Yesterday Genell McInaw, 51, of Seaside Park, was sentenced to five years in state prison after pleading guilty to vehicular homicide charges stemming from the accident that killed Bob Popovics in a hit and run accident on September 23, 2024. She was charged with Vehicular Homicide, Strict Liability Vehicular Homicide, and Knowingly Leaving the Scene of a Motor Vehicle Crash Resulting in Death. Her delayed BAC was 0.87%, twice the legal limit in New Jersey.
I don't understand all the ins and outs of the legal system but in my gut and heart five years for taking someone else's life doesn't seem to be justice. Yes, accidents happen, but was this truly an accident? Accidents happen once, and it could have been anyone of us behind the wheel, truthfully, but was this a one-time "accident" or the end result of a continued and enabled pattern of reckless behaviors?
And who is to blame for the light sentence? Is it the the lawyers, the prosecutors, Judge Palmer, or the judicial system as a whole? Only a few years ago people were sentenced to years, even decades, for peddling what is now legal marijuana on the streets, with even stiffer penalties for doing so within a school zone. And in those cases there was no death, not even an injury. People are sentenced more for possessing porn, or stealing money from their church, clients, or even a bank. Yes, there are victims with every crime, but not resulting in death, and not causing a death and fleeing the scene.
A quick Google search came up with the above relating to New Jersey's Vehicular Homicide charges and penalties. The above are strictly related to taking a life while operating a motor vehicle where a death occurs. It seems if you kill someone with a car, and are under the influence, then the sentences are lighter then if you just went and killed someone with a weapon or your hands. As seen below,
So, again with not knowing the legal mumbo-jumbo that goes with charges, sentencing, and penalties, it all seems to come down to how the charges are written, how they are interpreted, and how the lawyers, prosecutors, and the judge handle the case. In Popovic's case it seems the "Hanging Judge" must have been off when this case was assigned. McInaw was sentenced to five years, and under the No Early Release Law in New Jersey, she will have to serve 85% of that, which makes her eligible for parole in four years and three months.
Again, knowingly going out and bar hopping, knowingly driving a car while intoxicated that could lead to an accident, knowingly and admittedly striking someone with a car, and LEAVING them for dead, should call for a stiffer sentence then five years. But, sadly, it is what it is.
But, what about all the events that lead up to that fateful night? How many people, and establishments, enabled this behavior for years before September 23, 2024? The Popovic's family has already filed a wrongful death suit against the saloons she hopped to and from that night, The Sawmill, Berkeley Cut Steakhouse, and Hooks Bar and Grill. She was a regular. This happened more than once. It was a pattern of reckless, and enabled, behavior. And what about her friends, family, and co-workers? Not to point blame, but histories of dangerous behavior often go noticed, and when bad things happen, isn't everyone in the know somehow on the hook for it? That is not to, in any way, shield her from her responsibility for what she did.....but?
Recently, I just finished teaching a six week course in psychiatric-mental health nursing. A large part of mental health covers substance use disorders, of which Alcohol Use Disorder falls under. It's a diagnosis found in the APA's DSM-V, which is the Bible used in psychiatry to diagnose mental health disorders. Many patient's with substance use disorders arrive there due to a family history or a trauma related past, and the addiction becomes both a physical and psychological dependence on substances, including alcohol and or drugs, or both. And sadly, while these disorders can injure or kill the patient themselves, often there are other victims; family, friends, and strangers. In news stories and comments I have read it appears McInaw might have suffered from a long history of alcoholism, or Alcohol Use Disorder. That's not a pass, but it's hard to have that diagnosis without other people being in the know.
For those patient's how many people knew, enabled, watched out for, made excuses for, and then said to themselves, "I knew this was going to happen?", in the end. How many establishments served her for years always having a watchful eye on that line, too much to drink on any given bender, and too much on board to drive? Locals are locals. Local hangs are local hangs. But dangerous patterns of behaviors will one day rear their ugly heads, as it did here. And again, her choice, her actions, and solely her responsibility. But the question I have is a sentence like this really a good deterrent to others who have, or will commit these same crimes in the future?
The truth is people have been driving drunk since alcohol was invented. We can see it everyday in the news. No matter how many horrific accidents happen and lives are lost these bahviors still continue. In this day and age don't you think breatherlizers would be built into every vehicle that comes off the line? Or at least an affordable option?
They are called Ignition Interlock Devices and are mandatory for drivers who have had a previous DUI. And some people have had multiple offenses. I'm not saying that every vehicle and every person should have to have one installed, but would it hurt? And what about having them at the local tavern? Yes, people with a problem do drink alone, but how many drive to their local watering hole, some each and everyday?
So the question is could I have been the one behind the wheel. I'm 58 now, and luckily still around. But how many times in my life, from the age of 17 until now, have I been over the 0.08 BAC limit? I can tell you a ton. I've never been pulled over, never been caught in a DUI check point, never had an accident, and thankfully never hit anyone. But, as I think back, what about all of those nights, and days, out. It started in high school and those weekend bashes when parents weren't home, and then at Seton hall, days as an ironworker and all those rain out days that landed you in the gin mills, the firehouse and the parties, retirement ratchets, and parades, opening the bar after long shifts on the ambulance, late nights out at the skier joints, Christmas parties, day drinking lunches and dinners, Mimosa filled brunches, repasts after funerals, hangs with the boys after a good days or nights fishing, The Fly Fishing Show hangs when it's not all under one roof, and even an innocent "Start me another" extra pint of Guinness before the hops or whatever sets off my allergies. Hell, add to it weddings and reunions and just everything else, and yes, it could have been me. Any day. Any night. Any year, for the last 41.
Jesus sat there and said to the townspeople who were about to throw stones at the adulterous woman, "Let him who is without sin cast the first stone". No doubt the wounds of Bob's passing have opened up wounds that may have begun to partially heal. And for that my heart goes out to Bob's family and friends. But, for many of us, if you are going to be honest, how many times over the course of your life have you been wearing the same shoes, with those shoes on the gas pedal? That's not said to excuse people who hurt people, and break the law, even in the midst of their psyhcological and physical dependence. Actions have consequences, it just seems in this case, and many, the punishment doesn't fit the crime.
Since Bob's accident I have been more aware of my drinking when it comes to driving. And I'm not talking about going out drinking and driving. But a few beers, that's all I drink, but I do like Mimosas at brunch from time to time, with friends or family or at the bar with Theresa is what I'm talking about. Two's my limit, along with some food. Anymore I know to stop or hand the keys over. Some people take a more responsible stance, if I driving I'm not drinking. Not. Even. One.
If you find yourself out and about with half a load on give your keys up, call a friend, call for an Uber. And if you find yourself drinking too much for too long then check yourself and get help, and there's tons of it out there. As part of my course I sent the kids out on an assignment. Find a local self-help group meeting and attend, in person. There's one for everything that may be your poison, Narcotics, Alcohol, Gambling, Sex, and Overeaters to name a few. You deserve better, your loved ones deserve better, and the victims of the result of addiction and bad behaviors deserve better as well.