Listed as defendants in the case are the drivers of the golf carts allegedly involved in the race, Brant P. Cullen, Carl Junction, and Kreg Myers, Cassville.
October 19, 2024 at approximately 6 p.m., Tucker was a passenger in a golf car operated by Defendant Cullen who was driving a 2022 Yamaha golf cart north on Fairway Drive in Carl Junction, Missouri.
At the above date and time Tucker, who was riding on the back of the golf cart driven by Defendant Cullen, was thrown from said golf cart onto the pavement of Fairway Drive striking his head.
The above incident occurred due to the negligence of both Defendants Cullen and Myers who were racing, driving erratically, and were "playing" with each other with their golf carts at the time of this incident.
Both defendants were negligent, and both defendants failed to operate {their} golf cars using the highest degree of car. Specifically, both drove at an excessive speed, failed to keep a careful lookout and drove erratically causing this incident.
The Berrys, who are represented by Mount Vernon attorney John Alan Cowherd, are asking for actual damages and "for such other relief as the court deems proper."
Carl Junction Police investigated the accident and closed the investigation November 21 issuing the following statement:
The Carl Junction Police Department actively investigated the incident and presented a case to the Jasper County Prosecutor's Office, who declined to file charges at this time.
33 comments:
The prosecuting attorney should be investigated for not filing charges. CJPD had a clear case for 1st or 2nd degree manslaughter. Missouri statute clearly states 565.024. Involuntary manslaughter, first degree, penalty. — 1. A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person.
The PA told CJPD since there was no BAC obtained, the evidence was “insufficient” WHAT?? the statutes say NOTHING about having to have a BAC. Wouldn’t surprise me if the PA was family friends to the defendants since they live in the same town of CJ.
#justicefortucker
I heard they were all drunk as well. CJ has a yearly Project Graduation golf tournament that takes place each year that was going on. They rely heavily on illegal alcohol sales sold out of homes to raise the funds. The school leaders including the Super all know about it and look the other way. They should bring up the people selling alcohol that day illegally as well.
They are friends, they golf together often.
There was another incident on the 4th of July where a man in Royal Heights was ran over and killed by a retired fire fighter. No charges on that one either, that I am aware of. It even occurred in front of the victims family.
Briarbrook again?
He was partially to blame since he chose to ride on the back of a golf cart come on now.
I agree with you a hundred percent that the PA needs to be investigated. I was involved in a wreck with a passenger with me. The woman that hit us was so drunk she couldn’t get out of her car. Highway patrol opened her door and empty cans fell out everywhere and she refused to do any test because her exact words were she’s to drunk to do any of them. The two of us had injuries and I had a surgery from it. The DWI driver had to pay $500 and 6 months probation. This was her second DWI within 24 months. She’s a nurse at Freeman and got to keep her job and drivers license. PA said wasn’t enough evidence to pursue charges her BAC was a 2.15.
Fo' Sho!!!!
Yes, We need our Judges, Prosecutors, and Jurors - Stop Being Soft on Crime and Criminals - Stop with the Deals, Stop with Dropping Charges and Giving Probation to Everyone, Stop the Cover-Ups - DO YOUR JOBS!!! Society is Tired of it...
Sad event. But Tucker was just as involved with this as any of the others. Nothing forced him to ride on the back of that cart. If he had been standing off to the side and they ran over him etc, yes then by all means charge them and go after them. He did this to himself by stepping on the back of that cart and agreeing to be part of what was going on.
So that makes it okay because they were all friends, 🤦♀️. Friends would of stayed and rendered 1st aid, not ran like bitches to cover up wheat they did.
1:29AM, No different than any Driver that Drives under the Influence and Kills his Passengers or Others - Brant P. Cullen, Carl Junction, and Kreg Myers, Cassville. JUST AS QUILTY - Whether you are Driving a Car, Truck, or Golf Cart - Drunk is Drunk - and they should have been held Accountable and Prosecuted.
The Problem is the Local Yokels - Barnie Fife Police Department and Theresa Kenney, I don't want to Prosecute anyone, needs to - DO THEIR JOBS.
Everyone should have been brought in and asked to be given a Blood Test for Alcohol - BAC (Blood Alcohol Concentration) - But when you're to incompetent to DO YOUR JOB - The Family is now having to seek Justice through the Civil Process - .
Victim blaming.
Was the PA worried about losing the case?
Stupid games win stupid prizes on occasion.
Look at how certain law offices handle DWI Cases. One attorney, Stilley, had DOR hearings moved out for over a year so the person, who refused to submit to testing, was able to keep her license and racked up additional DWI charges. The PA is shit as our most the judges in this county. Its just a buddy hook up and money game and nothing else.
In this case there is a possibility the PD messed the case up too. They should have asked for help from MSHP. They're not trained or experienced to handle significant criminal events, especially death investigations such as this one. The Chief isn't really that bright and a few of their officers, while nice folks, aren't known for their intellectual capabilities.
Part of being a professional organization is to recognize skillset limitations. There is no shame in this just ego.
I'm wondering whether the facts of what happened would support a leaving the scene of an accident charge?
Perhaps there wasn't enough support from Clan Briarwood to allow that to happen.
Does the PA get a lot of campaign donations from Briarwood people?
Those on the defendant side of this lawsuit are probably going to be finding all about winning stupid prizes.
If you willing go along with what is going on, you are the one taking the risk. Sorry, but Tucker (Yes I knew the young man), was just as responsible for his death as anyone else there. HE made that choice. No one forced him to go along with what was happening. No one forced him to get on the cart. No one forced him to drink. No one forced him to do anything that day. HE made those choices. Sadly, those choices cost him his life. So to put the blame on anyone else there and not say that Tucker himself was just as responsible for what happened is why our court systems and sue happy people make millions upon millions on bad choices.
Hot coffee... i put it between my legs, you didn't force me to put it there... I DID IT! But, when it tipped over cause I hit a bump in the road and it burns me?... it is your fault cause you didn't tell me it was hot that I got burnt. Yeah, that is how stupid this law suit is...
7:51 AM --- Victim? How is someone a victim when they are a willing participant? Sorry, but they all made bad choices. But nothing was forced on him. He too mad bad choices. There is no way I would award anything for this. Just like I answered the other person... If I put hot coffee in a cup between my legs, drive off and spill it and burn myself... is it your fault cause you didn't tell me it was hot? OR should I have known that it was hot and that it could cause burns if it spilled on me? Sorry, bad choices on Tucker's part removes the fault of anything that happens. HE made the choice to get on the back of that cart. No one twisted his arm. No one forced him to be there. He sadly made a bad choice that day.
Agree. People always wanting to sue. Is a terrible tragedy when someone loses their life, but that is why they're called accidents.
You sound like the guys driving smh
You sound just like the ones driving smdh maybe it'll be your family next
There is a difference between an accident and manslaughter! You don’t leave your “friend” in the roadway to die alone so you can save yourself and get your stories straight! When an accident happens you help your friend to the best of your abilities and don’t leave them. If you leave the scene prior to ANY EMS, police or fire arrival and don’t return, you deserve prison time. They should have been MEN and owned up to what they did! Karma is real though
Tucker Berry, is the Victim - If someone is Drunk and is Acting in a Reckless manner such as Brant P. Cullen, Carl Junction, and Kreg Myers, Cassville - then Yes, Cullen and Myers are at Fault - Did they Leave the Scene of the Crime - If so Why - Because they Sobered Up enough to know their "ASS" was in Trouble and they did not want to get Caught - SOUNDS PRETTY QUILTY TO ME - Both Cullen and Myers, deal with people's lives all the Time - But when they are the Cause - They Run Like Dogs - What Kind of Professionals are these Chicken Shitz!!!
09:00
You’re a real piece of work. I knew Tucker as well!
REGARDLESS of what you’re saying, it was the recklessness of the golf cart driver that caused tuckers death. This is why it’s called MANSLAUGHTER.
Missouri statute reads:
565.024. Involuntary manslaughter, first degree, penalty. — 1. A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person.
Plain and simple. No if ands or buts about it. It all boils down to the PA being LAZY and more than likely friends with the golf cart drivers girlfriend’s family. So if you think for a second it’s cool to leave someone in the road alone to die, you can kick rocks and karma won’t miss!
Suppose you have some people doing whatever these people allegedly did in their golf carts.
The only difference is that they do this in the part of CJ with alleys instead of Briarwood. Also the people in the golf carts are from the part of CJ with alleys. Or maybe they live at Fountain Road Park Village.
Do the police not get a BAC and make some arrests when they find one of the passengers dead in the road in this case?
Where does it say the drivers/others left the deceased at the scene “to die” and to “get their stories straight?” If they just left him there, why would they later implicate themselves?
They CJ Police Department are in the Process of Re-Examining / Investigating 14-Witnesses which could lead to Re-Opening this Case - with the Help of the from the attorney general’s office – has helped move the case forward.
Carl Junction police asked for charges of involuntary manslaughter, leaving the scene of a crash, and tampering with evidence. But Kenney has not said what charges, if any, will be filed.
In the police report, several witnesses say that two or three of the five men who were with Tucker on the golf carts, drove the golf carts from the scene before the ambulance arrived. This information is from the CJ Police Department - 6:55PM.
According to the police report, the initial call to 911 that night came in as a medical call. Police were not contacted until the Carl Junction Fire Chief, Joe Perkins, called them from the hospital. Chief Perkins told them Berry had a serious head injury and was not expected to live.
Two of the first responders who arrived on scene told officers that no one else had started life-saving measures and that Berry was vomiting and had aspirated. First responders rode with the ambulance to the hospital to assist with life-saving measures.
All these Guy Firefighters / EMT's or Training - And NOT ONE STARTED LIFE SAVING MEASURES - WHAT DOES THIS SAY???
You should stop using the spilled coffee analogy. While on the surface it sounds like the peak of frivolous litigation, do just a modicum of digging and the truth reveals that McDonalds, as a rule, kept their coffee at a very dangerous 50 degrees hotter than normal, even after fielding over 700 cases of severe burns over a 10 yr period, even paying out settlements on some, yet still refusing to change their policy on unsafe holding temps, a clear example of corporate safety negligence. The 79 yr old woman sustained such severe burns that she almost died. When she asked for McD to simply cover her 20k med bill, they offered $800, the equivalent of a multi-billion corporation giving her the finger. She then retained an attorney and sued. A jury found her 20% liable before awarding her what ended up being 480k, more than fair given the actual details. Find another analogy to support your already very flawed argument.
https://www.caoc.org/?pg=facts
Isn’t the real issue the fact that they- licensed professionals had a duty to act and they left a young man to die. There in lies the problem. They knew he was injured they checked him and left him. That in itself is abandonment of a patient. That is against the license they carry. That everyone is where the problem lies.
There is a big line drawn between when medically trained and certified people are on duty and off duty.
On duty they are a trained professional.
Off duty you are a bystander. Or a good samaritan if you chose to help.
These laws vary by state and IANAL.
They were apparently off duty so that probably means they didn't have any legal duty to provide medical assistance.
Did they have a moral duty to help their fellow firefighter when he needed help? Ask a firefighter or police officer if they would stand and do nothing to help a fallen brother or sister.
There is probably a reason why these people apparently aren't Redings Mill fighters anymore.
Post a Comment