Driver Who Mowed Down 14-Year-Old Now Suing, Blaming Victim’s Parents
- Posted on November 14, 2010 at 8:46pm by
Meredith Jessup
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HARTFORD, Conn. — A driver who’s serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim’s parents, blaming them for their son’s death because they allowed him to ride his bike in the street without a helmet.
Matthew Kenney, 14
Matthew Kenney’s parents, Stephen and Joanne, sued 48-year-old driver David Weaving shortly after he was sentenced last year to 10 years in prison, accusing him in Waterbury Superior Court of negligence and seeking more than $15,000 in damages.
Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of “contributory negligence.” He’s also seeking more than $15,000 in damages, saying he’s endured “great mental and emotional pain and suffering,” wrongful conviction and imprisonment, and the loss of his “capacity to carry on in life’s activities.”
“It drags the pain on,” said Joanne Kenney, a stay-at-home mom with two other children, ages 2 and 13. “It’s a constant reminder. Enough is enough. Can you just leave us alone and serve your time?”
Prisoners nationwide file tens of thousands of court actions a year on allegations ranging from wrongful convictions to poor jail conditions to civil rights violations, according to federal judiciary data. But lawyers and victim advocates say it’s not often that convicted criminals sue victims and their families.
Prosecutors say Weaving was recklessly passing another car at about 83 mph in a 45-mph zone when his car hit Matthew Kenney on Route 69 in the Waterbury suburb of Prospect on April 27, 2007. A jury convicted him in December 2008 of manslaughter and other crimes.
Weaving has five drunken driving arrests since the late 1990s on his record, four of which resulted in convictions. He was not charged with drunken driving in the Kenney case.
The Kenneys say Weaving’s license should have been permanently revoked in 1999 under state law because of the multiple convictions. They’re seeking permission from the state claims commissioner to sue the Department of Motor Vehicles and its commissioner, Robert Ward.
The department has acknowledged it made a mistake in not revoking Weaving’s license and said it has taken steps to prevent similar problems.
Matthew, a well-liked seventh-grader who played several sports, suffered severe head and internal injuries, broken bones and lacerations. He was declared brain dead the next day.
Weaving insists he was driving the speed limit and wasn’t acting recklessly when he passed another car in a legal passing zone and Matthew suddenly appeared in the road around dusk in wet, foggy conditions. He alleges Matthew and some friends were jumping their bikes off a ramp at the end of a friend’s driveway and landing in the middle of the two-lane road.
In his lawsuit, Weaving wrote that had the Kenneys “complied with the responsibilities of a parent and guardian and the laws of this state and not allowed their son to ride his bicycle without a helmet and to play out in the middle of Rt. 69 … this incident and Matthew’s death would not have happened.”
Joanne Kenney, 42, calls Weaving’s claims “unbelievable.” While she and her husband are paying an undisclosed amount of attorney’s fees, Weaving is filing his claims for free because he’s considered indigent; a judge has waived $500 in fees so far.
“I just think it’s crazy that they have the ability to do this behind bars,” she said. “I think inmates have too many rights. They’re the ones who committed the crimes, not us. And we’re the ones who suffer more.”
The federal government and several states, not including Connecticut, have laws and regulations requiring inmates to pay lawsuit fees as part of efforts to deter frivolous and malicious lawsuits.
Perpetrators don’t often sue victims, said Jeff Dion, director of the nonprofit National Crime Victim Bar Association. Its database shows about 485 cases of perpetrators suing victims out of more than 12,000 civil cases dating to the 1980s, he said.
Perpetrators who sue often do so in an attempt to get victims and their families to give up on their lawsuits, Dion said. They generally lose their cases.
“It can be very distressing to victims’ families and make them say, ‘I can’t deal with this,’” Dion said. “Justice can bring a sense of accountability and healing, but sometimes it’s not a very pleasant experience.”
He noted the case of “America’s Most Wanted” host John Walsh, whose 6-year-old son, Adam, was kidnapped from a department store at a Florida mall and killed in 1981. Walsh wrote in his book “Tears of Rage” that he and his family dropped a lawsuit against the store and the mall after being put through difficult depositions and facing questions about their own actions by the defendants’ lawyers.
“So, in the end, they broke us. We folded,” Walsh wrote.
Attorney Andrew Cates calls Weaving’s countersuit a part of the legal process. Cates is representing Weaving in appeals aimed at overturning his convictions — which were recently upheld by the state Appellate Court — but is not involved with the lawsuit involving the Kenneys.
“I can see their side of it. I’m a parent,” Cates said. “But I can also see the other side of it. If you‘re driving down the street and your car makes contact with a pedestrian and you think it’s the pedestrian’s fault, you have to raise the issue.”
State Attorney General Richard Blumenthal — just elected as the state’s next U.S. senator — and State Victim Advocate Michelle Cruz say they‘re appalled at Weaving’s countersuit.
“Blaming the victim is just offensive,” Cruz said. “It takes obviously a very unique individual to go after the family of a deceased child. I would say it’s an unsound lawsuit.”
Matthew was a popular student at Long River Middle School, a few miles from the accident site. A memorial Facebook page in his honor has more than 600 members.
“He was a loving kid,” Joanne Kenney told the AP. “He was a caring kid. He was a helping kid. He was a honors student. He played sports. He was full of life. He had so much to give.”
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Comments (71)
justice
Posted on November 15, 2010 at 5:22amMy husbands brother, picked up 12 times for drunken driving. Served only 1 yr incriments 2 times. The last one he got only 2 years. Where are mothers against drunk driving. He two has lost his licsence for life, but when he gets out, he will do it again, because they can.
Report Post »Edwardosan
Posted on November 15, 2010 at 4:27amWhere is the rock this POS crawled out from under?
Report Post »tbone0106
Posted on November 15, 2010 at 3:11amThe guy Weaving (what a name in this case!) clearly is a low-life, but because this particular case did not involve drunken driving on his part, I think his multiple convictions for same in the past should be considered sparingly, and only as they might reflect on whether or not his license should have been revoked at the time of the accident. Being a low-life, even one with five prior DUI’s, doesn’t make you automatically guilty of anything. Whether he’s guilty or not on the charges in this case, it’s not right for him to be characterized first and foremost as a repeat DUI offender.
Should he be able to sue from jail? You betcha! That’s the American way. The price of the few freedoms we still enjoy is exactly that — allowing anyone, even someone with a questionable pedigree, to sue.
Those of you who think otherwise, I’d ask you to consider — carefully — the alternative.
Report Post »Cool Arrow
Posted on November 15, 2010 at 11:57amBummer of a surname.
Report Post »Reminds me of that Far Side cartoon with the Deer having a birthmark shaped like a target.
burnteye86
Posted on November 15, 2010 at 2:55amThis POS needs a good A$$ wuppin. Bring him to me
Report Post »Conservative Democrat
Posted on November 15, 2010 at 2:52amOnce, while working as a Lieutenant in a Correctional Facility, I recieved a lawsuit from an inmate on death row. In his complaint he was suing the state for 10 million, then the County for 7 million, The Commandant (warden) for 5 million and then he listed ME for 2 million.
I went directly to his cell and demanded to know what this was about, he replied that he was worngfully convicted and was flagrantly mistreated while in custody. He told me all about his problems and why it was not his fault, and so on. I listened intently and in a stern and serious voice said
” Look I have ABUSED you more than anyone in this place, you could have the decency to sue me for at least 7 million, because I was WORSE than being screwed by the State!“ After that he was very quiet and respectful until we sent him to Stark to be put to death in ”old sparky”.
He lost his lawsuit.
In conn, what do you expect…living in a nanny state it had to be someone elses fault…not ever the one causing the death, in this case the driver.
Report Post »Lunar
Posted on November 15, 2010 at 2:51amNO see the prison system already has our fix in place it’s gonna cost almost nothing. This guy killed a kid even an older one, in prison, thats seriously frowned upon. A couple cartons of cigarettes will fix this and for an unremorseful child murdering scumbag, it would be a just end.
Report Post »Bevaboo
Posted on November 15, 2010 at 12:51amI think the family should counter-sue for harassment.
Report Post »Rowgue
Posted on November 15, 2010 at 1:03amThe family is already suing him. That’s why the statement by the mother saying she wishes it would all just be over is pretty stupid.
Report Post »joseph Fawcett
Posted on November 14, 2010 at 11:55pmthis is the world we have created with a run-a-muck goverment, court system, and our own egos. I hate to say this as a country we are to blame for this. What we have to do is change our personal lives first then change the goverment and the laws and get the courts back in line. It is a hard and long task and there are lots of people that will be against these changes. We have to do this for our own sanity and perservation as a free and independant nation. Glenn is right about a lot of things.
http://www.josephfawcettart.com western artist
Report Post »Quasimofo
Posted on November 14, 2010 at 11:32pmThere was a time in the old days, that someone like this would be paid a visit by, shall we say, “concerned citizens” and “persuaded” to change his mind.
Report Post »Butterfly2012
Posted on November 14, 2010 at 11:32pmI am not one to advocate violence BUT in this case I’d have to question my beliefs. This is disgusting. HE killed a boy by driving drunk at a high rate of speed and because he was punished,he wants the victims family to suffer even more. It just proves he is where he needs to be in the first place.
Report Post »ItsallaboutJesus
Posted on November 14, 2010 at 11:30pmJust when I think I’ve heard it all, and it can’t get any worse———–unbelievable!
Report Post »CaptainSpaulding
Posted on November 14, 2010 at 11:25pmCt.
What a shock.
Report Post »kraphtsman
Posted on November 14, 2010 at 11:08pmI hope this miscreant suffers as much mental anguish as he‘s caused the poor kid’s family, then gets mowed down himself when he steps out of prison.
Report Post »dontbotherme
Posted on November 14, 2010 at 11:02pmIt is time for our judicial system to exercise some common sense. Our laws need to be changed so that this type of immoral secondary attack on victims cannot be perpetrated by criminals behind bars (it is unconscionable that they do not have to suffer the financial burden for filing frivolous lawsuits). Perhaps justice will prevail & this killer will be haunted by the face of the child he murdered, every day & night for the rest of his life. Pictures of the young man should be plastered all over his cell & every where he goes. God have mercy on his dark soul because humanity will not be merciful.
Report Post »Sledgehammer
Posted on November 14, 2010 at 10:58pmI’m from CT., Here’s the plan. We are going to become pen pals with some of this slimes fellows prisoners, and see if maybe they will help this kids family out. May his time in prison be time served in hell!
Report Post »rojotx
Posted on November 14, 2010 at 11:13pmHa ha I like the plan. Kinda like the rapists, bottom of the “pile”!
Report Post »HillCountryPatriot
Posted on November 14, 2010 at 10:38pmWhere is this guy’s psychotic blood-thirsty cellmate when you need ‘em? Shiv this bastard for us already!
Report Post »Weave
Posted on November 14, 2010 at 10:35pmBecause a helmet really would have saved him from being hit by a car.
Report Post »KenInIL
Posted on November 14, 2010 at 10:32pmThe Secty of State and DMV Commissioner should be in jail too for not suspending this guys license earlier.
Report Post »Sledgehammer
Posted on November 14, 2010 at 11:05pmThe heats on in Fartford, er sorry that’s Hartford, but they are all extremely liberal in this state. I know, I live here, I feel so alone, and I like it that way!
Report Post »shane2813
Posted on November 14, 2010 at 10:28pmPut him on The Streets of Bakersfield we’ll take care of him for yah.
Report Post »MJ1025
Posted on November 14, 2010 at 10:19pmIt seems to me that Cloward and Piven is being taught to the prisoners to overwhelm the judicial system.
Report Post »Conserving Ink
Posted on November 14, 2010 at 10:13pmI wonder if they would be so upset if Sarah Palin wandered too close to some free roaming lawyers.
_____________________________________________
http://conserving-ink.blogspot.com/
DimmuBorgir
Posted on November 14, 2010 at 10:13pmeh, i can kinda see his point. some kids are just asking to be hit with the way they jump out in the street
Sledgehammer
Posted on November 14, 2010 at 11:02pmShut up man, your an idiot!
Report Post »Ronko
Posted on November 14, 2010 at 10:12pmThis is disgusting he killed the boy and now he wants money because he’s in pain. I hope the Judge forces him to pay all the costs of the case and then some when the suit is dropped because of the stupidity of it and the fact that he killed their son. I understand his reason that the kid should have been wearing a helmet but that doesn’t excuse what he did which is 84 MPH in a 45 MPH zone. This is Unacceptable period and this guy better pray that Bill O‘Reilly doesn’t hear about this cause he’ll blow a gasket and make things worse for this guy.
Report Post »RepubliCorp
Posted on November 15, 2010 at 12:27amIf it were up to me, there would be a special kind of hell for this guy.
Report Post »TheGreyPiper
Posted on November 14, 2010 at 10:12pmAny lawyer that takes that case should be disbarred. And I am one myself, I am sometimes sorry to say.
Report Post »molleighsgm
Posted on November 14, 2010 at 10:46pmGrey I agree completely with you. Huckabee gingrich… Inmate and prisoner are the same thing. I find it absolutely appalling that he is allowed to sue the victim’s family. I live in the state of Connecticut and I remember this story very clearly. It is very sad that the mom and dad have to go through this. He was going 83 when he hit this young man. He could’ve done great things had he lived. To blame a victim’s parents in my book is the lowest scum alive. I hope a judge throws his lawsuit out as frivolous and without merit. I am deeply sorry for the mom.dad and two siblings that are left to pick up the pieces now. The 2 yr old will never remember his brother and will need the 13yr old and his mom and dad to remind him of how great his big brother was. Very very sad and tragic story compounded by the senslessness being brought on by this scum inmate who doesn‘t deserve to talk let alone sue his victim’s family.
Report Post »Rowgue
Posted on November 15, 2010 at 1:01amPublic defenders can’t choose not to take a case.
grandmaof5
Posted on November 15, 2010 at 6:37amI hope that guy is on every “dance card” at that prison, and you can include his low-life lawyer too. My father-in-law was an attorney for over 50 years and I can’t fathom his taking a case like that. I bet his lawyer does nothing but hang around prisons looking for clients. This is definitely something the Bar Association needs to look at.
Report Post »Justthefactsmam
Posted on November 14, 2010 at 10:06pmDoes anyone else a problem with some aspects of our Judicial system??
Report Post »john seven eighteen
Posted on November 14, 2010 at 10:12pmYes, convicted felons should not be allowed to sue anyone! They should only be able to persue an appeal and nothing else. This just makes me sick!!!!!
Report Post »snowleopard3200 {mix art}
Posted on November 14, 2010 at 10:20pmYes I have a major problem with it; the criminals do have more rights in the courts than most of us citizens on the outside. Now, if there are legimate grounds for a suit to be made – abuse by guards, inhumane treatments, or in relation to appeals of their cases, then yes let them pursue it in the courts. Otherwise, just leave the victims the hell alone!!!
Report Post »Huckabee Gingrich 12
Posted on November 14, 2010 at 10:26pmNotice how the mother refers to Weaver as an “inmate”? He’s a PRISONER, not an “inmate”, and should have lost his right to file civil suits the second he was convicted. That’s one thing wrong with our judicial system right there. Hear me out, ladies and gentlemen: let’s cut the ridiculous euphemisms the media has crammed down our throats and start calling people what they are, which in this case is PRISONERS.
Report Post »thepatriotdave
Posted on November 14, 2010 at 11:34pmSounds like this jerk should have gotten the Death penalty. What a complete low-life!
PatriotShops.com
godlovinmom
Posted on November 15, 2010 at 3:08amas Jesus himself said…whoa to the lawyers….
Report Post »superbyelich
Posted on November 15, 2010 at 8:19amMaybe if we strip people of their citizenship when they commit a crime, that would make it so they wouldn’t have any rights… then they couldn’t counter-sue from jail…
Report Post »Marcobob69
Posted on November 15, 2010 at 8:20amCan you say “Frivolous Lawsuit”??? First he kills their son, now he want s to sue them for the boy not wearing a helmet? Unbelievable. I think if he loses, which he should(in my opinion), his sentence should then be DOUBLED. I wonder if he would still go through with it!!!!
Report Post »rlmeals
Posted on November 15, 2010 at 9:34amHuckabee, what’s wrong with “inmate”? We’ve referred to them as convicts or inmates my entire life (grew up in prison housing, dad’s a warden). I mean, I understand the PC semantics between “illegal alien” versus “undocumented worker” but I don’t get the “inmate” thing.
Report Post »Huckabee Gingrich 12
Posted on November 15, 2010 at 10:29am@MEALS
Report Post »The term “inmate” downplays the criminality of prisoners and makes being a prisoner sound more innocuous and normal. I don’t like it.
YesNdeedie
Posted on November 15, 2010 at 2:49pmThe judicial system failed the Kennedy’s by not incarcerating and/or permanently suspending his drivers license for his previous 5 DUIs. And, in agreement, once convicted, one should only be permitted to seek to appeal his conviction. That to should be limited to one appeal as long as there is no question (the evidence is overwhelmingly clear) of one’s guilt.
Report Post »dominke
Posted on November 15, 2010 at 7:11pmthe lawyers
Report Post »elfinmagic75
Posted on November 16, 2010 at 12:29amJust like someone I know with the initials BHO. It can’t be his fault, he is the victim. Was the boys fault that he didnt see the guy going 80+ MPH. He should have peddled faster. I highly doubt that a helmet would have saved this kids life. Now would be a good time to pass the law to make people like this have to pay if they file a frivilous lawsuit.
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