Speaking your Mind ...Part 2

Drunk Driving is not a mistake, it is not an accident, it is not an error...it is a choice, plain and simple. A person knows before that first sip passes their lips that they need to make appropriate plans for a safe way home...and to do otherwise puts lives at risk. Whether or not they are a good person, have a particular job, have had a particular surgery, or even that they have a family of their own, does not excuse a bad choice or eliminate responsibility for the terrible results of those choices…Victims of DUI have families, have friends, are good people, have good jobs, had lives.

While Troy Hovey served less than 6 months in jail, we have been given life sentences, a lifetime of pain and heartache, a lifetime without our friend, son, uncle, brother, husband, and father …and Amit Tandon…his entire life was stolen.

Mr. Hovey was given the opportunity to choose to channel his supposed remorse, to choose to embrace recovery and he squandered that opportunity because he has neither remorse nor a desire to recover. Remorse can and has been contrived.

While, Amit's widow, Deepika, works every single day of the week to make ends meet and take care of her child, Troy Hovey plays on facebook. A recent entry from May and June shows Hovey inquiring as to the cost and availability of a recreational vehicle that costs almost $9000. Would a remorseful person do such a thing? Would a remorseful person violate probation or falsify logs? Would someone who has "embraced" recovery falsify logs and lie about treatment? If he had wanted to seek a different form of treatment, why not petition the court? Why lie and deceive unless he knew he was doing something wrong? Having committed these violations, I pose a potentially even more serious series of questions: What else could he be guilty of? What else may he by lying about? Whose lives may he be putting at risk?

A man has violated the law and he must be held accountable for his actions to the fullest extent allowed by law. If he is not remorseful and has not embraced recovery, he has the potential to repeat his past crimes...and in so doing, puts each and every one of us and our loved ones at risk. Perhaps Troy Hovey Needs to go to prison, not only to be held accountable for his actions and choices, but to gain perspective on what he has done and to be given the opportunity in a more secure and supervised setting, to attempt recovery.

I have sympathy for Mr. Hovey’s wife and children, but the reality is, the only person to blame for this entire mess, this tragedy, is Troy Hovey. He has punished his own family by virtue of the choices he has made, no one else.

Speaking your mind...Part 1

It brings me no pleasure to be here today, but I find that I am compelled to do so. Compelled by the grave injustive done to Amit Tandon and all those that loved and cared for him. I am compelled to be here by teh actions and choiced of one man, a man I consider to be a kller, a killer lacking remorse...a killer lacking a willingness to accept responsibility for his actions and choices.

Troy Hovey has demonstrated a complete inability to make good choices…two years ago Troy Hovey made not one, but a series of bad choices. What happened was not an accident, it was not a mistake, …he did not swerve to miss a deer, he did not pass out from an undiagnosed medical condition, he did not hit an icy patch on the road…he made a choice. Troy Hovey chose to drink to excess, he chose not to call anyone to get a safe ride home, he chose to get behind the wheel and drive at excessive speeds, he chose to talk on a cell phone, and as a result of this series of bad choices, a man died, ...Amit Tandon.

And just as Troy Hovey made those terrible choices on August 6th of 2008...he has chosen to thumb his nose at the court, the law, and all victims, by making the choice to violate his probation. Our hearts ache and we carry this grief with us for the rest of our lives while Troy Hovey shows no remorse or desire to “recover,” essentially spitting in the face of all of his victims.

The pain Troy Hovey has caused is deep, raw, and seemingly unending. There is no number, no price, no quantifiable measure that can truly define the utter devastation and turmoil inflicted upon the hearts and minds of so many, not only by the tragedy two years ago, but by Troy Hovey’s more recent crimes which have wrought continued suffering as we are forced to relive all of that pain, all of that heartache, all the anxiety … reopening wounds that had only just begun to mend.

Deepika and I have a shared loss, and I can tell you that whatever pain I experience, hers is far greater as her loss was far greater. We have suffered sleepless nights, countless tears, anxiety, and heartache. The inner turmoil I have experienced has caused such disruption to my life that there is not one aspect that has not been affected by this nightmare,… depression, distractions at work, stomach problems…I find my relationships have suffered with friends as they struggle to understand what I am going through, often unable to understand and unable to help. My own family is 2000 miles away and yet they suffer as they are unable to comfort me, unable to fix this tragedy that has so severely affected their daughter’s life.

Speaking your mind...a spoken statement...

Speaking in Court

Much of what I included in my spoken statement was taken from my written statement...but it is important, whenever possible, that the court, the DA, the defendant, the probation department, and the audience, HEAR the impact and SEE the impact, that such crimes have on the hearts, minds, and lives of those that are left to pick up the pieces after such terrible tragedies. Regardless of their relationship to the victim...

I would never say that making a spoken statement is easy...but...it is important...for the court...and for the speaker...

I had my say in court...hopefully Troy heard my words, my pain, hopefully he came to more fully understand the impact his choices had on all those that care about Amit, Deepika, and Jevesh. Hopefully those people in the audience heard and understood the impact of those choices.

Many a disparaging remark has been made towards those people who have been involved in one way or the other in the recent arrest and prosecution of Troy Hovey. I will point out these facts...Troy Hovey made the choices two years ago to drink, drive, and kill, and Troy Hovey made the choices to violate probation. The Probation officer did his job, the DA did his job, Judge McClean did her job. Troy admitted to all of his crimes....even if he was unwilling to take responsibility for them...He admitted to the violations and admitted to the judge in a discussion of the difference between a mistake and deceit...that he was guilty of deceit. Those people who took the time to write impact statements and/or speak in court stood up for what is right...stood up for something they felt strongly about...

I will not apologize or be ashamed for taking a stand and wanting to make a difference. I would do it again in a heartbeat and I will continue to take a stand for victims of DUI. I will write impact statements, I will speak in court, I will publish my blogs...and in the end...maybe...hopefully...I make a difference.

Making a Written Impact...Part 6...Numbers to go with the faces...

Numbers to go with the faces

I realize that the court is likely very familiar with the statistics regarding DUI. Further, Amit Tandon was a human being, not a number. All that being said, I felt the following (including references) were just some of the relevant points to take into consideration.

*Drivers with a BAC level of .08 or higher involved in fatal crashes were eight times more likely to have a prior conviction for driving while impaired (DWI) than were drivers with no alcohol (8% and 1%, respectively). (Source: NHTSA, 2008)

*About one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders. [Fell, Jim. “Repeat DWI Offenders in the United States: National Department of Transportation, National Highway Traffic Safety Administration Traffic Tech No. 85, February 1995. http://www.nhtsa.dot.gov/people/outreach/traftech/1995/TT085.htm]

*Fifty to 75 percent of drunk drivers whose licenses are suspended continue to drive. [Peck, R.C., Wilson, R. J., and Sutton, L. 1995. “Driver license strategies for controlling the persistent DUI offender, Strategies for Dealing with the intent Drinking Driver.” Transportation Research Board, Transportation Research Circular No. 437. Washington, D.C. National Research Council: 48-49.

Beck, KH, et al. “Effects of Ignition Interlock License Restrictions on Drivers with Multiple Alcohol Offenses: A Randomized Trial in Maryland.” American Journal of Public Health, 89 vol. 11 (1999): 1696-1700.]

*A first time drunk driving offender on average has driven drunk 87 times prior to being arrested. [Zador, Paul, Sheila Krawchuk, and B. Moore. (1997) “Drinking and Driving Trips, Stops by Police, and Arrests: Analysis of the 1995 National Survey of Drinking and Driving Attitudes and Behavior,” Rockville, MD: Estat, Inc, 1997.]

*A 2008 AAA poll measuring the traffic safety culture of Americans, found that 80% supported requiring drivers who have been convicted of DWI to use equipment that tests them for alcohol, i.e. an ignition interlock device. Also, 88% of the respondents in the poll felt that drunk driving is a serious traffic safety concern. [AAA Foundation for Traffic Safety. “2008 Traffic Safety Culture Index” Washington DC: AAA Foundation, April 2008. http://www.aaafoundation.org/pdf/2008TSCIndexFinalReport.pdf]

*About one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders. [Fell, Jim. “Repeat DWI Offenders in the United States.” Washington, DC: National Department of Transportation, National Highway Traffic Safety Administration Traffic Tech No. 85, February 1995. http://www.nhtsa.dot.gov/people/outreach/traftech/1995/TT085.htm]

*The risk of a driver who has one or more DWI convictions becoming involved in a fatal crash is about 1.4 times the risk of a driver with no DWI conviction. [National Highway Traffic Safety Administration. “Repeat DWI Offenders Are an Elusive Target.” Washington, DC: National Department of Transportation, National Highway Traffic Safety Administration Traffic Tech No. 217, March 2000. http://www.nhtsa.dot.gov/people/outreach/traftech/pub/tt217.html]

National Highway Traffic Safety Administration. "Traffic Safety Facts 2007 Data:Alcohol Impaired Driving” DOT 810 985. Washington DC: National Highway Traffic Safety Administration, 2008. http://www-nrd.nhtsa.dot.gov/Pubs/810985.pdf]

Making a Written Impact...Part 5...Punishment and Accountability

Punishment and Accountability

A man has violated the law and he must be held accountable for his actions. If he is not remorseful and has not embraced recovery, he has the potential to repeat his past crimes...and in so doing, puts each and every one of us and our loved ones at risk. Perhaps Troy Hovey Needs to go to prison... not only to be held accountable for his actions and misdeeds, but to gain perspective on what he has done and to be given the opportunity in a more secure and supervised setting, to attempt recovery. There are no guarantees as to whether or not Hovey will ever have remorse or will ever seriously address his addiction, however, I do believe that keeping him off the streets for as long as possible could save lives.

Some may say, “But what about his wife and kids?” I would argue…what about Amit’s wife and child? What about them? What about all the people who cared about Amit? In the end, I have sympathy for his wife and children, but the reality is, the only person to blame for this entire mess, this tragedy, is Troy Hovey. If anyone wants to point fingers, they can only point them at Troy Hovey. He made the choices that killed a good man, Amit Tandon, two years ago, and he is the man who chose to willfully violate probation, reopening wounds for all victims, torturing Deepika, torturing me, torturing Amit’s family and friends. Troy Hovey has punished his own family by virtue of the choices he has made, no one else.

Troy Hovey killed Amit Tandon, resulting in an immeasurable amount of pain, suffering, and heartache for Deepika Tandon, Me, Amit’s family, friends, the community of Chico, and all those whose lives Amit touched in his different jobs, travels, and farmer’s markets. Troy Hovey did not just violate probation…he violated the victims, Amit’s family and friends, he violated Deepika, he violated me …once again…reopening wounds we thought were healing…having to relive the terrible grief all over again.

When Troy Hovey returns to life outside of jail/prison, regardless of when that may be, I believe he needs to continue to be held responsible for his choices by the court. First and foremost, driving is a privilege and in demonstrating that he is not capable of making good decisions, Troy Hovey should not get his license back, ever. People all over the world function without a license and personal vehicle; they ride a bike, take the bus, walk, or get a ride, and they get along just fine, this includes people with families and jobs. Troy Hovey is an alcoholic, forever, regardless of whether he is able to get treatment. He may eventually be able to turn to a sober life, but, as many alcoholics do, he could fail, return to drinking and bad choices, and once again put lives at risk. Taking Hovey’s license away will save lives.

...

I mentioned earlier that Amit, Deepika, Me, Amit’s family and friends…we have all received life sentences…a lifetime of punishment, heartache, and pain, all a result of the choices that Troy Hovey has made, both two years ago and now. Troy Hovey should be required to perform a lifetime of service to atone for his crimes. He should have to perform community service for as long as his body and mind will allow. I honestly do not believe that is unreasonable considering the lifetime of loss and heartache that all of his victims must suffer. I will suffer this pain for the rest of my life, it will shape my choices and my relationships, this tragedy is not something that is forgotten, it is a scar on my brain and in my heart.

Making a Written Impact....Part 4...No Remorse? No Recovery?

No Remorse, No Recovery

Troy Hovey had an opportunity to make amends...to channel supposed remorse to embrace recovery (as Judge Glusman had mentioned in court). In the last two years Hovey has not shown any remorse, restitution is still pending, and he has demonstrated, by violation of his probation, that he is not serious about dealing with his alcohol recovery.

What I know is that Hovey has admitted to having violated his probation and he does not appear to have any remorse for anything he has done. A recent Facebook entry from Hovey (dating from May/June of this year) shows him inquiring, on a motorsports business Facebook page (Chico Motorsports), as to the cost and availability of a luxury item purchase...a recreational vehicle that costs almost $9000...meanwhile, Amit's widow Deepika works every single day of the week (7 days...not just M-F) to make ends meet and take care of her child. Would a remorseful person do such a thing? Would a remorseful person violate probation? Would a remorseful person falsify AA logs? Would someone who has "embraced" recovery falsify AA logs? If he had wanted to seek a different form of treatment, why not petition the court? Why lie and deceive unless he knew he was doing something wrong? Having committed these violations, I pose a potentially even more serious series of questions: What else could he be guilty of? What else may he by lying about? Whose lives may he be putting at risk?

Making a Written Impact...Part 3...Choices

Choices

Troy Hovey stole the life of a good man, full of life and good will. Amit Tandon was only 32 years old. He was a son, a husband, a friend, and he would have been a great dad… I truly believe that everyone who knew Amit was better for having him in their lives, I know I am a better person. He was not just Deepika’s husband; he was her best friend and love of her life. Deepika must now face the rest of her life without him by her side. Never to feel his kisses upon her cheeks, never to have him there to comfort her, tease her, hug her, support her, or love her. Jevesh will never have the chance to truly know his father. He will not have his father there for him as he struggles with his health issues. He will never have his father there to teach him to become a man. Friends and family are deprived of his friendship, kindness, and great wisdom.

Drunk Driving is not a mistake, it is not an accident, it is not an error...it is a choice, plain and simple. I believe that anyone above the age of, probably 12 (younger for those unfortunate to suffer the results of someone's choice to drink and drive), knows that drinking and driving is dangerous and has the high potential of resulting in severe injury or death, this is not a surprise, not to anyone. A person knows before that first sip passes their lips that they need to make appropriate plans for a safe way home...and to do otherwise puts lives at risk.

If a person chooses to drink and drive then they should be held accountable for their choices. Whether or not they are a good person, have a particular job, have had a particular surgery, or even that they have a family of their own, does not excuse a bad choice or eliminate responsibility for the terrible results of those choices…Victims of DUI have families, are good people, have good jobs, but in the end…they do not get a choice.

If a person chooses to drink and drive, they choose to become a killer...they may not have chosen their specific victim...but they have chosen to behave in a manner that will likely cost someone (or more than one person) their life and ultimately bring about tremendous pain and heartache to those left behind to pick up the pieces. The emotional and physical toll that a family and surviving friends must endure after losing a loved one to a collision resulting from DUI is immeasurable.

Hovey drank to excess...He Chose to drink (elevating his BAC to Three Times the Legal Limit)...He Chose Not to call his wife or a taxi or Someone to get a safe ride home...He Chose to get behind the wheel of a multi-ton vehicle turned death machine...He Chose to drive at excessive speeds (between 60-90 mph by law enforcement estimates)...He Chose to talk on a cell phone while driving (at excessive speeds and intoxicated). All of these Choices ultimately lead to Hovey driving through a barrier and driving the wrong way on 99... Hovey collided with Amit’s truck and I can only pray that his death was instant and that he had no chance for regrets, for thoughts of his wife and child, a wife and child he would never have the chance to see, to hold, to love (can you imagine having to consider the broken body of someone you care about, hanging out of a vehicle, their life destroyed by a reckless and selfish person?…I have to…Deepika has had to, Amit’s family have had to) …and now…Troy Hovey has willfully chosen to violate probation, reopening wounds for all those that cared about Amit, that care about Deepika and Jevesh.

What happened on August 6th of 2008 was a collision resulting from one person's series of Selfish, Bad choices...That crash was not an accident, an accident implies no one is at fault...It is no different than waving a gun around and having it go off...one knows that a gun can be dangerous and that waving it around is extremely dangerous...and if you choose to wave that gun around...you know there is a risk that someone will get hurt or die...Troy Hovey made choices... and because of one man's series of bad choices, the life of a son, brother, uncle, husband, friend, and father, was stolen. Deepika and Jevesh have received life sentences, a lifetime without husband and father. Amit's family, life sentences...Amit's friends, life sentences... Me, I have a life sentence. Amit Tandon never had a choice, he received a death sentence. Deepika and Jevesh, and all those that cared about Amit, never had a choice.