The killing of Jennifer Bukosky, her unborn child and 10-year old daughter on Hwy 67 In Oconomowoc when their car was struck from behind by an SUV driven by Mark Benson is a great tragedy. Mark Benson, a former physician, is charged with homicide by intoxicated use of a motor vehicle. This tragedy is hard to fathom. Every compassionate human being feels the pain and sorrow of the grieving families and friends. What is also tragic is that a man who was trained as a physician to save lives, becomes the cause of ending three lives.
In today's life we come to accept certain realities: one of them is the risk involved in using a motor vehicle. Accidents do happen every minute of every day. We accept these risks. We accept, reluctantly, the human error factor; a mechanical failure, or the weather conditions factor. But we shouldn't accept accidents caused by self-inflicted judgement impairment.
The taking of a human life, by any mean, is a murder. Using a weapon to kill somebody is called a murder. Pre-meditated use of a weapon is considered first-degree murder. A car is a weapon. Why shouldn't, then, murdering somebody by intoxicated use of a motor vehicle be called first-degree murder? Everybody knows that excessive drinking, or drug abuse, cause judgement impairment. You hear and are told "Don't drink and drive", but it is ignored. Knowing that your judgment is going to be impaired and yet you insist on driving and cause an accident.....shouldn't this be considered a pre-meditated act.
After every tragedy there is always a public outcry and calls for action. After this tragedy various suggestions were raised to enact laws for stricter and stiffer penalties. But when the story is out of the headlines and is forgotten, and the public outcry dies down then it is business as usual. We are already seeing questions raised whether any legislation will help. (See the Journal-Sentinel front page story of Saturday May 17, 2008 "Drunken driving law change questioned".)
Politicians and lobbyist will argue about what to do. But the family, friends and colleagues of Jennifer Bukosky, and other families who faced similar tragedies, will go on grieving and feeling the sad emptiness left by the loss of precious lives. But, sadly, the story will be forgotten by the general public until, Heaven forbid, another similar devastating tragedy occurs. Then the same cycle starts all over - the headlines, the public outrage,the calls for action.......the forgetfulness. I agree with NewBerlinNOW.com blogger Paul Gallagher regarding life in prison after the fourth offense. But I will also go further, we need a stronger deterrence: classify "homicide by intoxicated use of a motor vehicle" a first-degree murder.
I wish you and your family a safe and Happy Memorial Day Weekend.
