In Kentucky, vehicular homicide while speeding and text messaging is ok

A Kenton County grand jury's refusal to indict text-messaging teen driver Jeremy Deming for the May 7 accident that killed 2½-year-old Nhiem Jennings has left some questioning if justice was served.

Deming admitted at the scene to driving about 10 mph over the speed limit and text-messaging on his cell phone before hitting the boy, yet the Covington teen, now 19, seems to have gotten off without even a traffic ticket. He had faced a Class D felony charge of reckless homicide. This case is more proof Kentucky needs a lesser vehicular homicide charge such as Ohio's negligent homicide statute. It also suggests the need for tougher laws against multi-tasking motorists.

There are some who argue Nhiem's uncle or the uncle's girlfriend were remiss in not keeping the youngster safe, and new legislation cannot be based on a single sad case. Deming and the Jennings family surely feel miserable about Nhiem's death. But Kentucky juries should be given more options in vehicular death cases. Commonwealth's attorney Bill Crockett had given the grand jury the option to indict on misdemeanor charges. They declined.