FAIRMONT — There came a point several months after the violent death of her daughter that Debbie Keener came to a very grave conclusion. The person responsible for the hit-and-run death of her daughter would face but one charge — leaving the scene of an accident causing death.
And that charge, if successfully prosecuted, would mean that the person responsible for the death of Erin Keener, a 21-year-old honors nursing student at West Virginia University, would serve up to three years in prison.
It just doesn’t seem fair that the life of a bright, vibrant young woman was snuffed out on a November night in 2005, and the penalty against the person responsible for the crime is minor in comparison to the tragic loss.
But the Keener case is an unusual one. It has been from the beginning. It took nearly four years after her death for an indictment to be made in the case. Jon D. Morris, 65, is charged with leaving the scene of an accident with death without offering assistance and will stand trial on that charge this summer.
But it is not this particular case that sent Debbie Keener to the Marion County delegation to talk about prison sentences for similar crimes. Knowing that nothing would affect the outcome of the prosecution of Erin’s death, Keener still wanted to make sure that other families would have justice if they lost their loved ones in a similar way. House Majority Whip Mike Caputo and Delegates Tim Manchin and Linda Longstreth, along with eight of their colleagues, responded.
If passed, Erin’s Law — the way that it will be refered to in the West Virginia State Code and in courthouses across the state — will ensure that a person who knowingly leaves the scene of an accident causing injury or death will face a penalty of a $5,000 fine, one to five years in prison or both prison and the fine.
This bill, which passed unanimously in the House Monday and is currently in the Senate’s Judiciary Committee, almost doubles the maximum jail time for the offender.
Ideally, a charge of leaving the scene of an accident causing death or injury would be tacked on to other charges, like vehicular manslaughter, reckless driving or driving under the influence of drugs or alcohol. But in Keener’s case, this is the only charge the legal system can bring against the perpetrator because of the lapse in time between the young woman’s death and an indictment.
“There are some laws that need to be updated,” Keener told the Times West Virginian. “A lot has changed in the world, and some laws are old and need updated. Maybe 50 years ago people would not have just left someone lying there.
“People need to learn to be responsible for actions they take — that was my goal in trying to get something done,” she said.
Debbie Keener, who lost a child and a piece of her heart, wants to make sure that other families can get a sense of justice when they lose loved ones in such a senseless, tragic way.
The Keener family, as well as the Marion County delegation, need to be commended for proposing Erin’s Law. We hope for its swift passage through the Senate and the signature of Gov. Joe Manchin.
And we hope against hope that if passed, there would never be a case where Erin’s Law would have to be applied.
