Thank You From Danielle Davenport

[qh4dotcom]

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]

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]

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]

Letter To The State Attorney

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]

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]

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!!!

:o

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.

 

[CurtisLow]

May his spirit rejoice in his new found freedom's




.

 

[daniroyer]

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]

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]

Thank you for the updates, Dani...I was glad to hear that my advice of contacting MADD has helped you so much.

 

[daniroyer]

Update

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.

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]

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]

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]

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]

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]

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]

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.
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.

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]

I wish your chipin was on CFL site...

 

[daniroyer]

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]

Okay, this is beyond depressing.

I am so, so, SO sorry, daniroyer.