Saturday, December 08, 2012

Dennis Drue: The Rush to Judgment

A few days ago I got a call about a drunk driving case. Early in the conversation I realized this was going to be different.

This was actually about the Northway accident that killed two Shenendehowa students. The caller was a 16-year-old girl from a nearby town. She had all sorts of questions about how the "killer" had been able to get his license back after multiple DWI convictions and other problems. She was very upset by the deaths, and looking for answers.

I hadn't heard about the case yet. But something didn't sound right. I started reading news articles and reading what Albany friends were saying about it on Facebook.

The newspaper reports indicated that Dennis Drue was driving another car and there was an accident between his vehicle and the Shenendehowa vehicle. There were suggestions that Drue had been drinking, and that his vehicle was going 70 or 75 mph, but these were not hard facts. It quickly came out that Drue's license had been revoked in February 2009 (over 3 years ago) for having 3 speeding convictions. It was reinstated in 2010, which is normal. He also had some criminal history but it also appears to be old (2008) and fairly minor. Then there are more recent allegations from his landlord.

One friend of mine on Facebook demonstrated the vitriol directed at Mr. Drue:

he has multiple convictions for speeding which resulted in his suspended driving priviliedges for a year, ... Couple that with multiple instances of illegal substance abuse arrests/dealing complaints or ticketing, and oh by the way observation by police, ... he is a drug using, drug selling lowlife.

And there's this lovely image accusing Drue of causing these deaths because he "had a party behind the wheel."

Source: DWI Hit Parade

Despite multiple reports that no charges have been filed against Drue yet, some say charges against him are "pending." Examples include News10 and YNN. That seems to be false and arguably actionable defamation. There's no indication he ever had a DWI arrest before. There are suggestions of drug problems, but at the same time he appears to have been doing well in school.

Initial anger that Drue may have been drunk appear to have been false, as the blood test report came back low. Now they're looking to see if there are any other drugs in his blood. Even if they do find something, it will be difficult to prove such drugs "impaired" his driving.

While some are labeling Drue a murderer, we do not know yet how this accident happened. Police appear to be doing an accident reconstruction. They will use tire marks and other marks on the pavement, along with other evidence, to try to piece together what happened. Accident reconstruction is far from perfect. We had a case in Saratoga County where the police reconstruction had my client's 5' long motorcycle making tire marks that were 7' apart. Indeed, one news report indicated that one of the victims was ejected from the vehicle. This suggests she was not wearing her seatbelt.

It is unfortunate that so many people have rushed to judgment on Dennis Drue. We don't know yet what happened, and we may never know for sure. His lawyer, Steve Coffey, deserves some credit for trying to bring out Drue's positive side: Troy Record.

We all feel for the victims and their families and friends. But this is a time for calm, reasoned review, rather than hasty and angry judgments. While Drue may or may not be responsible for this crash, we should look at all possible ways to prevent such incidents and minimize the damage that causes.

36 comments:

Anonymous said...

I totaly agree. The news reported that he was drunk with no proof. He may be fully responsible or partially or not at sll. I am giving him the benefit of the doubt. Because the two were killed, we would like to have someone to blame. But until we are sure do not cast blame.

Anonymous said...

The power of the media (and social media) is amazing. Mr. Drue has been convicted in the court of public opinion even if the facts to support this conviction are sketchy. Thank you for writing this blog since there aren't other voices examining this "rush to judgment." Should drunk / impaired drivers be responsible for their actions? Absolutely. Do we know what Drue's BAC level was? No, because the DA cites "ethics" when refusing to disclose this. Funny, the police, prosecutors and media had no problem digging up every piece of dirt of Drue (and making it public.) If they are so concerned with ethical disclosure, why release anything until the investigation is complete?

Your's is the only article that I've read that has articulated the need for restraint before "rush to judgment."

Anonymous said...

I was recently reminded of a fact that is clearly demonstrated in this case. "A lie is a lie even if everyone believes it; the truth is the truth even if no one believes it."

Anonymous said...

I agree - I've had so many speeding tickets in the past as well as a marijuana arrest yet I am very successful with a good education & job. You can't hold those high school convictions against the person, especially such small ones. 70-75mph isn't really that fast and it could be someone else made a mistake on the road. Don't be so quick to blame Dennis, as he doesn't seem half as bad as some of the kids I know that are walking around free today.

Anonymous said...

Thank for taking the time to write this. As tragic as this accident is, it's far from justice to slander and falsely accuse someone of committing a criminal act or wrong doing with out all the facts. I do not know drue but from what I've read, sounds like he's made a few mistakes in his life like all of us. It's sorta backwards how people who don't even know the victims are glued to FB just posting away to make themselves look good to their community. If these were such wonderful people, then they would not rush to judge this man. They would have compassion for his suffering as well instead of trying to point the finger. Such fakes. I've lost much respect for the shen community.

Anonymous said...

Thank you for sharing your thoughts regarding this case.

I, too, felt that something didn't fit when the SP came out so quickly with the 'facts' when the survivors hadn't even been interviewed.

I'm appalled at the attitude they had during the press conference "assuring" a charge for Drue!

There seem to be facts which could have been shared...did the driver of the SUV have his junior license or his permanent? Who was/wasn't wearing their seatbelt? The accident happened in the 55mph zone, yet the SP stated in the press conference that it happened in the part of the northway that was "about 65mph". Is that to take any culpability off the young driver because he was speeding, too? Were there any tire marks from either vehicle? In an interview with Bailey, it was printed that she said she remembers the "bump" from getting hit. That memory doesn't seem to match the various versions of the impact. It sounds like both cars were setting up to exit the highway as one lived less than a mile from the crash according to a newspaper report and the accused also lived in the area. Something just smells!

WHEW! There is lots more and I only trust that EVERYONE involved take the time needed to figure out as much of the details as possible before continuing their attacks and accusations.

Prayers to all 5 of the victims and their families through this extremely difficult time!

Anonymous said...

Thank you for your post. I am grieving with the rest of the community for the lost lives. And I and others have also been praying just as hard for Dennis. I hope he knows that no matter the outcome his life is of value. He will have his own remorse and self-judgment to contend with as he moves through this disaster and awaits a legal outcome. What he needs from his community is forgiveness and compassion. Hatred does not bring back the lives of those lost. Those among us without sin... cast that stone!

Anonymous said...

Thank you for your post. I am grieving with the rest of the community for the lost lives. And I and others have also been praying just as hard for Dennis. I hope he knows that no matter the outcome his life is of value. He will have his own remorse and self-judgment to contend with as he moves through this disaster and awaits a legal outcome. What he needs from his community is forgiveness and compassion. Hatred does not bring back the lives of those lost. Those among us without sin... cast that stone!

Anonymous said...

It's not the Christmas that Dennis planned either. My prayers are for the victims and their loved ones as well as for Dennis and his loved ones.

Anonymous said...

I was surprised and disappointed by the way the police and news media have treated Mr. Drue. Do they have the right to reveal breathalizer tests to the public. After seeing how this boy had been convicted, should anyone agree to such a test after an accident or stop, When they reported his blood test, it was reported as low. Either he was over the legal limit or not. The public has agreed to these limits and we cannot convict someone who gets in an accident if he was below the limit. If we want a law that prohibits any drinking and driving then we need to make that change. The media needs to take a hard look at what they have done to one young life in the name of the other young lives. Shame on the police and the local media.

Anonymous said...

I have been quite troubled by this lately as I read more media posts focusing on the drunk driving aspect of this tragic accident. As we wait to find out Mr. Drue's fate I feel we are horribly remiss in seeing a bigger picture - a huge teaching moment to our youth...and all drivers- seatbelts save lives!!! As I understand it the two teens tragically killed were ejected from the car and were not wearing their seatbelts. The other two who survived (and were released from the hopsital rather quickly) had their seatbelts on. I feel very strongly that we MUST get this message out to our youth and teens to protect themselves anytime they are in a vehicle! Seatbelts are the best protection in rollover accidents to prevent spinal cord injury, brain injury, and death! Please spread the word- Buckle Up!!!!

Anonymous said...

I am appalled by this blog and all the comments. I will have all of you know I knew all 4 kids in the Shen vehicle, they were all good kids and all had their seatbelts on. The driver was actually crushed and not ejected, so get your facts straight, the poor girl who was ejected had her seat belt on but because Drue hit their vehicle with such force it flipped then hit a tree and split in 2. The force was such that she was ejected, her seatbelt basically was not enough to hold her in. The other poor boy in the back would have been ejected as well if it had not been for the car bending inwards and held him in, he had his seatbelt on as well. The man that hit him we know was drinking and we will never know the affects the amount really had on him, he was also driving wrecklessly with little to no regard for anyone else on the highway. Who cares if his school work was ok, he is a horrible person with NO remorse. That is a fact which has been reiterated by ever first responder and trooper I have been in contact with that were at the scene that night. And YES we are all very angry because he took the lives of 2 very wonderful children and have ruined the lives of many others, as well as the families of all of the victims. This was an absolutely avoidable tragedy and Mr. Drue is a murderer who should pay for his indifference to human life and for the pain and suffering he has caused.

Unknown said...

I certainly appreciate the passion people feel about the damage to the victims of this crash. But that doesn't support a rush to judgment.

"all had their seatbelts on. The driver was actually crushed and not ejected, so get your facts straight, the poor girl who was ejected had her seat belt on but because Drue hit their vehicle with such force it flipped then hit a tree and split in 2. The force was such that she was ejected, her seatbelt basically was not enough to hold her in."

How you can know that. We in the general public certainly do not know. We will see when, or if, the accident reconstruction is made public. It is unfair to to label Dennis Drue a murderer based on anonymous people claiming inside information.

Anonymous said...

That is fine we can just drive however we want and take two innocent lives of two teenagers. Im sure if these were any of your children it would be different but since it is not all of you people feel the need to have a rude and nasty comments. You should all be ashamed of yourselves. How about you all go home and look at your children and think about them being killed by a reckless driver who was being reckless for what? What was the rush that he was driving that way. If this was your child you would not at all be supporting dennis drue. He lost his license once before for speeding tickets and dmv gave him another chance. CLEARLY he did not learn his lesson now look two beautiful lives are gone forever. But I mean come on lets just keep giving dennis drue second chances to keep fucking up. He deserves to be in prison for the rest of his life but if he makes his way out of this mess with nothing he will always be the most hated man in the 518 and will have to live that way for the rest of his life.

Unknown said...

I'm not supporting Drue. I'm saying we don't know what happened yet. Your rush to judge him demonstrates a scary disregard for due process. I've represented many innocent people who were presumed guilty. When it's over they rarely get any sympathy for the brutal process they endured.

Anonymous said...

Mr. Redlich, These people the angry ones posting here know not about forgiveness. They are bitter and judgemental. Its hard for people like that to have any sort compassion. If anyone we should feel sorry for its them. Innocent until proven guilty. I don't see where Drue was proven or found to be guilty of a thing as of yet. But, he's been dragged through the mud to look like a monster. That is not just right there.

Anonymous said...

Does any one know if the driver of any of the other teens in the Explorer had a full license or a junior license?

Anonymous said...

Has anyone told Mr. Drue that Matt Hardy would like to forgive him face-to-face? Though I understand that this blog is primarily about the legal process of judgement and due process (and rightly so), there is another deeper healing that must occur in order for the pain of all affected to subside. Forgiveness. We all miss the presence of Deanna and Chris. None more so than Matt. When we follow his lead we will heal. It would be wonderful if Dennis could receive this forgiveness and move on. He has two little babies of his own and his own young life to piece back together.

Anonymous said...

@ Above poster, you are so right. Someone needs to inform Drue. I am so impressed by this young man Matt. For he knows that forgiveness is the key to healing. Seriously a true example of compassion and humanity. On a side note, I've heard many rumors the teens were drinking. Of course rumors can be just that rumors, but I really wonder if that is the truth? I'm aware that the Shen school system has a higher national average as compared to other schools with regards to underage drinking and drugs. Many articles can be found about this on google.

Barbara said...

I agree with Anonymous 11:55 a.m. Warren, I'm afraid your point is going over the heads of some of the commenters. Just because the kids who died were popular and the guy in the other car is evidently something of a loser, what, should we just assign the blame to him without investigation? Sometimes groups of adolescents in the same car make driving mistakes because they distract each other. I personally feel that newer drivers should avoid the Northway because it is a road best left to the experienced.
I don't like the media trend of exploiting the tragedies that feature attractive victims, either. Imagine if you were the parent or family of someone considered a lesser victim by the press. How would that feel?

Anonymous said...

I just have to comment on the fourth post above: "70-75mph isn't really that fast and it could be someone else made a mistake on the road". A posted speed limit means that is the maximum speed allowed; it does not indicate the minimum speed for that roadway. The speed limit on I87 is at most 65 mph, and anything over that is illegal and dangerous. Aggressive driving kills people, whether the driver is impaired by drugs or not. Even if someone else "made a mistake", once the crash occurred the momentum from his speeding vehicle caused more damage to the other vehicle, more severe changes in the other vehicle's trajectory and also increases the injuries considerably. Given Dennis Drue's past history, even if only some of it is true, he has shown enough disregard for the safety of others on the road that his driving privileges should be permanently revoked.

Unknown said...

"The speed limit on I87 is at most 65 mph, and anything over that is illegal and dangerous."

No, going 75 mph is not dangerous. Sorry. That's just plain ridiculous.

I've handled speeding tickets, DUI, and personal injury cases for nearly 20 years. Speed has rarely been a significant factor in accidents that I've seen.

Anonymous said...

Mr. Redlich. I read on this RIP Chris Stewart page on facebook, bumper stickers are now being created that say RIP Chris and Deanna don't drink and drive. Now is that not further slander towards Drue? He was not DRUNK as the latest reports indicate. So how can these people get away with this? Unless the teens were drinking and the message is really for them. Do you have any idea? I think their is way more to this story then is being told.

Unknown said...

I don't think that would qualify as slander, no. But it's not really my area of law.

Anonymous said...

Mr. Redlich, what sort of education did you receive in accident reconstruction? If you have none, then how can you state with certainty that speed is rarely a significant factor, or that driving over the posted speed limit is not dangerous? In this particular case, the speed and recklessness of the driver who caused the fatal accident may be the most important factor. Aggressive driving puts everyone else on the road at risk. But we should all remember that you do not have an unbiased opinion, given how you earn your living.

Unknown said...

I've worked on thousands of cases. Try arguing with someone else.

Unknown said...

Unbiased - I make more money if someone is at fault. How does this bias make me unreliable? You're arguing for the sake of arguing.

Anonymous said...

No, just refuting your glib assertion that speeding is not dangerous. It is at the very least illegal.

Anonymous said...

I feel really bad for the kids that are no longer with us but I also feel bad for Dennis Drue. Why can't people realize that this was an accident and had nothing to do with drinking and driving, thats why they call something like this an accident .. This young man will live with this the rest of his life so why can't people just leave him alone?
Dennis Drue if you are reading this I want you to know that I"m praying for you as are many other people and I sure do hope that this does not ruin you for life because many of us do beleive that this was an accident and that you are very sorry for that. Please keep your head up as many of us are with you all the way.
May GOD bless you and watch over you.

Anonymous said...

@10:04 So well said. I agree with you. This was not a drinking and driving accident. I'm going to add that I think it's so awful pathetic of people to be selling bumper stickers that elude to that.There are plenty of other productive ways to gather monetary gifts for scholarship funds.I Feel for the familes & friends but I think they are all playing the blame game due to denial over the loss of the kids. They need to reach acceptance as tough as that may be. Accidents happen everyday & you don't see this kind of over the top continous talking about it. It's too bad. Drue, Don't know you but seriously I feel for you from the bottom of my heart. YOU are not bad. Don't let the Shaker/ Shen communities make you feel as though you are. They should take a good look in the mirror and learn how to accept and FORGIVE. Prayers for you Drue. Hope they have not a thing on you.

Anonymous said...

Do we know if there was a problem with his car....tire blew out etc.............don't be so quick to judge,,,,,,,,

Anonymous said...

Not quick to judge...but lets face it, regardless of what the blood alcohol level is, for some people one drink is one too many. Couple that with whatever else was in his system (even if it was cold medicine) and you get an impaired driver. Speed limits are posted for a reason; DUI/DWI laws are in place for a reason; illegal drugs are illegal for a reason. For God's sake, it was his fault! Make him own it! This is what's wrong with society today - if you do what you are supposed to and don't do what you're not supposed to, innocent people rarely are killed. Fact.

Unknown said...

For Pete's sake, we do not know whose fault it was yet. We may never know.

Anonymous said...

I know nothing about Law, except the fact that everyone is entitled to a fair trial. I don't see how this kid can get that with the way the Shen community has made this accident a huge deal. I think they need to not have a trial anywhere near the capital district. Shame on you Clifton Park. Have much respect for the Rivers and Hardy family who have choose not to be so public that's the way it should be.

Anonymous said...

His driving record and the amount of time he's been trouble is awful!
He (Dennis) comes from money, and they've bought his out of trouble before and will do it again! His parents should stop enabling this behavior!

Anonymous said...

This whole " Acccident" has been made way to public.Hope our justice system serves Drue in a fair manor. The kid has been dragged through the mud and he deserves a fair trial. Accidents happen everyday. What makes this one so special is my question?