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This is a nice trick, see if it works for you next time you find yourself facing felony charges:
A financial manager for wealthy clients will not face charges for a hit-and-run because it could jeopardise his job, it has been revealed.
Martin Joel Erzinger, 52, was set to face felony charges for running over a doctor who he hit from behind in his 2010 Mercedes Benz, and then speeding off.
But now he will simply face two misdemeanour traffic charges from the July 3 incident in Eagle, Colorado.
Neat trick, what? Because his employment might be in jeopardy since he would need to disclose his felony convictions to clients and his employer (thus endangering his ability to earn a living, and pay restitution) Erzinger’s charges have been reduced to misdemeanor.
Justice, in this case, includes the capability to pay restitution, says District Attorney Mark Hurlbert:
He said Erzinger, a private wealth manager who manages more than $1billion in assets at Morgan Stanley Smith Barney in Denver, is willing to take responsibility and pay restitution.
‘Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,’ he said.
‘When you’re talking about restitution, you don’t want to take away his ability to pay.’
Dr Steven Milo, 34, Erzinger’s victim, a husband and father of two children, faces a lifetime of pain from his injuries and may not work again:
He suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents.
Over the past six weeks he has suffered ‘disabling’ spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.
‘He will have lifetime pain,’ his lawyer Harold Haddon told the court.
‘His ability to deal with the physical challenges of his profession – liver transplant surgery – has been seriously jeopardised.’
Dr Milo told Hurlbert that the case ‘has always been about responsibility, not money’.
‘Mr Erzinger struck me, fled and left me for dead on the highway,’ he wrote. ‘Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.’
So, when you are next facing felony charges, you better hope (if you are rich) that you have a District Attorney as responsive to wealth as Mark Hurlbert was in this case: that your ability to earn an income trumps the victim’s right to see you punished for your wrongdoing.
58 Comments
IOKIYAMOTU.
I would love to know the residential status of the perp and the victim in this case: does the perp own property nearby? does the victim? whose property is worth more?
A money manager (and a billion under portfolio isn’t really a lot) might make more than a liver transplant surgeon, but whose work does society actually value?
I’m wondering if this gives anyone in a field that won’t employ felons functional immunity from criminal prosecution.
Probably depends on where the income cut off is – if it’s a minimum wage job, then no but if the job level is an income of $500K or more, apparently it is a true “get out of jail free” card
The perp lives nearby and the victim lives in New York. I call bullshit on the whole thing.
Petition to charge the bastard with a felony.
http://criminaljustice.change.org/petitions/view/da_mark_hurlbert_dont_drop_felony_charges_against_hit-and-run_wealth_manager
This is some seriously sick shit . . . thanks Mary for that link, letter sent.
Geez, what sick fucks the perp and the DA are . . . incredible.
I think that the animosity towards bicyclists also plays into this egregious miscarriage of justice.
Having known personally four people who were killed by motorists while they were bicycling, and many others struck by motorists, I know how rare it is for the careless motorist who assaults a bicyclist, or commits vehicular manslaughter to ever see a day in jail. Bicyclists are not respected. There’s a prejudice in our society: bicyclists are transportation niggers. Otherwise they’d be driving a car. The irony here is that the victim is a member of what used to be considered a prestigious profession.
Hurlbert is probably already a mega-millionaire and would never have to work another day in his life and still be able to live in luxury, merely managing his own stash. So there’s no need to be concerned about his job.
Ah, back when we were a Constitutional democracy, this sort of thing would never have gone down like this.
The same DA – Mark Hurlbert – did, however, think that swapping identities for a mountain bike race was worth a felony charge:
“Veteran endurance athlete Wendy Lyall, 36, used Katie Brazelton’s entry number in the 2009 race, finishing second in the women’s age 40-49 class… Lyall has been charged with criminal impersonation, a Class 6 felony. Brazelton, 40, will face the same charge, District Attorney Mark Hurlbert said.”
Dr Steven Milo, 34, Erzinger’s victim, a husband and father of two children, faces a lifetime of pain from his injuries and may not work again:
Don’t worry if he becomes addicted to pain pills I’m sure the same D.A won’t take away his license to practice medicine.
Wonder if the fund manager handles the pension money for the jurisdiction.
Also wonder if the victim works in a public hospital here in New York, like Bellevue or St. Luke’s. Sure can’t run a lucrative private practice. And how does being able to work fit into the fact pattern? Don’t most people who commit crimes face the loss a voting? Ahhh, probably a reliable GOP voter. Can’t afford to lose that one vote.
I haven’t ever gotten a job where I used my degree thanks to my pot felony :(
I think that the animosity towards bicyclists also plays into this egregious miscarriage of justice.
Having known personally four people who were killed by motorists while they were bicycling, and many others struck by motorists, I know how rare it is for the careless motorist who assaults a bicyclist, or commits vehicular manslaughter to ever see a day in jail. Bicyclists are not respected. There’s a prejudice in our society: bicyclists are transportation ni88ers. Otherwise they’d be driving a car. The irony here is that the victim is a member of what used to be considered a prestigious profession.
Hurlbert is probably already a mega-millionaire and would never have to work another day in his life and still be able to live in luxury, merely managing his own stash. So there’s no need to be concerned about his job.
signed
District Attorney Mark Hurlbert either has a conflict of interest we don’t know about or is biased in favor of the rich.
This is class warfare do poor people ever get breaks like this from him? Can we target this guy?
Should FDL start having files for an enemies list? You are not Paranoid if they really are trying to get you.
OT – Teddy, there’s an AP story in the Maui News headlined “Hawaii positioned to pass civil unions law,” and detailing Abercrombie’s support.
There are still a lot of conservative religious assholes here who wield far more power than they should, but I think it’s gonna happen this time.
Sorry about no link, but should be easy to find.
I guess you just can’t make this sort of shit up.
‘Mr Erzinger struck me, fled and left me for dead on the highway,’
42-4-1601. Accidents involving death or personal injuries – duties.
(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary.
(2) Any person who violates any provision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(b) A class 5 felony if the accident resulted in serious bodily injury to any person;
(c) A class 4 felony if the accident resulted in the death of any person.
A and B seem to have been committed here. Also can convicted felons even be financial advisers?
I smell conflict of interest
But motorcyclists can be run down on purpose with no penalty.
Meanwhile,
“Felony convictions have some pretty serious job implications…When you’re talking about restitution, you don’t want to take away his ability to pay.”
Normally sitting in prison does have serious job implications. How ’bout you throw his ass in jail for a number of years. He won’t be needing his fancy car, home, bank account, etc., so those can go to the vic.
This was in the original article in Vail Daily: “Erzinger, an Arrowhead homeowner, is a director in private wealth management at Morgan Stanley Smith Barney in Denver. His biography on Worth.com states that Erzinger is ‘dedicated to ultra high net worth individuals, their families and foundations.’”
In a capitalist society, work “dedicated to ultra high net worth individuals” is always valued more.
Plus, doesn’t the insurance company pay for some of this?
The Vail Daily has more details about the accident:
“Erzinger allegedly veered onto the side of the road and hit Milo from behind. Milo was thrown to the pavement, while Erzinger struck a culvert and kept driving, according to court documents.
“Erzinger drove all the way through Avon, the town’s roundabouts, under I-70 and stopped in the Pizza Hut parking lot where he called the Mercedes auto assistance service to report damage to his vehicle, and asked that his car be towed, records show. He did not ask for law enforcement assistance, according to court records.
“Erzinger told police he was unaware he had hit Milo, court documents say.
“When Avon police arrived he was putting a broken side mirror and a bumper in his trunk, court record say.
“Meanwhile another motorist, Steven Lay of Eagle, stopped to help Milo and called 911.”
Sounds pre mediated what did he think caused the damage to his car a deer? The Cops should have tested him for drugs after all his own words suggest he was to drunk/stoned/distracted to notice he hit someone?
There must be a reason why he was so distracted I hope he told the D.A his reason I would like to hear it.
The victim – Milo – was told that Erzinger would face a felony charge, and the complaint originally included a felony count because it resulted in serious bodily injury. Things changed, though, over the summer:
“The original complaint included a felony count against Erzinger for causing serious bodily injury. Deputy DA Mark Brostrom is prosecuting the case and Milo says in court documents that Brostrom called Erzinger’s July 3 actions ‘egregious.’ Prosecutors pleaded the case down to a misdemeanor later in the summer, then in August told Milo and his attorneys that Erzinger would face a felony charge, Haddon wrote.
“But on Sept. 7, Brostrom told County Court Judge Katharine Sullivan that the case would be pleaded as a misdemeanor. That’s the first time Milo or his attorneys had heard of it, Haddon wrote, and they protested ‘in the strongest possible terms,’ Haddon wrote.”
Oh, just come kill me, assholes. And take all my shit. And run your car over my face. And waterboard me for giggles.
Dang, we used to have a sort of civilization here. Oh well.
Here’s Erzinger’s excuse:
“Court records say prosecutors expressed skepticism to Milo at a suggestion by Erzinger’s defense attorneys that Erzinger might have unknowingly suffered from sleep apnea, and that might have made him caused him to fall asleep at the wheel and hit Milo.”
For awhile I’ve been thinking about corporations and individuals paying restitution. How about we get some of that?
If every employer refused to hire felons, perps could use this excuse everywhere at all times. Then we could basically close all prisons and save a ton of money. Win-Win?
Here is where we are supposed to spontaneously start singing God Bless America.
This seems too outrageous to believe based on what is in the Daily Mail article.
A few minutes of checking and Even More on D.A. Hurlbert turned up.
See the local coverage of the hit and run prosecution decision here Alleged hit-and-run driver may not face felony at the Vail Daily. In the comments may be found reference to a previous incident where felony charges were filed-
<a href="http://abusivediscretion.wordpress.com/2010/05/08/da-mark-hurlbert-charges-two-top-women-mountain-bike-racers-with-felony-criminal-impersonation-for-using-false-bib-number-in-leadville-trail-100-competition-snowball-prosecutor-strikes-again/" DA Mark Hurlbert Charges Two Top Women Mountain Bike Racers with Felony Criminal Impersonation for Using False Racer Number in Leadville Competition: Snowball DA Strikes Again – UPDATED
How it turned out in the end for the bicyclists:
<a href="http://www.bikeradar.com/news/article/wendy-lyall-accepts-plea-bargain-in-leadville-trail-100-impersonation-case–26466" Wendy Lyall accepts plea-bargain in Leadville Trail 100 impersonation case
Maybe Erzinger and his lawyers should look up the definition of sleep apnea before using it as an excuse.
Can a moderator please fix the links in my comment at 8:03 as I can’t.
I forgot the after “UPDATED”, and after “100 impersonation case”.
Additional question can block quote be done manually at this time? if so how?
EAGERLY AWAITING EITHER PREVIEW OR EDIT FUNCTIONS.
Thank you.
There was a case in Los Angeles recently that was very similar. A car (driven by a doctor, IIRC) hit a bicyclist from behind.
The driver was found guilty of a felony. He tried to blame the cyclist, too.
This may not be the most fucked up thing I ever heard, but it’s nomination worthy.
What was that Heinlein book about a society that “balances”: The one where a reckless driver was punished by having inflicted on him the same injuries his victim suffered?
A felony has job implications for anyone convicted of a felony. What makes this man more worthy of getting off like this than the man who murders another?
More on Hurlbert here: Mark Hurlbert, Failed Kobe Bryant DA, to Run for Colorado State Senate Against Tim Leonard – Updated
“Mark Delbert Hurlbert, the prosecutor best known for his failed and aborted prosecution of Laker’s basketball star Kobe Bryant”
Well perhaps Hurlbert will now be know for ensuring big money earners jobs are not threatened more than the failed Bryant prosecution.
D.A. Hurlbert also thinks term limits should not increased for him.
” In a video from an August 2009 Republican event (discovered after this article was originally published) Hurlbert stated that “after four years as DA you’re just finding out where the bathroom’s at.””
Link to this video here. Term Limits discussion starts at 2:45 and the bathroom finding is at 3:20.
signed
exactly. couldn’t have said it better.
why not have 2 sets of laws, one for working stiffs, and one set of laws for people who can buy and sell other people like so much disposable happy meals.
Heinlein’s book that contained this world – called Buelahland – was Number of The Beast.
He’s only willing to “take responsibility” because he was caught and he doesn’t want to go to prison or lose his job. He wasn’t willing to take responsibility when he fled the scene of the accident.
The guy has no sense of responsibility or ethics. Why should he be entrusted to manage others’ money?
Ask any criminal defense lawyer. This is a common defense. Sometimes it works, sometimes it doesn’t. In this case it’s pretty outrageous not see a felony charge. Then again, it’s Eagle County.
Thats fucking depressing. The law in this country is so schizophrenic and terrible. Double standards abound, a police officer can kill someone and get 2 years…if that, in the wrong state $10 of weed can get you much more than that.
Bumper US banana harvest for next year.
Does anyone want to say with a straight face that a financial manager doesn’t have enough passive income in the form of investment dividends and profits to provide a family with basic needs?
I think if I were a judge, and anyone made such a defense, I’d order, sua sponte, a forensic account to confirm that the claimant is being completely sincere with the court.
I’m ONLY expressing my layperson’s opinion and asking questions, of course. I’m not a professional.
You’ve got to understand: Eagle County, Colorado is the home of (or on the highway to) Aspen, Beaver Creek and Vail.
You couldn’t have the people spending there subject to the same justice as the help. They might move elsewhere. The DA knows that.
two words: Civil Trial
and I would imagine a decent attorney would pound the shit out of the DA’s, um, rationale for dropping the charges to a jury
p.s. my spidey says we aren’t done with this story – how long before we find some n’er do well relative of the DA was given a job by the offender’s firm, or some other tie btw DA and perp
if anyone would like to contact mr erzinger directly:
martin.j.erzinger@morganstanleypwm.com
So where does this District Attorney draw the line? What if the doctor had been killed? Is responsibility to be defined by your financial circumstances? If the driver had been poor, he would go to jail, but since he is wealthy his responsibility is related solely to money?
In other words, this is literally one law for the rich and another for the poor. I can’t express the disgust and contempt I feel.
Yeah, he sounds like the type of man who would piss in a corner for four years while he was finding out where the men’s room was.
signed and posted on FB.. :) xox
He isn’t more worthy, but he is a wealthy man whose job is creating more wealth for already obscenely wealthy clients. Therefore, in today’s America, Mr. Erzinger is deemed more valuable than the man whom he hit and injured.
It’s an outrageous miscarriage of justice. Is the D.A. in this case an elected official? If so, if I lived in his jurisdiction, I’d petition for recall.
Note also that the attorney retained by the doctor victim in this case, Harold Haddon, was Kobe Bryant’s attorney in the action that so embarrassed Mr Hurlbert.
I found the musical accompaniment finally.
http://www.dailymotion.com/video/x2pskl_the-boomtown-rats-banana-republic_music
Exactly. Civil suit, and strip every penny the b*st*rd has from him. In a way, that might be a more just punishment than prison time.
Leave Mr. Enzinger with precisely enough income to put him $1 over the FPL for his family size. Everything else (including all his current assets) should go to Dr. Milo.
I’ve been checking the numbers for the petition on a off all day. It looks like after Jackie posted it on Facebook, that the petition number jumped more than 2,500 signatures in only this evening West Coast time. The new goal is 10,000 and I think we’ll reach it! WOO HOO!!
To provide any protection for anyone, the laws have to apply to everone. When the law is not implied impartially, you do not end up with impunity for the wealthy and influential. You end up with private justice based on retaliation.
Eventually, a hedgefund manager does something like this, and some of the victim’s relatives or Navy buddies or something have a few beers, get mad, run the perpetrator off the road and beat him to death in a ditch. Then, when a jury of their peers refuses to convict the killers, the hedgefund manager’s family hires someone to punish them. Someone then punishes both the manager’s family and its hirelings. The circle gets wider and wider, and soon you no longer have a civilization.
If the above seems fanciful, remember that modern notions of criminal law arose as a way out of just such situations. Ancient Germanic law was based on blood vengeance, much as I’ve described above, and produced much the same result: long-running, often uncontrollable feuds. Iceland’s medieval saga literature is essentially defined by this theme.