Toyota Driver Rejects Plea Deal That Would Spring Him From Minnesota Prison (Koua Fong Lee)

[Omaha Steve]

Source: ABC

Koua Fong Lee Says He's Innocent And Will Not Plead Guilty Despite Promise Of Immediate Freedom

By ANGELA M. HILL and SUSANNA SONG

Koua Fong Lee, the Minnesota man jailed after his 1996 Toyota Camry sped out of control and killed three people, has rejected a plea deal from prosecutors that would allow him to go home a free man today, but would still brand him a convicted felon.

Lee, who has been serving an eight-year sentence in state prison for vehicular manslaughter, is in the fourth day of a hearing to determine whether he is entitled to a new trial. According to ABC affiliate KSTP, Ramsey County, Minnesota prosecutors said Lee could return home to his family if he accepted their offer to plead guilty to felony manslaughter and be released immediately. The terms of the plea would mean Lee would still be a convicted felon with 15 years of probation and his driving privileges would be suspended for 10 years.

Lee, 32, said no to the plea deal.

His defense attorneys told KSTP his reason for rejecting the deal is because he continues to maintain he was pressing the brake at the time of the accident and he is not a felon.


Read more: http://abcnews.go.com/Blotter/koua-fong-lee-driver-rejects-plea-deal-spring/story?id=11333090

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Koua Fong Lee wipes his eye as he is interviewed Feb. 24, 2010 at the state prison in Lino Lakes, Minn., where he is serving a sentence for a fatal accident involving his 1996 Toyota Camry in June 2006 in St. Paul, Minn., that killed three people.
(Jeff Baenen/AP Photo)


Lee's 1996 Toyota Camry hit Javis Adams' Oldsmobile at a speed between 70 and 90 miles per hour. Both Javis Adams Sr. and his 10-year-old son were killed by the impact. Toyota had issued a recall for some 1996 Camrys because of cases of random acceleration caused by a flaw in the cruise control. The recall was not presented into evidence at Lee's trial. (St. Paul Police Department)

More photos with FULL story at link.

[Hawkeye-X]

1. With new evidence coming from Toyota, I think Lee has made the right decision

And justice will prevail, freeing him from any punishment and probation, while the state of Minnesota reimburses him for time lost, as well as Toyota getting their asses sued.

[hlthe2b]

2. I do too... That plea agreement was lose-lose for this guy...

(although quite a good deal, had he taken it, for MN and Toyota)...hmmmmm. Makes ya think, doesn't it?

[Tempest]

3. Toyota doesn't want the details of their cover-up exposed in court

The car he was driving wasn't on the official recall list, but was on an internal list they didn't release.

[proud2BlibKansan]

4. Link?

[Omaha Steve]

7. Looking for a better one

Last paragraph: http://www.aolnews.com/article/jailed-man-blames-toyota-for-fatal-crash/19380139

Searching the National Highway Traffic Safety Administration's database, CNN was able to locate "at least two dozen" complaints from owners of the '96 Camry concerning "vehicle speed control."


http://www.firstcoastnews.com/news/news-article.aspx?storyid=152566

While the '96 Camry is not a part of Toyota's recent recalls and its acceleration system has a different design than the recently recalled vehicles, it has received some complaints about sudden acceleration, according to a check of the National Highway Traffic Safety Administration's complaint database.

One driver complained last year that a '96 Camry started accelerating without warning and reached speeds of 60 to 70 miles an hour. "He had to crash into a tree and another vehicle to stop the car," the complaint said.

[obxhead]

8. Couldn't put it in neutral and stop huh?

Just had to drive into a tree.

ok. :eyes:

I'm in no way saying Toyota is innocent, but not knowing how to stop your car with a stuck accelerator is criminal in my mind. When driving a deadly weapon you should know every way to stop that weapon in any circumstance.

[Butch350]

9. I agree with you 110% *** BUT ***

Things happen really fast in a situation like that - and most people just panic and hit the brake peddle
as hard as possible and in that state of panic, rationale thinking goes out the window.

Everyone out here in the everyday world is not as cool of cucumber as you my friend. (stay thirsty)

[Omaha Steve]

10. Once most Toyotas are moving with an automatic transmission you can't put it in neutral

Is is electronically controlled. And you can't just turn the key off. Remember a certified driving instructor and his family died last fall. He called 911. That was the accident that started the Toyota unintended acceleration ball rolling. There is a special instruction to turn on the ignition when driving too. IF you didn't read it and remember it, you can't turn off the moving car. It takes 3 second to boot. How far would you travel in an accelerating car before 3 seconds is up? And Toyota refused it's own technicians advice for a simple (cheap) brake override.

[obxhead]

12. As an operator of any vehicle it is your RESPONSIBILITY to

read the documentation and fully understand all the things needing to be done to stop a car in various emergency conditions. Lack of knowledge is not a valid excuse.

The brake override issue is simply insane. It's more proof that we need to take a serious look at all safety regulation and its enforcement.

[AngryAmish]

18. I have to apologize for my fellow DUers here

They do not seem to understand how one must act under complete control in a panic situation that is completely outside their entire life's experience as well as not showing proper deference to your expert use of all caps.

[Tempest]

26. I gave up on him posts ago

His argument got more and more bizarre.

He apparently has never been in a high pressure, high stress with little reaction time available situation.

[elleng]

11. sure, nothing to it, just slip it into 'neutral' while car is charging ahead at 60 mph!!!

[obxhead]

13. Yup, nothing to it. Not much different than shifting to 5th gear

while running 75 on the highway. In fact with an auto trans you even get to skip the clutch part. If you can't handle that simple operation then you should not be operating a vehicle of any kind.

[elleng]

14. NEUTRAL is not a running hear, ya know! Its NOT like shifting into 5th!

[obxhead]

15. You are correct, it's far easier. Usually don't even have to hit a

button. Just push towards the N. Again, if you can't handle that you are a danger to society and should not be operating what can become a deadly weapon.

[elleng]

16. I'll try to remember that, after 45 years w/o accident or moving violation.

Thanks so much, obx.

[obxhead]

17. You're welcome. It's a great idea to practice it at a low speed

if you are uncomfortable with a procedure.

I also have a wonderful driving record, but I am mentally prepared and knowledgeable on how to stop any vehicle I drive if a mechanical failure makes that vehicle run out of control. That is my responsibility to the other drivers and pedestrians when operating a vehicle and I take it seriously.

[RamboLiberal]

19. Your weren't there so I don't think you know exactly

what happened. Driver may have had seconds. How can you call it criminal? How do you know there was anything else to crash in to stop the car? The guy had his family in the car - would you crash in to a tree in that situation?

You can sit here behind a keyboard and pass judgement. A keyboard driver.

And do you remember every damn detail in your auto's manual? And if you have a rental there's no manual. I guess you take the time to pull over in a rental & look up & read the manual online? Guess the CHP driver that crashed should've done that with the Lexus loaner he had.

This guy's (case being discussed) car zoomed up an exit ramp. In my experience most exit ramps are not that long. Even shifting into neutral may not have made a difference in much reduction of speed if he was coming off at highway speed. And there may not have been much in way of obstacles to hit to even slow down except for that car ahead stopped at light. And if it had been downhill neutral would've done squat.

Lee, a recent Hmong immigrant with only about a year of driving experience, was driving his family home from church on June 10, 2006, when their Camry zoomed up an Interstate 94 exit ramp in St. Paul. Police said it was traveling between 70 and 90 mph when it rear-ended an Oldsmobile stopped at a red light.

http://www.salon.com/wires/allwires/2010/08/03/D9HCBNR00_us_toyota_fatal_crash/index.html

Lee was driving his wife, their 4-year-old daughter, his brother and his father home from church on June 10, 2006, when he took the Snelling Avenue exit off eastbound Interstate 94. He testified that the car seemed to slow on the slight incline of the ramp, but then it accelerated. He dodged other cars before slamming into the Olds...

http://www.startribune.com/local/stpaul/99881514.html?page=2&c=y
Yeah, this driver didn't have much experience. But you don't get experience except by driving. Maybe we all should get airline pilot type training. And even pilots have crashed when put in to situations where they only have seconds to react. Later it may be found if they only did this all would've been saved.

[obxhead]

22. I was commenting on the driver that had made a complaint

A totally different incident than Lee.

Yes, if I were to rent a car I would know fully everything I would need to do in an emergency to stop the vehicle. A borrowed or rented car is not an excuse imo to be unprepared for an emergency situation. Driving is a responsibility, not a passive spectator sport.

[RamboLiberal]

23. You must be the .00001%

Unexpected shit happens. Good luck and may it never happen to you.

[obxhead]

25. It has happened to me

In a 1971 Lincoln Continental 2 door. 460 big block 4 barrel carb. Gas stuck, taping it sent it all the way to the floor which even as big as that car was it still accelerated fast. Shifted to neutral to get it to stop before a major intersection. Nothing tragic happened because I reacted swiftly and with deliberation in a proper manner instead of panicking because I didn't know what to do.

Uncontrolled panic is a result of not understanding what to do in a unexpected situation. Lack of understanding is not acceptable in my mind when controlling dangerous equipment, autos, or tools.

Edit to add:

This happened at the age of 18 with only 15K miles of experience under my belt as well.

[kestrel91316]

31. So, in the event that you are ever in a car accident, we can expect that you will

accept full responsibility for your negligence in failing to control the vehicle at all times?? I mean, if you are SO VERY PERFECT, any accident you get in would have to be due to your deliberate criminal actions?

And the same goes for any damage you might ever cause to another person's property in any circumstances. Because there are no "accidents" - just criminal negligence.

Please come to my office and scuff the floor so I can sue you and have you arrested for tagging.

[Merlot]

27. Quite a good deal for MN prosecutor and Toyota indeed

That was my first thought. Good for him for standing his ground.

[grace0418]

5. This poor guy and his family. As if it wasn't hard enough to end someone's life through

no fault of your own. Then to be convicted of a crime because of a car company's cover-up...that's just too much to bear.

[SoapBox]

6. WTF? They wanted him to do a "plea" deal? NO WAY!

Good GAWD...this whole case just makes me nuts!

Let him out of that prison...NOW!

And someone needs to PROSECUTE the PROSECUTORS!

[RamboLiberal]

20. Judge orders new trial for Minnesota man imprisoned for Toyota crash that killed 3

ST. PAUL, Minn. - A Minnesota judge has ordered a new trial for a man sentenced to eight years in prison for a Toyota crash that killed three people.

Koua Fong Lee of St. Paul had insisted he tried to brake his 1996 Camry before it plowed into a car as he exited a St. Paul freeway in 2006. The 32-year-old's case got a new look in the wake of Toyota's widely publicized problems with sudden acceleration in newer-model Toyotas.

Lee's attorneys had argued evidence backed up Lee's account he was trying to brake. They also argued his defense attorney did a poor job.

Prosecutors had opposed a new trial, saying there was no compelling new evidence.

http://www.startribune.com/local/100054724.html?elr=KArks:DCiUHc3E7_V_nDaycUiacyKUUr

[bitchkitty]

21. That fact alone, that he refuses to plead, shows his innocence.

For God's sake, they need to let this man go!

[RamboLiberal]

24. For all our DU Keyboard Drivers who know just what to do

If they found themselves in this guy's situation - he had 600 feet to stop the car. I got that from DA's website. Not a helluva lot of time to react if this indeed was a runaway acceleration.

Mr. Lee testified at trial that he had been driving on the highway at 55 to 60mph (page
25), that he had maintained speed as he drove up the exit ramp but he slowed a little bit
due to the hill (page 26). At the top of the hill, he could see cars ahead of him (page 27),
and he tried to brake starting at the point where Concordia meets the ramp (page 30).
When he stepped on the brakes, they did not work (page 33). The in-car witnesses
essentially supported this description.

I visited the scene, and noted that the traffic lights at the top of the ramp are not visible to
someone driving up the ramp until they approach the intersection with Concordia, as
noted by Mr. Lee in his trial testimony. I noted that North Fry Street intersects Concordia
near the area where the lights first become visible. The sight distance was subsequently
measured by a Saint Paul Police officer using a laser device. The distance from where
the impact occurred to where someone driving up the ramp would first see the traffic
lights was slightly less than 600 feet.

http://www.co.ramsey.mn.us/NR/rdonlyres/E4B3303E-AF48-4DCC-98D1-A31347E96721/19888/MechanicalForensicsEngineeringServicesLLCReport.pdf

And even if he did screw up & hit the accelerator I think since he wasn't driving under impairment that was one helluva sentence for a new driver who might have made a very human mistake. Tragic mistake. But having him in prison sure wasn't going to bring the victims back. I think he got screwed being an immigrant.

Oh and the DA's expert was wrong in the this case. In trial they testified the plaintiff's car did not have ABS so no skid marks showed he didn't try to brake. Wrong. His car had ABS as an expert witness showed in this hearing. Poor guy sure had a poor attorney representing him.

[Nihil]

28. Now *that* is spot on ...

> And even if he did screw up & hit the accelerator I think since he wasn't
> driving under impairment that was one helluva sentence for a new driver
> who might have made a very human mistake. Tragic mistake. But having him
> in prison sure wasn't going to bring the victims back.
> I think he got screwed being an immigrant.

>> Lee, a recent Hmong immigrant with only about a year of driving experience,

I suspect that the verdict & sentencing decisions were made as soon as the above
came out so instead of "an unfortunate accident" it became "dangerous driving".

:shrug:

[Mopar151]

29. Given human reflexes, he had very little time

To assess multiple system failures, devise a strategy, and execute it. I have seen drivers with decades of competition experience disabling the ABS on their own cars, because it had shut the brakes off at an inopprutune moment. Bsically, if the sustem sees a wheel locking, it will largely shut off the brakes - even if that wheel locking momentarily is the result of some broken pavement, or a wet/oily spot in the road. Also, if the cruise control is still engaged, and it "thinks" the car is slowing down, it will try to compensate by applying more throttle.

[ftjjr]

30. Toyota Driver Freed From Prison, Prosecutor Drops Charges

Better check your source again. He's a free man now. The headline to the link originally posted now reads "Toyota Driver Freed From Prison, Prosecutor Drops Charges"