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UPDATED: Kaitlyn Dunaway Faces One-Year Maximum Imprisonment for Misdemeanor Vehicular Manslaughter

The Sonoma State Student struck and killed 2-year-old Calli Ann Murray while walking with her mother Ling in the crosswalk near Sunrise Park in Rohnert Park Dec 1.

A Rohnert Park teen, in a Rohnert Park crosswalk while allegedly sending a text message on her phone, was charged with misdemeanor vehicular manslaughter today.

Kaitlyn Dunaway, 18, allegedly caused the death of Calli Murray by texting while driving, driving at an unsafe speed for the conditions and failing to yield the right-of-way to a pedestrian in a crosswalk, Sonoma County District Attorney Jill Ravitch said.

Ravitch said a misdemeanor charge was filed because the alleged driving offenses do not amount to felonies.

The accident has garnered a storm of media coverage, specifically because a band of Rohnert Park residents say the issue is bigger than the tragic death of a little girl. , and they want .

"The enrie law enforcement community is concerned about getting the message out that drivers shouldn’t text and drive," said Assistant District Attorney Christine Cook. "What seems like a few seconds of distraction can have lasting impact and can result in tragedy."

Dunaway, a Sonoma State University student, was issued a citation to appear in Sonoma County Superior Court at 8:30 a.m. Thursday, Ravitch said. 

According to Cook, Dunaway faces a maximum of one year imprisonment.

The collision at 5:30 p.m. on Dec. 1 also injured the girl's mother, Ling Murray, 42, who also was in the crosswalk at Snyder Lane and Medical Center Drive in Rohnert Park.

She suffered major injuries and was in a hospital, then a rehabilitation facility, until early March.

"This is a tragic case," Ravitch said in a news release. "The Murrays will forever mourn the loss of their young daughter."

Ravitch said Dunaway is presumed innocent unless and until she is proven guilty.

"Without regard to the facts or outcome of this case, it bears repeating that driving while texting is a dangerous and real threat to every member of our community. Drivers, passengers and bystanders are all at risk," Ravitch said.

Rohnert Park Department of Public Safety Sgt. Jeff Nicks said in December that Dunaway acknowledged she was using her Verizon phone at the time of the collision but she was unsure if she was texting or talking on the phone.

A headset that would have enabled hands-free phone use was not found in Dunaway's 1997 Honda, Nicks said.

Murray and her daughter were returning to their Rohnert Park home from nearby Sunrise Park. They were walking east on Snyder Lane in the crosswalk approximately 11 feet from the curb when they were struck by the Honda on their left, Nicks said.

Nicks said speed was not a factor in the crash.

Dunaway, a freshman, was returning to Sonoma State University after visiting her mother's home and was devastated after the crash, Nicks said.

Jeff Murray simply said "finally" on his Facebook page today after news broke. 

This article is by Angela Hart and Bay City News. Copyright © 2011 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.

tamar May 17, 2011 at 01:51 am
ABSOLUTELY YES - the more I see ( and HEAR ) of people/ phones the more I view it as compulsive obsessive behavior. Driving under the Influence of a compulsive obsessive behavior - pretty scary .......
Db May 17, 2011 at 11:07 am
IT IS ABOUT TIME SOMEONE IS ACCOUNTABLE
Susan Price May 17, 2011 at 03:29 pm
Yes, definitely. I'm sick and tired of seeing people looking down at their laps WHILE DRIVING - obviously texting. The roads are simply not safe to drive on these days.
Christo Gilberti May 17, 2011 at 04:29 pm
Since when is killing someone a misdemeanor?
Christo Gilberti May 17, 2011 at 04:31 pm
Yes, DUI for cellphones, including with headsets. Studies have shown that talking on a cellphone, regardless of how, is equivalent to several drinks, more than the legal limit.
LAMAUS May 17, 2011 at 08:28 pm
My heart goes out to the Dunaway family, obviously Kaitlyn made a tragic mistake. How many other young adults tex while driving? This could be anyone's child. Take a look around while you are driving, Kids and adults are on their phones or texing everywhere! The younger generation think they can multitask while driving? Perhaps we could put Kaitlyn in charge of that dangerous cross walk for the next year, instead of sending her to jail. Kaitlyn could educate her fellow SSU classmates on the dangers of texing while driving. I know our new District Attorney can come up with a plan for Kaitlyn to avoid this young adult going to jail. Let's let Kaitlyn do some good in the community instead.
John Hudson May 18, 2011 at 01:02 pm
The criminal law is not really the appropriate instrument to deal with this matter. The criminal law is designed to operate on rational thought processes by creating a reason not to act in a certain way. It was not intended to address accidents. The only thing that is not an accident is the use of a cell phone while driving. That was a $25 fine at the time. It is only a matter of luck (bad) that distinguishes this from a $25 fine to a year in jail.
David Korman May 18, 2011 at 04:34 pm
I tend to think that the horror of accidentally killing a child was probably punishment enough for Kaitlyn Dunaway.
Nola Craig May 18, 2011 at 06:08 pm
When is a death a misdemeanor? I can't believe this judgement.........
Good god, you mean to tell me that if I ran over somebody at a crossalk while i was texting I would just get a slap on the wrist and short jail time, what about the dead child that will never get to go to school or the prom. Hope Kaitlynn has a great tikme at volley ball, NOT>>>>
TH May 18, 2011 at 08:27 pm
Read the California Vehicle Code. She allegedly failed to yield while allegedly texting. That is two infractions, neither of which is 'accidental.' In the UK she would get 5 years. In my opinion, that is what it is going to take to stop this dangerous willful behavior.
Angela Hart May 19, 2011 at 02:22 am
Thank you for your comments readers; obviously this is a sensitive and blurry area of the law that is still being navigated. The DA's office feels confident they can get a vehicular manslaughter conviction, they told me the other day...so, well. I don't think there's any right answer.
Annie May 19, 2011 at 04:48 pm
When you're an athlete.
Jeremy Lee May 23, 2011 at 02:03 pm
The best Kaitlyn good can do for the community is to put in prison for 5 years or more. This will strike fear into the hearts of anyone who even thinks about texting while driving.
If you give her 1 year. Honestly, people will not take this crime seriously! And honestly, this is worse than a DUI. Because when your drunk, your judgement is impaired. But when you text while driving, you are fully aware of the dangers and risks. Can't blame it on the alcohol. You were stupid and selfish. Now you have to pay the price.
stephanie May 31, 2011 at 03:02 pm
This is by far the worst thing that has ever happened in Rohnert Park.Calli's death should be a wake up call to all the students of Rohnert Park,nothing has changed,cell phones,texting...what do they equal?? are kids and adults ever going to learn? if a text is that important...PULL OVER!!!!!
whats sad to me is the put up a beautiful memorial to Calli,and a few days later removed it all because its "distracting". Rohnert Park community needs a HUGE wake up call.... There way of making that cross walk safer and more visable...a neon green cone next to the park where the cross walk starts....WOW!!!! Reality check people!!!!
stephanie May 31, 2011 at 03:05 pm
^^^^^ BECAUSE SHE'S A SSU STUDENT!!!!!!!!!!!!!!! sooo un fair!!! if she were any other idiot teenager on her phone she's be getting felony manslughter,but no!! that'll give SSU AND ROHNERT PARK A BAD NAME!!!! well guess what ROHNERT PARK!! it already did.
stephanie May 31, 2011 at 03:07 pm
I agree 100%!!!!
Goose June 1, 2011 at 01:33 am
If the driver would have been latino, they would have done the right thing and classified it as a felony... This stupid girl is getting away with MURDER! Sonoma State should dismiss her, and she should serve a sentence in jail... Yeah she has her life ahead of her, but didn't the little girl she killed have a life ahead of her too??? Where is JUSTICE...
Susan Clark June 1, 2011 at 06:56 pm
Don't do the crime if you don't want to do the time! This is worse than drunk driving because their was no impairment on the drivers part.
STB June 2, 2011 at 02:12 am
I can remember being a distracted driver...taking my eyes off the road to change the radio station, trying to console a crying baby in the back seat, eating while driving....these too are deadly distractions while driving. Not for a second do I believe that this young driver set out that day end the way it did...it is a tragedy, for both families. What would jail time serve for the young driver. I would like to know how many of those with negitive comments and so quick to jail this young women live in a glass house. Lets please all learn and drive distraction free....always, it only takes a second.
Se Park June 24, 2011 at 02:01 am
Kaitlin disgusts me. She deserves the maximum prison sentence if not more. Who cares if she is remorseful or not? Her legal team should stop delaying and get on with it. She took the life of an innocent baby by choosing to text while operating a lethal weapon, her car. Put that pig in jail.
troy June 27, 2011 at 07:23 pm
Has anyone seen this girl's face, especially you, Se Park? Here...
http://www.sfgate.com/cgi-bin/object/article?f=/c/a/2011/05/20/MNQN1JI4TU.DTL&object=%2Fc%2Fpictures%2F2011%2F05%2F19%2Fba-rohnert20_0503492059.jpg This is the face of someone who no longer cares about her life or what happens to her. This is a tragedy for this young woman also. In all other respects, this is an exceptional young woman who wanted to be a police officer after college. Now her whole life as she knew it is over. Now, there are people who are not going to like this, but I think the mother of the child is partially responsible. The car was not speeding, so it had to be close enough to the crosswalk for a pedestrian to wait for it to pass. As a father of a young girl, I would have waited and not taken any chances by stepping into a crosswalk in front of an approaching car at 5:30 PM in December, when it is dark out. Texting or not, a driver may not see someone in a crosswalk in the dark!
Stephen Kirschenmann July 25, 2011 at 03:49 am
Yes, because the judge really cares what school she goes to.
Stephen Kirschenmann July 25, 2011 at 03:49 am
When is killing somebody while driving a misdemeanor? In the United States, misdemeanor manslaughter is a lesser version of felony murder, and covers a person who causes the death of another while committing a misdemeanor – that is, a violation of law which doesn't rise to the level of a felony.
A violation of law, such as texting/talking on phone while driving.
Stephen Kirschenmann July 25, 2011 at 03:52 am
See my comment above.
In the United States, misdemeanor manslaughter is a lesser version of felony murder, and covers a person who causes the death of another while committing a misdemeanor – that is, a violation of law which doesn't rise to the level of a felony. Why bring volleyball into this? I'm sure YOUR hobbies are very relevant to any law you've broken. I'm sure you've NEVER gone over 65mph on a freeway.
Stephen Kirschenmann July 25, 2011 at 03:53 am
This isn't "worse than a DUI." If you're going to drink, you need to make plans ahead of time to drive. There's a much more thought and time put into your night of drinking and potentially driving than sending a text for 20 seconds.
Stephen Kirschenmann July 25, 2011 at 03:55 am
"Calli's death should be a wake up call to all the students of Rohnert Park."
Seriously? What does this have to do with students of Rohnert Park? Yes, she was a student at SSU, but that seems pretty judgmental of you to think that ALL students of RP are driving through crosswalks while texting. Maybe this should be a wake up call to people WALKING through unguarded crosswalks, too.
Stephen Kirschenmann July 25, 2011 at 03:57 am
1.) Race has NOTHING to do with this.
2.) Her actions outside of school should have no reflection upon her academic standing at a public school. 3.) She's NOT getting away with MANSLAUGHTER, which is different than murder. There has been no conviction yet. She STILL may serve time in jail. 4.) Both of them had/have lives ahead of them. Don't discount Dunaway's life just yet.
Stephen Kirschenmann July 25, 2011 at 03:58 am
She disgusts you? She broke a minor driving law that doesn't even result in a moving violation. I'm sure you never break any of those laws either because you're prefect.
Stephen Kirschenmann July 25, 2011 at 04:02 am
Thank you Troy. I'm really tired of people blaming other people for their mistakes. Murray and Dunaway are both responsible in this situation. It's up to the judicial system to determine the sentences, but that doesn't really matter, does it? You need to be able to watch out for yourself if you're crossing an unguarded crosswalk, however that doesn't alleviate Dunaway from her responsibility. You have to respect the fact that there's a piece of metal that weighs 4000 pounds coming at you. Look around.

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