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Demovictory9

(37,113 posts)
Thu Dec 3, 2020, 12:36 PM Dec 2020

5 year old boy struck and killed after forced out of car on busy highway for being 'unruly'.

A soldier who forced his longtime girlfriend's 5-year-old son out of his car on a busy highway at night, apparently for being "unruly," has been charged with reckless murder after the boy was struck and killed, police say. Army Sgt. Bryan Starr—who is stationed at Georgia's Fort Benning but lives just over the state line in southeast Alabama—was traveling with Austin Birdseye on Alabama 165 around 8pm Sunday when he stopped his vehicle in a parking lot about two miles from the family's home and made the boy get out in the rain, reports AL.com. The 35-year-old later told investigators that he lost sight of Austin before seeing people gathered in the road. An oncoming car had struck the 5-year-old, who was pronounced dead at a nearby hospital. His mother, 33-year-old Christina Birdseye, was not present at the time.

The driver was not at fault. "There's no indication that they had any chance of not hitting the little guy," who was difficult to make out in the rain and darkness, Sheriff Heath Taylor tells the Ledger-Enquirer. Starr surrendered to authorities after a charge of reckless murder was filed. Per the Ledger-Enquirer, a person can be charged with murder in Alabama if "under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death" to another person. A GoFundMe page set up to raise money for the family initially noted Austin would sing songs "at the top of his lungs while in the car," per Metro, though that line has since been deleted. Taylor questioned how one could "tell a 5-year-old to get out of the car on a rainy night, because they were being loud." "It's just heartbreaking," he said.

https://www.newser.com/story/299508/after-boy-is-forced-from-car-a-charge-of-reckless-murder.html

Starr told investigators that Austin began acting “unruly” in his car as they traveled on the highway near Russell County Road 24, so Starr pulled his Dodge Charger into a church parking lot and made the boy get out in the rain, Taylor said. Starr said he afterward lost sight of the boy, and soon noticed cars stopped on the highway.

That’s where Austin had been hit by an oncoming vehicle, a Toyota Avalon. The road is not well lit there, and the darkness and the rain made the small child hard to see, Taylor said. The driver who hit Austin was not at fault, he said.

“We have their information, and we’ve spoken to them, and will speak to them again, but at this point, there’s no indication that they had any chance of not hitting the little guy,” Taylor said.

https://www.ledger-enquirer.com/news/local/crime/article247505815.html

51 replies = new reply since forum marked as read
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5 year old boy struck and killed after forced out of car on busy highway for being 'unruly'. (Original Post) Demovictory9 Dec 2020 OP
In the rain? lame54 Dec 2020 #1
8pm, dark, rainy, highway Demovictory9 Dec 2020 #3
In a church parking lot jimfields33 Dec 2020 #20
What. The. Actual. Fuck. greenjar_01 Dec 2020 #2
And Ferrets are Cool Dec 2020 #4
Exactly. I'd never get over it. Never. hlthe2b Dec 2020 #5
+1 Ferrets are Cool Dec 2020 #7
yeah, someone is going to need therapy Demovictory9 Dec 2020 #8
Took Me A Month To Get Over... ProfessorGAC Dec 2020 #29
I hit a bird. Felt horrible Demovictory9 Dec 2020 #39
not not not defending the owner, don't know... Chili Dec 2020 #50
yeah. I know many put kids out of the car BUT NOT ON THE HIGHWAY!! here is pic of 165 Demovictory9 Dec 2020 #6
The article says they pulled into a church parking lot coti Dec 2020 #18
Don't be so sure. BGBD Dec 2020 #21
So what happens if you don't have a garage when coti Dec 2020 #22
Do you think BGBD Dec 2020 #23
No, this is nothing like holding a kid's head underwater coti Dec 2020 #24
I don't agree BGBD Dec 2020 #31
Do you realize that you haven't even ruled out coti Dec 2020 #32
You're losing the thread BGBD Dec 2020 #40
I have a strong suspicion that if it wasn't raining coti Dec 2020 #43
You think the rain isn't pertinent? BGBD Dec 2020 #45
It sounds like he abandoned the kid in the parking lot dansolo Dec 2020 #51
Un.fucking.believable. Crunchy Frog Dec 2020 #25
They are lying...no way that kid ended up on the highway from a church parking lot...hope they Demsrule86 Dec 2020 #26
I agree with your being suspicious of the the larger coti Dec 2020 #36
OMG. I just read the article. This was less than 5 miles from my home. Ferrets are Cool Dec 2020 #9
This is SICK. NCDem47 Dec 2020 #10
JFC. That poor driver. How the hell do you ever get over that? Maru Kitteh Dec 2020 #11
Sickening Johnny2X2X Dec 2020 #12
This message was self-deleted by its author Freelancer Dec 2020 #13
I Faux pas Dec 2020 #14
You force a five year old out of a car on a highway malaise Dec 2020 #15
Right? Who effing does that? Bettie Dec 2020 #17
I just can't, process this. FM123 Dec 2020 #16
Horrific honest.abe Dec 2020 #19
Poor, sweet little boy. smirkymonkey Dec 2020 #33
Some people shouldn't be allowed to have kids. cwydro Dec 2020 #27
That child wasn't his. LisaL Dec 2020 #28
I know. cwydro Dec 2020 #30
You know she has to have been aware of his EllieBC Dec 2020 #38
Exactly. She's referred to as a longtime girlfriend. cwydro Dec 2020 #46
I hate to say it but EllieBC Dec 2020 #47
Was she in the car? If so,she should be charged as well. Demsrule86 Dec 2020 #34
I hope he is kicked out of the service. LiberalFighter Dec 2020 #35
I hope BGBD Dec 2020 #41
Unruly?!?! He was 5! EllieBC Dec 2020 #37
A major threat to the welfare and lives of many children is the boyfriend of a mother Kaleva Dec 2020 #42
Oh my heart Delphinus Dec 2020 #44
As a father of three usajumpedtheshark Dec 2020 #48
Jesus Christ vercetti2021 Dec 2020 #49

Ferrets are Cool

(22,540 posts)
4. And
Thu Dec 3, 2020, 12:40 PM
Dec 2020

this motherfucking asswipe has forever fucked up the mind of the driver who hit the child, not to mention all the relatives who are in mourning now. Goddamn him to hell.

ProfessorGAC

(75,884 posts)
29. Took Me A Month To Get Over...
Thu Dec 3, 2020, 03:39 PM
Dec 2020

...hitting a cat in a 45mph zone.
Cat came out from under a car in a driveway.
Saw it way too late.
I felt terrible for a month, and there was nothing I could have done.
This despite the fact that our cats are 100% indoors, so they can't get hurt.
I was mad at the pet owners, but felt badly about the cat.
Now, imagine it was a 5 year old boy!

Chili

(1,725 posts)
50. not not not defending the owner, don't know...
Fri Dec 4, 2020, 02:42 AM
Dec 2020

...but I'm taking care of 2 strays and 4 ferals that I took over as a community/family from the wonderful elderly lady across the street - we live near a park, where MFs dump their cats and abandon them. She had them TNR'd and given shots - cost her a fortune. But her health eventually gave way and we lost her. She has a fantastic son who would stop by after work every day to feed them, give them fresh water. After a few months of that, I felt so bad I offered to take over. Four years later, I'm still working on getting 3 of the ferals inside the house, but they are afraid of my 2 dogs - the other three basically stay in the house in the winter and dominate . But they still demand out sometimes. So I worry worry worry about them, all the time, crossing the street, chasing each other out there... I can't control them. Thankfully we live on a quiet street, but there are always assholes driving too fast, not paying attention to anything.

Don't know how many people who take care of ferals / strays can afford this - sh*t, *I* can't afford it - but I'm in the middle of converting my beat-up backyard into a half dog run / half large catio, with cat-proof fencing all around to keep them out of the street. I would say I'll be eating cat food for a long time once it's done, since I'm so broke now, 'cept they eat Blue Buffalo which damn near costs what I eat.

So... just saying that, possibly, that cat was an outdoor cat who just had an unlucky moment. I feel terrible for both of you.

Oh and, f*ck me if I ever hit any pet or animal, or God forbid, a child... my life would be over, it would be devastating.

coti

(4,625 posts)
18. The article says they pulled into a church parking lot
Thu Dec 3, 2020, 01:24 PM
Dec 2020

How he "lost sight of the boy" I have no idea, though.

I don't think the connection between taking a child out of a car in a parking lot and the child being killed is that clear, so if there isn't more to the story (like the somehow losing track of the kid part) the charge could be lowered significantly.

 

BGBD

(3,282 posts)
21. Don't be so sure.
Thu Dec 3, 2020, 01:47 PM
Dec 2020

He could easily be looking at 2nd degree murder charges based on GA law.

(d) A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.


Georgia Code Title 16.

Crimes and Offenses § 16-5-1

(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.



§ 16-5-70 - Cruelty to children

Easy to argue that putting a 5 year old out of your car, in the rain, on the side of a highway (or close enough) and allowing them to get in the road and hit by a car doesn't qualify as criminal negligence. Forcing a child out of the car in the rain at night is also easily qualifies as causing mental pain.


coti

(4,625 posts)
22. So what happens if you don't have a garage when
Thu Dec 3, 2020, 01:55 PM
Dec 2020

you get home when it's raining? Do you have to wait in the car until it stops, lest you get arrested for cruelty to your child?

Or is it that such purported cruelty is justified, getting the kid out of the car and going into the house, multiple times per year?

Should one cry once they get inside, for the evil they've had to put their children through in this terrible life? Do the kids need to go to therapy after getting rained on?


You also seem to have really downplayed the enormous difference between taking a child out of a car in a parking lot-- also a pretty routine activity-- and taking them out directly on the side of a highway.


If I was looking to string this man up for recklessness leading to the child's death, I'd be looking at WTF exactly was he doing while the child was running from the parking lot into the highway, which the article is totally absent in explaining.

 

BGBD

(3,282 posts)
23. Do you think
Thu Dec 3, 2020, 03:06 PM
Dec 2020

it's reasonable to equate getting out of the car to go inside and forcing a 5 year old to get out of the car in a dark, strange, and clearly dangerous place as a punishment? Beyond that, the child running into the road is his fault, regardless of whatever caused it. It couldn't have happened if he didn't allow it to. He also claims that he "lost sight" of the child and didn't find him until people began to gather in the road. So he was also negligent in that he wasn't even supervising the child who he had forced out of the car close enough to a busy highway that a reasonable person should have understood was dangerous. We're talking about a 5 year old, they aren't old enough to supervise themselves outside of a home.

The "routine" activity you are talking about is in complete disagreement with what happened. Taking a child out of a car in a parking lot always assumes that someone is supervising them as they go into facility, not as a punishment.

This is like saying it's normal to hold a kids head under the water for a few seconds as a punishment because swimming is a normal activity for a kid.


And yeah, I think they should string him up today. I would bat an eye if they took him behind the jail and shot him.

coti

(4,625 posts)
24. No, this is nothing like holding a kid's head underwater
Thu Dec 3, 2020, 03:28 PM
Dec 2020

as a punishment.

You think you have enough information for summary execution, apparently, based on taking a kid out of a car in the rain in a parking lot, "yadda yadda," dead kid in the road. What I've shown is that is not at all the case. Taking the kid of out the car in a parking lot, by itself, does not give proximate cause for criminal culpability if the kid then gets hit by a car. Getting rained on is fairly routine. Kids getting out of cars in parking lots is very routine. By itself, that information doesn't lead to the kind of culpability you want to assign this man. With just that information, you haven't even shown simple negligence related to the result, let alone anything criminal.

It sounds like you agree, though, that we need information about how the kid got in the road (which wasn't even necessarily negligence-- it could have even been intentional on the boyfriend's part, in which case you're talking 1st degree murder).

Until then, we shouldn't be filling in information for what we don't know.

 

BGBD

(3,282 posts)
31. I don't agree
Thu Dec 3, 2020, 03:45 PM
Dec 2020

I don't think we need any information on how the kid got in the road, because he wouldn't be in the road without the clearly negligent actions of the man who was charged with his care. There is NO OTHER way he ends up in the road than this man allowing him to, through his negligence.

But please do explain your reasoning that the kid getting in the road wasn't negligent. The simple fact that he didn't know where the child was proves negligence.

This isn't some unavoidable tragedy. There was several key decisions and action taken by the man that lead directly to the child's death. He could have not stopped the car within minutes of his destination, not forced the child out of the safety of the vehicle, or not allowed him the opportunity to get in the road by supervising him as was his responsibility.

coti

(4,625 posts)
32. Do you realize that you haven't even ruled out
Thu Dec 3, 2020, 03:53 PM
Dec 2020

that he did this 100% on purpose? He could have literally thrown the kid in the road and you would never know it because of the assumptions you're making.

You don't know what happened between the parking lot and the road, and it's not fair to make assumptions. You don't know how long they were outside of the car. You don't even know how far the parking lot is from the road. You don't know if the boyfriend got or made a phone call or reached into the car for a jacket or umbrella. You, and everyone reading this article, are totally clueless to the larger context of what happened here.

All you've done is vilify the man because it happened to be raining when he took the kid out of the car. You want to execute the man because it was raining. You, and certainly our justice system, need to do better than that.

 

BGBD

(3,282 posts)
40. You're losing the thread
Thu Dec 3, 2020, 04:23 PM
Dec 2020

if you think that him tossing the boy into traffic is going to make me want him shot less. You're argument was the his charges would be reduced, but now your saying we shouldn't rule out them being upgraded?

Still, none of the things that you mentioned like taking a phone call or getting back into the car for some reason are examples of non-negligent actions. Negligence happens when you take your eyes off the kid in a situation that a rational person would consider dangerous. I do happen to know how close the parking lot is to the road, just over 100 feet down a hill with no barriers between the parking lot and the highway.

I don't want to execute his because it was raining. I want to execute him because his negligence lead directly to a 5 year old boy dying on a dark highway.

Again, look at it from a reasonable person. They would understand that there was a potential for danger and take steps to make sure that they didn't "lose sight" of the child.

coti

(4,625 posts)
43. I have a strong suspicion that if it wasn't raining
Thu Dec 3, 2020, 04:34 PM
Dec 2020

when the man pulled into the parking lot, you would have had a different reaction to this story.

Regardless, it's an obvious overreaction to want to execute someone based on the information (or lack thereof) presented here. The "yadda yadda" approach would never hold up in a courtroom.

 

BGBD

(3,282 posts)
45. You think the rain isn't pertinent?
Thu Dec 3, 2020, 04:52 PM
Dec 2020

The rain makes it harder to see and harder for a car to stop. That seems important in a case where a kid gets hit by a car because a man "loses sight" of him. The simple fact is that if it was a bright and sunny day, then he probably doesn't lose sight of him as easily, meaning that the dark and rainy conditions made the situation more dangerous. The rain is clearly a contributing factor and should have been a reason to not take the kid out of the car and then not pay attention to them.

He'll get his day in court and they'll convict. I hope when he gets to whichever prison he's head to the officers there "lose sight" of him one night in gen pop.

dansolo

(5,387 posts)
51. It sounds like he abandoned the kid in the parking lot
Fri Dec 4, 2020, 07:04 AM
Dec 2020

Most likely, he forced the kid out of the car in the parking lot and drove off. How else would he lose sight of the boy? The kid probably ran after the car into the street and then got hit by another car.

Demsrule86

(71,499 posts)
26. They are lying...no way that kid ended up on the highway from a church parking lot...hope they
Thu Dec 3, 2020, 03:33 PM
Dec 2020

throw the book at him...piece of crap. You don't put a baby out of the car like...he is garbage.

coti

(4,625 posts)
36. I agree with your being suspicious of the the larger
Thu Dec 3, 2020, 04:10 PM
Dec 2020

story here, how the boyfriend has reported it. There are certainly holes in it.

Response to Demovictory9 (Original post)

Bettie

(19,311 posts)
17. Right? Who effing does that?
Thu Dec 3, 2020, 01:17 PM
Dec 2020

I have three sons.

All of them had their moments of being pains in the butt in the car.

Our way of dealing was to tell them once to knock it off and if they didn't we just pulled over and told them we'd move again when they decided to behave. Sitting in a silent car with obviously annoyed parents did the trick every time.

 

smirkymonkey

(63,221 posts)
33. Poor, sweet little boy.
Thu Dec 3, 2020, 04:00 PM
Dec 2020

What an evil bastard this man is. I hope he pays dearly for this.

EllieBC

(3,629 posts)
38. You know she has to have been aware of his
Thu Dec 3, 2020, 04:22 PM
Dec 2020

“parenting style”.

I tell all of my fellow moms, be careful who you partner with. Your children come first. Protect them. Get rid of the useless man but protect your babies.

 

cwydro

(51,308 posts)
46. Exactly. She's referred to as a longtime girlfriend.
Thu Dec 3, 2020, 04:59 PM
Dec 2020

Why was her child with this monster?

EllieBC

(3,629 posts)
47. I hate to say it but
Thu Dec 3, 2020, 08:31 PM
Dec 2020

too many women do not prioritize their kids. I’ve said for a while that if heaven forbid something happens to my husband or we divorce, I’m staying single until my children are all adults or at least teens.

You don’t need a partner. Yes a partner does make life more pleasant. But if you have kids? You need to take care of them first.

It infuriates me that she let this trash bag of human around her child.

EllieBC

(3,629 posts)
37. Unruly?!?! He was 5!
Thu Dec 3, 2020, 04:20 PM
Dec 2020

5 year olds are still learning how to recognize and self regulate powerful emotions. They still don’t fully understand. How could this piece of shit do this to a baby????

 

vercetti2021

(10,481 posts)
49. Jesus Christ
Fri Dec 4, 2020, 02:08 AM
Dec 2020

What is wrong with these fuckers brains? I would have personally killed him if that were my child he got killed. Now the family and driver have to live with that boys death because some unstable jarhead couldn't handle a 5 year old.

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