Tougher penalty sought for killing someone while driving with cell phone

On her bicycle the afternoon of April 26, 2015, Penny Verdeck was no match for someone not paying attention behind the wheel of an automobile.

The 40-year-old mother from Glencoe was killed when struck from behind by a driver who veered over the rumble strip and onto the shoulder of a country road.

At trial, it was shown that two text messages were opened on the driver’s phone less than a minute before the deadly crash. However, the driver was convicted only of careless driving as a judge ruled there was not enough evidence beyond a reasonable doubt to convict on two stronger charges: felony criminal vehicular homicide and misdemeanor texting-while-driving. The driver’s sentence included 30 days in jail and a year of probation.

Rep. Keith Franke

“We were insulted, and me and Penny’s family were disappointed in the system,” Ryan Verdeck, Penny’s husband, told the House Public Safety and Security Policy and Finance Committee Thursday.

Driving in a negligent manner while using a cell phone or other electronic device does not constitute gross negligence under current law.

WATCH Full video of Thursday's public safety committee hearing

“Had the defendant been intoxicated by alcohol or controlled substance the statute would apply,” he said. “There’s no accountability when it comes to distracted driving when you hurt or kill an innocent person the way things are currently set up. … In today’s society we can’t change behavior without at least a threat of punishment.”

Sponsored by Rep. Keith Franke (R-St. Paul Park), HF2932 would expand the criminal vehicular homicide and criminal vehicular operation crimes to include when someone negligently operates a motor vehicle while operating a cell phone, or other electronic device, in other than a hands-free mode and causes death or bodily harm to another person. It was held over for possible omnibus bill inclusion.

Its companion, SF2853, sponsored by Sen. Karla Bigham (DFL-Cottage Grove), awaits action by the Senate Judiciary and Public Safety Finance and Policy Committee.

Assistant Dakota County Attorney Kathy Keena said the bill would fill a gap.

“This will allow prosecutors to treat this type of negligent driving the same as someone driving under the influence of controlled substances or alcohol,” she said. “ … This legislation will not only serve as punishment for people who choose to break the law, but will also serve as a deterrent.”

“The laws have to catch up with the crime,” said Rep. Mark Uglem (R-Champlin). “The system is broken right now in terms of the penalties involved.”