference.

    http://www.metrowestdailynews.com/n...tal-car-crash-now-faces-OUI-charge-in-Ashland
  2. kwflatbed

    kwflatbed Subscribing Member MC1+MC2 +MC3 91K+Poster

    Norfolk teen's OUI arrest outrages family of hit-and-run victim


    By Norman Miller/Daily News staff
    GHS
    Posted Mar 11, 2009 @ 12:36 AM


    Rosemary Walsh was considering dropping a civil suit against the teen who killed the father of her two daughters in a hit-and-run crash more than two years ago.
    But yesterday, when she found out Elizabeth Finnegan, 19, of Norfolk, was arrested again, those plans changed.
    "As recently as (Monday) I was trying to make a determination if we were going to go forward with the civil case," said Walsh. "This changes my point of view, because this child has not learned her lesson. This girl needs to be in jail in rehab."
    Finnegan was arrested Sunday in Ashland after police found her passed out behind the wheel of her car.
    Walsh, of East Freetown, said she was appalled when she found out that Finnegan was arrested, and then released without bail after her Framingham District Court arraignment Monday.
    Finnegan is on probation for the Dec. 21, 2006, hit-and-run death of Jeffrey Cardin, 48, formerly of Millis. He was killed when he was hit by a car driven by Finnegan in Wrentham.
    Walsh is the mother of Cardin's two daughters, Amy Cardin, 19, and Jennie Cardin, 14. Cardin also has a 26-year-old son, Jeffrey Michael Cardin.
    "I'm outraged," said Walsh, who was divorced from Cardin after 11 years of marriage. "I was outraged she could leave court without bail. My 19-year-old daughter went off to college this morning bent over in tears. My ... daughter was speechless. They are both literally, physically sick."
    Yesterday, at a hearing in Wrentham District Court, Finnegan was found to be in violation of her probation.
    She was released into a residential drug and alcohol treatment facility, according to Coria Holland, spokeswoman for the Massachusetts Office of the Commissioner of Probation.
    Walsh said she had called Finnegan's probation officer on Monday to see how her probation was going because the family had filed a lawsuit in connection with Cardin's death. Walsh said she had no idea Finnegan had been arrested on Sunday.
    The probation officer mentioned something happening in Framingham regarding Finnegan, but did not tell her Finnegan had been arrested. She learned of the arrest yesterday when she read the MetroWest Daily News online.
    In the fatal accident case, Finnegan, then 17, turned herself in a couple of days after the accident, saying she did not know she had hit someone. She was initially charged with leaving the scene of an accident causing personal injury resulting in death.
    She was ultimately found guilty in Wrentham District Court of the lesser charge of leaving the scene of an accident causing personal injury.
    According to court records, Finnegan was sentenced to three years' probation and lost her license for six months. She was also ordered to undergo drug and alcohol testing for at least one year.
    Holland yesterday said she could not discuss Finnegan's probation record, but Walsh said she was told by the probation officer that Finnegan was in "full compliance."
    On Sunday, Ashland Police found Finnegan and her friend, Carrie O'Shea, 20, of Norfolk, slumped over the center console in Finnegan's car, which was still running, resting against a snowbank on Oak Street. Inside the car was a nearly empty bottle of 80 proof brandy and some empty beer cans. Police also found marijuana in O'Shea's purse.
    Finnegan, of 30 Rockwood Road, was charged with driving under the influence of liquor, driving to endanger, underage possession of liquor and resisting arrest.
    O'Shea will be summoned to court on a liquor charge, police said. She was also issued a civil infraction for the marijuana.
    Finnegan is due back in Framingham on April 22.
    Walsh said Finnegan should never be allowed behind the wheel of a car again.
    "We're lucky she didn't kill a family on the way to church on Sunday," Walsh said. "I don't want anyone to have to be put through the grief we had to because of this girl's behavior. I would like to remind her that she has torn apart a family with her reckless, unforgivable behavior."

    http://www.milforddailynews.com/new...-arrest-outrages-family-of-hit-and-run-victim
  3. 7costanza

    7costanza Supporting Member

    Look at the smile on her stupid face....I dont hit women but would considering making an exception for her.
  4. 8MORE

    8MORE Masscops Angel

    This dangerous P.O.S. needs to have her grin moved to MCI Framingham before she kills from behind the wheel again.
  5. Simon

    Simon Guest

    gotta love our court system....... 3 years probation ? fucking joke.
  6. Nighttrain

    Nighttrain MassCops Member

    If this state actually wanted to put a stop to druk driving it would have already been done. Nothing will change, including ordinary folks getting maimed or killed by a-holes like this idiot.
  7. USMCMP5811

    USMCMP5811 Administrator Staff Member

    What a cunt douche bad
  8. NewEngland2007

    NewEngland2007 New Member

    I'm sure we'll get to hear all about how "troubled" the little cunt is and how she copes with alcohol. You know what honey? If it's that bad, please, I'm sure your mom's medicine cabinet is full of things you can quietly overdose on and make the world a better place.
  9. 7costanza

    7costanza Supporting Member

    We love it when you talk dirty :)
  10. KBH

    KBH New Member

    I just don't know how she can get off with out bail on both offences, he must be connected
  11. Wolfman

    Wolfman "Ultima Ratio Civis" Staff Member

    Gotta bear in mind that bail is an assurance that the defendant will appear in court, not a punishment for an (alleged) offense. If there's no history of defaults and no good cause why the defendant won't appear, there is no reason for bail.

    It may not sit well with many people but we still need to bear in mind the presumption of innocence - and hope that our courts will have enough moments of clarity to do the right thing when sentencing comes rolling around.
  12. mtc

    mtc High Priestess Staff Member

    Her probation should have been revoked and she should be chilling in Framingham.
  13. rg1283

    rg1283 MassCops Member

    Jail time. Don't hide at the psych hospital either if that is your plan. The police show up due to anonymous tips. :cool:

    First time okay bad enough, Section 35, I can understand being sorry. Should have went to jail for that. At least Section 35!

    2nd time or if you miss even one Probation meeting. JAIL! I mean the maximum penalty allowed by law.
  14. mtc

    mtc High Priestess Staff Member

    Which ain't much! :sad:
  15. Simon

    Simon Guest

    Teen In Fatal Hit-And-Run Skips DUI Hearing

    Victim's Family Says Justice System Failing




    POSTED: 6:14 pm EDT April 3, 2009
    UPDATED: 8:12 pm EDT April 3, 2009


    WRENTHAM, Mass. -- The family of a Wrentham man killed by a hit-and-run driver said the justice system is letting them down again.
    NewsCenter 5’s Bianca de la Garza reported that Elizabeth Finnegan was scheduled to appear in Wrentham District Court on Friday on charges of drunken driving, but the 19-year-old did not show up. Finnegan was convicted of striking and killing Jeffrey Cardin in 2006 and then leaving the scene of the crash, but she was not sentenced to serve jail time in the incident.
    Cardin’s wife and daughter, who showed up in Wrentham for Finnegan’s drunken driving trial on Friday, said that the justice system that allowed Finnegan to remain free is failing them again.
    “I think, once again, she hasn’t had to face the judge, she hasn’t had to face a jury or even us,” said Cardin’s wife, Rosemarie Walsh. Walsh said that Finnegan has been allowed to slip through the court system, despite serious offenses.
    “Where is your client? Where is this person that has been out drinking and driving a car and hurting a lot of people, and why doesn’t she have to face the legal system like everyone else?” asked Walsh.
    Police said Finnegan, who was ordered to remain drug and alcohol free for three years, violated her probation terms in March. Ashland police officers allegedly found her passed out drunk behind the wheel of a car.
    “Her mug shot was a picture of her smiling like she was on spring break, so she doesn’t appear remorseful,” said Bruce Raphel, an attorney representing Cardin’s family.
    Finnegan’s probation officer and attorney told the judge that Finnegan did not attend the hearing because she is in a treatment facility.
    Cardin’s daughter, Amy, who is the same age as Finnegan, said that she does not believe the Norfolk teen has changed since the night that her father died in the crash.
    “It’s a problem,” said Amy Cardin. “I’m not sure if that’s what she’s hearing where she is -- that she does have a problem and that she has hurt people.”
    “She wasn’t here and we couldn’t hear much that went on when they spoke at the bench,” said Walsh. “I think we feel, once again, very confused.”
    The judge ordered Finnegan to remain at the treatment facility. Finnegan’s lawyer declined to answer any questions about the hearing on Friday.
  16. CJIS

    CJIS MassCops Member

    What an idiot! That smile pisses me off almost as much of the fact that she will probably get another slap on the wrist for this one.
  17. mtc

    mtc High Priestess Staff Member

    She'll get off because she went into "treatment" - but we all know she's only "in treatment" as a defensive manuever likely suggested by the scumbag attorney.

    This little cee u next Tuesday deserves to be slammed by the court. Instead she'll be mollycoddled becaues she has a "problem".
  18. LawMan3

    LawMan3 Moderator Staff Member

    That little smirk makes my blood boil. I can recall a scene from American History X that would wipe that smile right off her stupid face. This is nothing to be smiling about.
  19. 94c

    94c Subscribing Member

    Not to make excuses but, why do I get the feeling that her parents are the type that would try to run over a trooper at Logan and then blame the police?

    Let's do an article on them.
  20. 94c

    94c Subscribing Member

    Although being connected might make a tiny difference,
    It's the entire system that can't handle itself.

    Included is the fact that it can't possibly be her fault.

    She's gone into treatment, will be remorseful, and promise it won't happen again.

    Hell, she might even adopt a child from a poor, starving country. Right after her lawyer says she's getting a job helping disabled children.

    Then the stress of being a productive member of society will cause her to relapse and strike a tree killing her passenger.

    That's when the Herald will print an article wondering what went wrong and how another family is devastated.

    Just sayin...
  21. kwflatbed

    kwflatbed Subscribing Member MC1+MC2 +MC3 91K+Poster

    Treatment ordered for Norfolk teen in OUI case

    [​IMG]
    Elizabeth Finnegan

    Judge holds threat of jail in probation case of hit-and-run driver

    WRENTHAM - A Norfolk teenager arrested for drunken driving while on probation for a 2006 fatal hit-and-run was spared a jail term Wednesday, but was ordered confined to an alcohol treatment center.

    Elizabeth Finnegan, 19, of 30 Rockwood Drive, was ordered confined to Serenity House in Hopkinton, which specializes in substance abuse treatment for young women. The treatment program lasts six to nine months, but can be extended to one year.

    Judge Emogene Johnson-Smith, who found Finnegan violated probation for her March arrest in Ashland for drunken driving, warned that she should would send Finnegan to jail if she fails to complete her treatment program or violates any of the facility's rules.

    "If she doesn't obey the rules and comes back here, I'm telling you, it's six months," Johnson-Smith said.

    Finnegan is on probation for the hit-and-run accident about 9:30 p.m. on Dec. 21, 2006, on Shears Street, in which a pedestrian, Jeffrey W. Cardin, 38, of 245 Walnut Road in Wrentham, was killed. Finnegan, who was 17 at the time, initially was charged with leaving the scene of an accident, death resulting. But the charge was reduced to leaving the scene of personal injury because authorities lacked proof that Finnegan caused Cardin's death, said her lawyer, John Gaffney of Dedham.

    Although there were no witnesses to the accident, evidence indicated that Cardin might have been laying in the dark road after he left the Anvil Pub and began walking home. Finnegan told police that she ran over something, but kept driving, according to court records.

    She pleaded guilty in June 2007, and was sentenced to six months in jail, which was suspended for three years with probation.

    Finnegan, who has been in an alcohol treatment center since her arrest in Ashland, will have to wear an electronic monitoring bracelet at Serenity House, if the facility can arrange it.

    She was also ordered to continue to wear the bracelet after her release from the facility until the end of her probation in June 2010.

    Two of Cardin's surviving children, Amy, 19, and Jeffrey, 25, told the judge during the proceedings that they wanted Finnegan sentenced to jail. But afterwards, they said they accepted the judge's decision and that they hoped Finnegan's gets the help she needs.

    "I hope the time in Serenity House will get her to understand the gravity of her actions and the consequences of her actions. I hope it helps her to be a better person in the future," Jeffrey Cardin said.

    "It doesn't change the things that have happened," Amy Cardin said. "It's treatment, but at least she is going to be confined."

    "I'm happy she's not driving and she's getting help," said Rosemary Walsh, Cardin's ex-wife and Amy's mother.

    During the emotional court proceeding in which Finnegan and family members on both sides wept, Finnegan turned to face Cardin's family and apologized. "I would like to apologize for violating my probation and I want to say I'm sorry for your loss. I really am," Finnegan said.

    Her father, Mark Finnegan, extended his sympathy to Cardin's family and pleaded with the judge not to send his daughter to prison.

    He said his daughter has changed her attitude since her drunken driving arrest and is taking her recovery seriously.

    "She does realize the extent of the dangers of her bad decision making," Finnegan said.

    After listening to the pleas from both sides, and the probation department, Johnson-Smith said she had to make a difficult decision.

    But, the judge said she thought punishment should be tempered with rehabilitation.

    Finnegan's probation officer told the judge that the program at Serenity House offered a longer term of treatment than Finnegan would receive if she was sent to the state's prison for women in Framingham.

    Johnson-Smith said nothing decided in court was going to "undo the pain" suffered by the Cardin family, and said that Finnegan might not have received the counseling she might have needed when she was sentenced in June 2007.

    "Serenity House offers a solution that may be both punitive and rehabilitative in nature," Johnson-Smith said.

    In Ashland, Finnegan's car struck a snowbank and police found her and a passenger passed out. She was charged with drunken driving, unlawful possession of alcohol and resisting arrest.

    That case is still pending.

    Treatment ordered for Norfolk teen in OUI case - The Sun Chronicle Online - News
  22. mtc

    mtc High Priestess Staff Member

    They can counsel her all they want. Untill this little douchebag grows up and take responsibility for her actions it won't mean a thing.

    "I'm sorry for your loss" Give me a fucking break !! How about "I'm sorry I'm a loser and killed your father, then ran away cuz it couldn't be MY fault!"

    Give me 5 mintues alone with her... just 5.
  23. LawMan3

    LawMan3 Moderator Staff Member

  24. Sam1974

    Sam1974 MassCops Member

    if i can thank you a hundred times for that i would...lol
    THANK YOU, THANK YOU, THANK YOU!
  25. Kem25

    Kem25 MassCops Member

    Ahh double triple secret probation with the promise "the next violation" lands you in a jail. What a joke! I am sure the victims family members were very happy to hear she STILL will not be going to jail.

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