Drunk driver who killed Malik Sealy gets another DUI

#1
Drunk driver who killed Malik Sealy gets another DUI

Tuesday, October 17, 2006
Associated Press

MINNEAPOLIS -- New drunk driving charges have been filed against the man convicted in the drunken driving accident that killed Malik Sealy of the Minnesota Timberwolves in May 2000.

Souksangouane Phengsene, 50, of Shakopee, was arrested in Crystal early Sunday and was charged with felony drunk driving Tuesday in Hennepin County District Court. According to the court file, Phengsene was driving in an erratic manner, weaving in and out of lanes, and driving on the curb.

Court papers say he was tested at the police station and his blood alcohol level registered at 0.21 percent. Minnesota's legal limit is 0.08 percent.

Crystal Police Capt. Dave Oyaas said that when an officer spotted Phengsene swerving and stopped him, "the driver came to almost a complete stop and then drove over a curb as he went into a parking lot."

Phengsene was driving the wrong way on Highway 100 in St. Louis Park when he hit Sealy's vehicle six years ago, killing the 30-year-old athlete, who was returning home after a birthday party for teammate Kevin Garnett.

Phengsene had a blood-alcohol level of 0.19 percent then, when the state's legal limit was 0.10 percent. He pleaded guilty to felony criminal vehicular homicide and was sentenced to four years in prison.

Phengsene was also convicted of DWI in Des Moines, Iowa, in 1997. The new charge is a felony, rather than a misdemeanor, due to Phengsene's prior convictions, officials with the Hennepin County attorney's office said.

If he's convicted this time, the state's sentencing guidelines suggest another four-year sentence due to his prior convictions, the officials said.

Phengsene was being held in the Hennepin County jail in lieu of $35,000 bond. Oyaas said police were glad they stopped Phengsene before anyone else was hurt.

"I think there's even more gratification in that, because that's really what we're trying to do -- we're trying to prevent basically senseless injuries and deaths at the hands of drunk drivers," he said.

http://sports.espn.go.com/nba/news/story?id=2630224
 

VF21

Super Moderator Emeritus
SME
#2
Something has to be done. Deaths by drunk driver are totally and completely preventable if we can simply find a way to keep the murderers from getting behind the wheel of their cars.

This man has a felony vehicular homicide on his record and he was given another driver's license?

This really, really, really angers me. I attended a funeral not too long ago of a beautiful young girl who had just graduated high school and had her entire life in front of her. She was killed and her two sisters horribly injured as they were driving home from a shopping trip. She was not doing anything wrong; she just happened to be in the way of a drunk who had been drinking all night and decided in the early afternoon to go get MORE to drink.

The technology exists to make it very difficult for people who have been drinking to start their cars. There have to be other methods available, too.

As I said above, death by drunk driver is COMPLETELY preventable if the driver cannot start his car.
 
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Warhawk

Give blood and save a life!
Staff member
#3
I'm with you VF. Anyone who kills someone driving under the influence should be charged with first-degree murder.
 
#4
I can't believe that with all the notoriety drunk-driving gets, all the laws, the work of MADD, etc., people are still able to get away with it, as this killer has. Shoot someone with a gun and you get up to life in prison. Kill them by drunk-driving and all you get is a slap on the wrist! Years ago, the promising life of a friend of mine in high school was cut short by a drunk driver. Somehow I think that the lawyers who defend drunk drivers in court are behind all this getting off easy crap.
 
#5
The only way to stop these people is to put them in jail. People without DL's drive all the time. If you put a device in their car to prevent them from driving while intoxicated..they'll just use another car.
 

VF21

Super Moderator Emeritus
SME
#6
Then put them in ALL cars. Make it so a car cannot be operated if the person behind the wheel has been drinking. Is that overkill? Would it cause problems for some people?

At this point, something drastic has to be done. Waiting until a drunk driver actually gets caught is too late. How many accidents have been caused by drunk drivers who go blindly on their way, leaving carnage in their wake?

As I said, this is a cause of death that is totally and completely preventable. There is no such thing as a right to drink and drive. There is no such thing as the right to drive. If someone's ability to operate a vehicle is impaired, they should not be driving.

We have to do something. Too many innocent lives are lost and famlies destroyed by drunk drivers. Take away their ability to operate a vehicle and you remove the problem completely.

--------------------------------------------------------

Sorry if I sound rabid, but this whole thing really gets me riled up. :eek:
 
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#8
Then put them in ALL cars. Make it so a car cannot be operated if the person behind the wheel has been drinking. Is that overkill? Would it cause problems for some people?

At this point, something drastic has to be done. Waiting until a drunk driver actually gets caught is too late. How many accidents have been caused by drunk drivers who go blindly on their way, leaving carnage in their wake?

As I said, this is a cause of death that is totally and completely preventable. There is no such thing as a right to drink and drive. There is no such thing as the right to drive. If someone's ability to operate a vehicle is impaired, they should not be driving.

We have to do something. Too many innocent lives are lost and famlies destroyed by drunk drivers. Take away their ability to operate a vehicle and you remove the problem completely.

--------------------------------------------------------

Sorry if I sound rabid, but this whole thing really gets me riled up. :eek:
I'm in total agreement. Jail is hardly a deterrent...for every drunk driver you throw in jail, there are ten more who continue to do it and have just gotten lucky that they haven't killed anyone yet. It's simply a matter of time. VF's solution is proactive...simply jailing them is reactive. Only one of those approaches SAVES lives.
 
#10
I was married to a great lawyer turned homeless drunk. Alcohol is the single most damaging drug problem in this country. Not only because of people driving drunk, but because alcohol is a factor in a great deal of violence. Child abuse, spousal abuse, rapes, beatings and shootings. It is also a factor in most drownings and boating accidents, too. Honestly, I'm not sure what the answer is.
 
#11
I wouldn't mind seeing a tattoo on someon'es face that says something like "I killed someone while drunk driving." Not sure how much that would accomplish.
 
#14
Drunk driver who killed Malik Sealy gets another DUI

Tuesday, October 17, 2006
Associated Press

MINNEAPOLIS -- New drunk driving charges have been filed against the man convicted in the drunken driving accident that killed Malik Sealy of the Minnesota Timberwolves in May 2000.

Souksangouane Phengsene, 50, of Shakopee, was arrested in Crystal early Sunday and was charged with felony drunk driving Tuesday in Hennepin County District Court. According to the court file, Phengsene was driving in an erratic manner, weaving in and out of lanes, and driving on the curb.

Court papers say he was tested at the police station and his blood alcohol level registered at 0.21 percent. Minnesota's legal limit is 0.08 percent.

Crystal Police Capt. Dave Oyaas said that when an officer spotted Phengsene swerving and stopped him, "the driver came to almost a complete stop and then drove over a curb as he went into a parking lot."

Phengsene was driving the wrong way on Highway 100 in St. Louis Park when he hit Sealy's vehicle six years ago, killing the 30-year-old athlete, who was returning home after a birthday party for teammate Kevin Garnett.

Phengsene had a blood-alcohol level of 0.19 percent then, when the state's legal limit was 0.10 percent. He pleaded guilty to felony criminal vehicular homicide and was sentenced to four years in prison.

Phengsene was also convicted of DWI in Des Moines, Iowa, in 1997. The new charge is a felony, rather than a misdemeanor, due to Phengsene's prior convictions, officials with the Hennepin County attorney's office said.

If he's convicted this time, the state's sentencing guidelines suggest another four-year sentence due to his prior convictions, the officials said.

Phengsene was being held in the Hennepin County jail in lieu of $35,000 bond. Oyaas said police were glad they stopped Phengsene before anyone else was hurt.

"I think there's even more gratification in that, because that's really what we're trying to do -- we're trying to prevent basically senseless injuries and deaths at the hands of drunk drivers," he said.

http://sports.espn.go.com/nba/news/story?id=2630224

Unbelievable. Sounds like my dad. I lost count at 6 DUIs for him in the 90's. Hit a telephone pole on T St and totaled the car that was supposed to be mine when I turned 16. A beautiful 64 Impala.

This guy deserves life in prison.
 
#15
If there is ever something on the ballot that makes Drunk Driving killings actually murder I would vote YES!

:mad:

I have to say I have some personal experience with losing a family member to a complete and utter wretch in our society.

This is so sickening. Period.
 
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#16
Then put them in ALL cars. Make it so a car cannot be operated if the person behind the wheel has been drinking. Is that overkill? Would it cause problems for some people?

At this point, something drastic has to be done. Waiting until a drunk driver actually gets caught is too late. How many accidents have been caused by drunk drivers who go blindly on their way, leaving carnage in their wake?

As I said, this is a cause of death that is totally and completely preventable. There is no such thing as a right to drink and drive. There is no such thing as the right to drive. If someone's ability to operate a vehicle is impaired, they should not be driving.

We have to do something. Too many innocent lives are lost and famlies destroyed by drunk drivers. Take away their ability to operate a vehicle and you remove the problem completely.

--------------------------------------------------------

Sorry if I sound rabid, but this whole thing really gets me riled up. :eek:
Then also lets vote that if one gets caught even with a DUI that is ATTEMPTED MURDER. It still carries a life sentence.
 
#18
Then put them in ALL cars. Make it so a car cannot be operated if the person behind the wheel has been drinking. Is that overkill? Would it cause problems for some people?

At this point, something drastic has to be done. Waiting until a drunk driver actually gets caught is too late. How many accidents have been caused by drunk drivers who go blindly on their way, leaving carnage in their wake?

As I said, this is a cause of death that is totally and completely preventable. There is no such thing as a right to drink and drive. There is no such thing as the right to drive. If someone's ability to operate a vehicle is impaired, they should not be driving.

We have to do something. Too many innocent lives are lost and famlies destroyed by drunk drivers. Take away their ability to operate a vehicle and you remove the problem completely.

--------------------------------------------------------

Sorry if I sound rabid, but this whole thing really gets me riled up. :eek:


Oh, I agree VF. I wasn't trying to make excuses...believe me. I've had too many people I know killed by drunk drivers. I say, do whatever needs to be done... I just don't know, personally, what the ansewer is.
 

HndsmCelt

Hall of Famer
#19
Well the problem with most EUI legislation is that it has to get popular support from the public at large and overcome intense lobying from the distillers. With a significant number of politician and citiznes at large having at least one DUI on their record getting this support becoems more difficult. It sounds nice to say that someone with even one DUI should be procecuted for atempted murder, but that is just not practical from a variety of perspectives not the least bing political support (George Bush has one DUI and Dick Cheney has 2 and a very suspcious hunting accident).

I am all for extreemly stiff peneltys for Durnk drivers including permanatly revocing their lisence, Heck if soem states can strip citiznes of their voting rights for one felloney, we certainly can strip citizens of their driving prividlages for a DUI. And yes I'd also support a life sentence for any of thies convicted drivers who chose to get bechind the wheel drunk again.

But be carefull of over reacting to a horrible situation like this. Locking up all drunk drivers for life would thin out government, and pretymcuh assure the end of Hollywood.
 
#20
Even I would have to agree that just getting a DUI shouldn't result in attempted murder charges. I know someone that got a very ticky-tack DUI.

Unless the murder charges only result in DUI's over a certain level. Blow a .09 and you attempted murder? No. You know what I mean?

However, someone like the man in the Malik Sealy case, should fall into that category. IMHO.
 

HndsmCelt

Hall of Famer
#21
Then put them in ALL cars. Make it so a car cannot be operated if the person behind the wheel has been drinking. Is that overkill? Would it cause problems for some people?

At this point, something drastic has to be done. Waiting until a drunk driver actually gets caught is too late. How many accidents have been caused by drunk drivers who go blindly on their way, leaving carnage in their wake?
No arugment here that waiting untill someone dies is too late, but on a practical note do you relly want to take on the alcohol loby and Detorit? Come on breathalizers in ALL cars? these are the people who fought seat belts and air bags then silently killed the electric car.

Ultimatly the problem lies in Americans attitudes twords driving. We have prety well abandonded the idea that driving is a privilage and now take it for a right. We let our local government destroy mass transit and create communities that almost require car ownership. We forget that we are in controll of and responsable for a 2-8,000 lb lethal weapon prefering instead to turn them into impractcal unsafe second homes with phones, foood and drink, obnoxious stero systems and even frigging TV's! ALL of which make the car MORE dangerous... but we celebrate these distractions as "Pimpin." Recent studies show that taking on the phone while driving is AT LEAST as debillitating as being drunk.

We spend little time trainig young drivers and do nothing to assure that drivers remain competent. Personallly I could get behind a ban on cell phones, TV's a clear sound level limit (very low) and baning drive through food service. I think large truck and SUV drivers ought to have to get a special endorsement for their lisence. But more importantly no one under 18 should be behind the wheel, and the permit phase ought to last about a year or two. The drive test should be EXTENSIVE. Lets face it currently you SHOULD have to be able to parallel park an SUV while talking on the cell phone and drinking a late since about half the people on the road are doing exactly that.
 
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#22
Yeah this disgusts me. I think everyone in some way has been affected by the wrecklessness of a drunk driver. And it shouldn't have to be like that.

Malik was one of my favorite players in the league and this makes me very sad.

My thoughts are with his family and I hope we can get this guy, and other people like him, off the road.
 
#23
Even I would have to agree that just getting a DUI shouldn't result in attempted murder charges. I know someone that got a very ticky-tack DUI.

Unless the murder charges only result in DUI's over a certain level. Blow a .09 and you attempted murder? No. You know what I mean?

However, someone like the man in the Malik Sealy case, should fall into that category. IMHO.
No way should someone go to prison forever for one DUI, even though a DUI is an awful thing. It's just not practical, and our prisons would be very over-crowded and not enough funding for that. What I think should be required for anyone who gets a DUI, even just once, is to have to listen to a victim impact panel. They need to hear from people who were directly impacted from drunk-driving on how awful it is. Hopefully, that will scare them straight.
 

VF21

Super Moderator Emeritus
SME
#24
Even I would have to agree that just getting a DUI shouldn't result in attempted murder charges. I know someone that got a very ticky-tack DUI.

Unless the murder charges only result in DUI's over a certain level. Blow a .09 and you attempted murder? No. You know what I mean?

However, someone like the man in the Malik Sealy case, should fall into that category. IMHO.
You know someone who got a "ticky-tack" DUI? Had they been drinking? Did they get behind the wheel of a car and drive?

.09 is over the legal limit. Period. I don't condone the "attempted murder" thing but I'm not going to be real sympathetic to someone who thinks they should be given a break because they weren't that far over the legal limit.

If someone drinks and drive, they don't just put themselves at risk. All those innocent people out there on the road don't know they've been drinking. Their lives are at risk because they assume other drivers are following the law.

This isn't parking in a loading zone or going 30 in a 25. This is operating a motor vehicle that can kill within an instant.

Until people quit making excuses for people who drink drunk, we're all going to have to attend funerals for the innocent victims.
 

VF21

Super Moderator Emeritus
SME
#25
No arugment here that waiting untill someone dies is too late, but on a practical note do you relly want to take on the alcohol loby and Detorit? Come on breathalizers in ALL cars? these are the people who fought seat belts and air bags then silently killed the electric car.
I'm not saying that's THE solution. I'm saying there has to be one. These deaths are TOTALLY preventable.

Ultimatly the problem lies in Americans attitudes twords driving. We have prety well abandonded the idea that driving is a privilage and now take it for a right. We let our local government destroy mass transit and create communities that almost require car ownership. We forget that we are in controll of and responsable for a 2-8,000 lb lethal weapon prefering instead to turn them into impractcal unsafe second homes with phones, foood and drink, obnoxious stero systems and even frigging TV's! ALL of which make the car MORE dangerous... but we celebrate these distractions as "Pimpin." Recent studies show that taking on the phone while driving is AT LEAST as debillitating as being drunk.

We spend little time trainig young drivers and do nothing to assure that drivers remain competent. Personallly I could get behind a ban on cell phones, TV's a clear sound level limit (very low) and baning drive through food service. I think large truck and SUV drivers ought to have to get a special endorsement for their lisence. But more importantly no one under 18 should be behind the wheel, and the permit phase ought to last about a year or two. The drive test should be EXTENSIVE. Lets face it currently you SHOULD have to be able to parallel park an SUV while talking on the cell phone and drinking a late since about half the people on the road are doing exactly that.
All those things are valid. I'm not trying to solve all the problems. I'm fed up with going to funerals for innocent victims of drunk drivers. I'm beyond disgusted with seeing drunk drivers with their 3rd, 4th or even 5th DUI. To quote Peter Finch in Network, "I'm mad as hell." Unless people get mad enough to do something, it will continue. You have to start somewhere.
 
#26
Saab auto company is testing out its new device which is pretty much a breathalyzers/key for the car. I dont know how exactly it works but if you fail the test the car wont start...and also I'm not sure, but I think Nissan or Toyota is also trying to design a concept car with a similar idea
 
#27
Part of the problem is that people who are drunk are not able to accurately judge their level of impairment. Even people who appear sober and okay are usually impaired more than they think.

I'm a single person, who goes out alone a lot. If I'm alone and know I have to drive, I usually drink nothing. If I do have a normal drink (not a glass of hard liquor with a drop of water "drink"), then I plan a minimum of one hour after the last sip before I get in the car.

True alcoholics are not in control of their behavior. They will not act or think rationally. But a whole lot of other people need friends or family members to prevent them from driving drunk. Take away their keys, call a cab, find a sober person to give them a ride, make 'em spend the night, call the cops.

A friend's young son recently called the cops on his granddad, because granddad could not be persuaded to not drive. Grandson got behind him in his own car and called in on him.

But HndsmCelt is right. We've set up a culture, especially in Calif, that makes it very difficult to function without a car. (And maybe hard to function in one.;) )
 
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#28
This is a really sticky subject. I personally think that we need to have more harsh punishments for DUIs, but I've seen some 'tick tacky' DUIs. For example, I was talking to a guy who's car broke down, wouldn't start, and he was drinking a beer while he was fixing it. A cop stopped and gave him a DUI because he left the keys in the ignition. Perhaps a better solution is to revoke peoples liscenses for long periods of time if they recieve a DUI: 1-2 years for the first offense, 4 for the second, lifetime for the third.
 
#30
You know someone who got a "ticky-tack" DUI? Had they been drinking? Did they get behind the wheel of a car and drive?

.09 is over the legal limit. Period. I don't condone the "attempted murder" thing but I'm not going to be real sympathetic to someone who thinks they should be given a break because they weren't that far over the legal limit.

If someone drinks and drive, they don't just put themselves at risk. All those innocent people out there on the road don't know they've been drinking. Their lives are at risk because they assume other drivers are following the law.

This isn't parking in a loading zone or going 30 in a 25. This is operating a motor vehicle that can kill within an instant.

Until people quit making excuses for people who drink drunk, we're all going to have to attend funerals for the innocent victims.
The .09 and the person that got the ticky-tack DUI are not one in the same. I'm not going into details about the details. The .09 was a "what if" to the attempted murder scenario brought up earlier.