MADD WALK: IAN KINNEY'S FAMILY AND FRIENDS

Ian Kinney’s Family and Friends

Every 15 minutes in this country another person is hit, injured or killed by a drunk driver.

Dear Family and Friends of Ian Kinney,

Be a Walker & help us help MADD save precious life. We formed team, ‘Ian Kinney’s Family and Friends’ & walked the walk to end drunk driving for the 1st time in September 2008…two months after our 19 year old son, Ian Kinney was tragically killed by a drunk driver.

At this year’s walk with your help, we hope to raise $1500 for MADD’s crusade to eradicate these 100 % preventable injuries & deaths. The money we raise helps heighten awareness of the life and death realities of drunk driving.

To join our team log on to:

www.walklikemadd.org/sandiego

Select: ‘Join a Team’ or ‘Donate Now’.

Type team name: ‘Ian Kinney’s Family and Friends’ & follow the prompts.

Walk with us in a show of solidarity for the memory of Ian & all victims.

Look to the web site for more information about becoming a Walker ~ Virtual Walker ~ Walker Youth

‘Walk Like MADD San Diego’ Saturday, October 8, 2011.

Registration: 8:30am, 5K walk begins at 9:30am.

2455 Cushing Rd. NTC Park, Liberty Station north of Lindberg Airport San Diego.



We would like to thank all of you that have been involved and will be involved in ‘Walk Like MADD San Diego’ with your presence or donations. Your love and caring means the world to us!

Debra and Scott Kinney

The Maximum Sentence Handed Down For Ian Kinneys Killer

On the morning of January 8, 2010, almost 18 months after killing both our 19 yr old son Ian Kinney and Joseph Edwards and horribly injuring Ian's girlfriend Tessa Maderis in a drunk-driving crash, Judge Herbert J. Exarhos sentenced Shannon Kelly Shimp to the maximum sentence possible for his crimes, 16 years. Shimp will have to serve at least 85% of the time... a minimum of 11 years in prison.

Shimp, 36, was convicted of two counts of gross vehicular manslaughter and driving under the influence causing death or injury to 3 persons after a trial in September. Shimp was intoxicated ( .19 ) and had methamphetamine in his system when the flatbed utility truck he was driving with reckless and depraved indifference, spun out of control, launching and crash-landing on top of Ian's 1996 ES 300 Lexus, on a stretch of Hwy 78.

Tessa said, "I went through the most horrible thing anyone should ever go through. I had to watch my boyfriend die in front of my face, not being able to do anything about it."

Ian's mother, Debbie and I, Ian's two brothers Derek and Jacob, both sisters-in-law Chandra and Katie, his uncle Steve and others addressed the court before sentencing. "How many people have to be killed before our laws change to protect these innocent victims? Why do we have a 'War on Terror', a 'War Against Drugs' and not a War Against DUI Murderers? We lose more people in this country to the thoughtless actions of drunk drivers than we do in our war in the middle east." Pleaded Debbie.

I told the court, "Ian was our baby, youngest of three sons of which we are very proud. Ian was 14 when our home burned to the ground in the 'Cedar Fire'. Ian worked beside me summers and weekends as we rebuilt our home becoming a skilled carpenter and a fair electrician. He had just been accepted into a union carpenter apprenticeship program days before his death. He also looked forward to continuing his higher education. Never more.

Ian's legacy will be his warm smile and easy laugh, his kindness to strangers, loyalty to friends, his willingness to offer his hand to make our burden lighter, his good natured and spirited horsie-back-rides with his young nieces, his self-deprecating humor and love of family... a fully fledged humanist: a person with a strong concern for human welfare, values and dignity."

Shimp was unfortunately acquitted of the more serious charges of two counts of second degree murder. "I'm just so very sorry," Shimp said in court. "If there was anything I could do to make things right, even if it meant give my life for theirs, I would do it in a second."
Shimp's father also spoke, directly to our family, he asked for our understanding, that he was ashamed for the actions of his son of that July evening. The judge called it genuine remorse. "Still", he said, "it does not change what happened that night."

We very much appreciated the opportunity to speak to the court and Shannon after months of sitting silently in the courtroom. It felt right to get some things off of our chest and onto the record. Does any of this bring back, Ian? No.
But, Ian knows we as a family and community vigorously supported the strident prosecution and ultimate sentencing of his murderer.

To all of you who attended endless legal hearings and trial proceedings, thank you so much for your strength, love, support and encouragement. May, Ian Rest in Peace.

Sincerely, Scott Kinney

Sentencing will be Friday January 8, 2010

Sentencing for Shannon Kelly Shimp will happen on Friday, January 8, 2010 at 9am in Dept. -17 El Cajon Superior Court, El Cajon CA.
Shannon was convicted by a jury in September 2009 of;
COUNT 3: PC191.5(a) GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED
WITH PC12022.7(a) X 2 PERSONAL INFLICTION OF GBI
WITH VC23558 DRIVE AND CAUSE GBI OR DEATH TO MORE THAN 1 VICTIM
COUNT 4: PC191.5(a) GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED
WITH PC12022.7(a) X 2 PERSONAL INFLICTION OF GBI
WITH VC23558 DRIVE AND CAUSE GBI OR DEATH TO MORE THAN 1 VICTIM
COUNT 5: VC23153(a) DRIVING UNDER THE INFLUENCE OF ALCOHOL CAUSING INJURY
WITH PC12022.7(a) X 3 PERSONAL INFLICTION OF GBI
WITH VC23558 DRIVE AND CAUSE GBI OR DEATH TO 3 VICTIMS
COUNT 6: VC23153(a) DRIVING UNDER THE INFLUENCE OF ALCOHOL CAUSING INJURY
WITH PC12022.7(a) X 3 PERSONAL INFLICTION OF GBI
WITH VC23558 DRIVE AND CAUSE GBI OR DEATH TO 3 VICTIMS
I will speak on behalf of Ian and his family as will one of Ian's brothers. We will ask the judge to sentence Shannon to the maximum time allowable; 18 to 24 years... We wish it were for life, alas a life sentence is one we Ian's family and friends will serve. This woeful tragedy which began with Shannon's selfish lack of care or concern for the life and welfare of his fellow motorist and culminating in a horrific crash that crushed the life from Ian and Mr. Edwards, grossly injured Tessa Maderis and ripped a bleeding hole in our hearts will hopefully and finally come to a just end Friday. Scott Kinney

Not Guilty Verdict for Murder

We are extremely disappointed to report that Shannon Shimp was found not guilty on Friday of 2nd Degree Murder of our son/brother Ian. He was however, convicted of two counts of Gross Vehicular Manslaughter (for Ian and Joseph Edwards), causing great bodily harm while under the influence (for Tessa Medearis), and driving under the influence. We are hearing different numbers as to the maximum sentence that Shimp may receive with these charges, either 17 or 24 years. This is much less than the potential life in prison that Shimp may have faced if he had been convicted of 2nd Degree Murder.

In an interview with 10 News Friday night regarding the decision the jury foreman stated "we did not feel that the driver at the time intentionally comitted murder." Obviously nobody believes that when Shimp drunkenly put his key in the ignition that evening he was planning on killing Ian and Mr. Edwards on the ride home. This would be "expressed malice," in which one has a deliberate intention to unlawfully take away the life of another. However, a 2nd Degree Murder conviction can result if it is believed that the killer was acting with either expressed malice or "implied malice." We can only assume by the jury foreman's statement that the jurors misunderstood the definition of the implied malice finding that was required to reach a 2nd Degree Murder conviction in this case. Implied malice is found if:

1. (he/she) intentionally committed an act;

2. The natural consequences of the act were dangerous to human life;

3. At the time (he/she) acted, (he/she) knew (his/her) act was dangerous to human life;

AND

4. (he/she) deliberately acted with conscious disregard for human life

Shimp drove his truck to Molly Malone's to drink (they were not serving food) and intended to drive afterwards. We believe that Shimp, like anyone else, was aware that driving his utility truck with Methamphetamine in his system and a .22 Blood Alcohol Content (his BAC at the time of the collision) was dangerous to himself and others and had the potential to cause loss of life. Furthermore, Shimp knew that it was dangerous for him to drive as he had been cut off by the bartender for being too intoxicated and was warned not to drive. Shimp's decision to drive in this extremely intoxicated state (nearly 3 times the legal limit) anyways showed a conscious disregard for human life in itself, let alone the addition of his wreckless driving which included driving on the wrong side of double yellow lines and passing others on blind corners. On top of all of this he was driving on a suspended license and had no insurance.

We feel that all of the requirements for a Murder 2 conviction were present in the case of Ian's death and we are having a very difficult time understanding how this didn't come to be. Shimp did not offer Ian a second chance when he careened into his lane sideways in his 12000 pound utility truck and crushed him, but with this verdict the jury has said that Shimp deserves one. We disagree.


Below are links to a few of the many news stories that have aired recently.

NBC 7/39 News
Channel 10 News
Channel 6 News

The Trial Began Tuesday September 8, 2009

The trial began Tuesday 9/08/2009 with jury selection. By early Wednesday afternoon a jury had been chosen and the first witness was called. Thursday more witness testimony; it is possible that all witnesses will have testified by next Tuesday. The judge has forecast a two week trial.

Trial to Begin Tuesday September 8, 2009

This morning the last of the pretrial hearings ended with a judgment allowing a video prepared by the DA's office to be entered into evidence. The video is from a drivers perspective traveling to the collision site on Hwy 78 from both East and West directions.

This was the last huddle before the trial; which will begin Tuesday, September 8, 2009 in department-17 at 9am. We understand that the trial could take up to two weeks. The first day or two will be spent seating a jury. No court Wednesday, September 16.

Please feel free to attend any day of the trial to support the DA's prosecution of Shannon Shimp.

Thank you for your support in Ian's memory. Ian's family

Pretrial Motions Hearing ~ August 27, 2009

The next Motions Hearing is Thursday August 27, in Department -17 at 9am.

The trial is Scheduled to begin Tuesday September 8, in Department-17 at 9am.

A Pretrial Motions Hearing in August

A pretrial motions hearing scheduled for Monday, August 24, 2009 will happen instead, either on Thursday, August 27, or on Friday August 28 2009 in Department-17 at 9:00 am. We will post the date as soon as we have that information.
The Trial is still scheduled to begin on Tuesday September 8 in Department-17 at 9 am.

Collision scene from CHOPPER 8 HD

This image of the collision scene aired on Channel 8 in HD,
July 23, 2008; the morning after the crime under the banner of:
" NEW THIS MORNING "
" NAMES RELEASED OF VICTIMS IN DEADLY CRASH IN JULIAN "
At the lowest point left in this ghostly image is the logo of the shows sponsor:
KS PACIFIC LAW CENTER.
Kerry Steigerwalt's PLC was eventually hired to defend the truck driver, Shannon Shimp, charged with two counts of second degree murder DUI among other charges.

Trial Postponed until September 08, 2009

This morning (July 21, 2009)in Department 17 of El Cajon Superior court, a new trial date was set for Tuesday, September 8, 2009 in Dept. 17 at 9am.

The July trial date was scrubbed because the George F. Bailey detention center, where Shannon Shimp is being detained, had imposed a "Swine flu" general quarantine and Shimp was not allowed to attend the trial.

A pretrial motions hearing is scheduled for August 7, 2009 in Dept.17 at 9am.

Tomorrow, July 22, will mark one year from the day when Tessa Maderis was critically injured and both Ian Kinney and Joseph Edwards were killed by Shannon Shimp.

We, remain committed to staying the course, no matter how distant no matter how far, to verdict and sentence. Ian's Family

Thanks to all that care in Ian's memory

Trial Postponed until July 20, 2009

An additional witness/schedule conflict now has the trial of Shannon Shimp (on two counts of second degree murder plus charges for injury to Ian's passenger, Tessa M.) starting July 20, 2009 at 9am in 'D-17' El Cajon Superior Court.

We have pretrial motions on July 17, 2009 same department and time.

At times the agony of postponement after postponement makes me want to scream(which I do upon occasion), but then I reflect on the witnesses, witnesses to this terrible crime and their willingness to testify; to relive the horrible. I very much appreciate them stepping up; it gives me hope; and I scream less.

As always you are invited to join us in court as respectfully silent spectators in support of Ian and the other dead and injured. Thank you for your support in Ian Christopher Kinney's memory. Scott Kinney, Father

Trial Postponed until June 22, 2009

For various reasons the Trial start date has been changed from May 11 to: June 22,2009. To a large extent the delay has to do with witness scheduling; coordinating appearances by witnesses who live out of state being the primary challenge.

The April 24,2009: '995' Motions hearing (before a second judge) to hear arguments by the defense to: dismiss judge Hanoian's ruling that 'two counts of second degree murder may go to trial' ended with (the second judge) ruling that 'the charges can & will go to trial and will not be dismissed'.

Thanks to all who continue to support our family in Ian's memory.

Court Update:

A 'Readiness Hearing' is scheduled for 9:30am Monday, March 2 in Dept. 11

A '995 Motions Conference' is scheduled for 9:30am Friday, April 24 in Dept. 11

'Jury Selection' is scheduled for 9:30am Monday, May 11 in Dept. 11

The '995 Motions Hearing' is routinely requested by a defendant's lawyer in felony cases. The defence will argue that the 2 felony counts of second degree murder that were considered on November 19, 2008 and turned over for trial by Superior Court Judge Hanoian should be "re-considered to be without precedent or merit"... in other words not carried over for trial, dropped from trial or prosecution, dismissed as not worthy of further pubic or judicial scrutiny.

I assure you that Ian's family will continue be in the court room until sentencing. Your continued support in Ian's memory is greatly appreciated. Scott Kinney

Court Update: February 6, 2009

The Readiness Conference scheduled for Monday February 9, 2009 is @ 9am in Department 11 NOT @ 10am. Sorry for the confusion.

Court / Trial Update: January 29, 2009

The next court proceeding we (Ian's family) will attend is a: 'Readiness Conference';
Monday, February 9, 2009 @ approximately 10:00am, Dept.11, El Cajon Superior Court. We understand that Mr. Shimp will have the opportunity to enter pleas to:
Two counts of second degree murder.

The Trial is scheduled to begin on: Monday, March 2, 2009; El Cajon Superior Court.
The Trial/Courtroom location, presiding Judge and 'hour to begin' will be determined by a scheduling Judge earlier that morning.

As always we deeply appreciate all persons who attend these proceedings in Ian's Memory. Remember that Mr. Shimp's family and friends will also be in attendance;
We ask in Ian's name that everyone treat one another with the utmost respect.
Thank you sincerely, Scott Kinney

We are heartened to report that on Wednesday November 19 2008 El Cajon Superior Court Judge Louis R. Hanoian ruled there is sufficiant evidence to hold Shannon Shimp for trial and set a December 3 hearing to determine a date. Shimp is charged with two counts of murder and two counts of gross vehicular manslaughter and drunk driving causing injury.

Judge Hanoian's ruling of 'sufficiant evidence for trial' belies the rarity of such a ruling in murder cases like this. We appreciate El Cajon DA Monte Bennett for prosecuting this case so aggressively.

The next hearing will be in; Dept. 11, fourth floor at 1:25 pm Wednesday, Dec. 3 2008. All interested parties should feel free to attend as the court room is open to the public.

We're told the Court is 'aware and sensitive' to the presence of Ian's supporters as it is of Shannon's supporters. Please be respectfull of all parties present. Business casual dress is recommended. Thank you for your support.

'El Cajon man to stand trial for murder in DUI fatalities'
For Union-Tribune Staff Writer Ray Huard's complete artical go to SignOnSanDiego.com>News>Metro--El Cajon man to stand trial for murder in DUI fatalities

Court Date: November 3rd, 2008

This court date was an arraingment with new charges presented by the DA against the defense for 2nd Degree Murder on both counts of fatalaties. The Judge ordered a Preliminary trial for December 19th at 8:40 am.

Court Information and Update- Oct 9, 2008

We went to court yesterday for more formalities and another readiness hearing. As always, court is just not a pleasant place to be...especially when it's to share a room with the man that killed your son. But it is a necessary part of the legal process that we have to go through to seek justice.
The District Attorney announced to the court that they planned on announcing Second Degree murder charges at the arraignment hearing. This will potentially drastically change the amount of time that would be served upon conviction.
They will formally announce the charges at the next hearing. They are on the record now but the formal proceedings will be on Nov. 3rd. So with that, let me post the official information.

The next court dates are:

Arraignment Hearing
Monday Nov. 3, 2008
1:30 pm
Dept 2
El Cajon Courthouse

Preliminary Hearing
Wed. Nov, 19
8:40am
Dept 11
El Cajon Courthouse


Google map to El Cajon Courthouse

This is open court, anybody can attend. Make sure to get there early as parking is limited. You will have to go through security and walk through the metal detector.
We ask that you please dress appropriately. You don't have to dress up, but out of respect for the court we ask that you dress business casual.

Thank you all for your support. This could potentially be a long trial and we need all those close to us to help us through. Know that we love you and all your kindness will not be forgotten.

The MADD Walk

Thank you, thank you, thank you to all who participated in the MADD walk and/or donated to MADD! We exceeded our goal by a big amount!! We had hoped to bring in $1000 and instead we brought in $2375. Thank you so much!
It was an emotional day for all of us (and for everybody participating in the MADD walk). Although we all know that we lost Ian on that fateful day in July, it is still hard to believe. So seeing friends and family wearing T-Shirts with Ians image on the front, all there to walk in his honor..was a little bit overwhelming. Many tears were shed, hugs given and quiet moments shared.
We'd like to send a thank you to Chet Wooding and The T Shirt Factory at UCSD for helping to make the shirts. It's very appreciated.
Here are a few pictures from the MADD walk.

Even Little Maddy made it....although she was wiped out after..but she did 3 miles for her Uncle Ian! Not bad for a First Grader!

Criminal Court Proceedings and Dates:

The following information is provided for those interested in the the court case known as:

CE282395 The people vs. Shannon Kelly Shimp.

Unless otherwise noted all court proceedings for case# CE282395 will be held in:

Superior Court of California at the East County Regional Center,

250 East Main St., El Cajon, CA 92020.

If you would like to attend the Hearings and/or Trial you may want to arrive early because lines are common while entering the building through metal detectors and seating is limited.

Look to this blog for updated information on this case;

or log onto http://www.sdcourt.ca.gov/ to learn more about the court process.

July 22, 2008

The driver of the Chevy 3500 truck that killed his passenger, Joseph Edwards, and killed my son Ian Kinney and injured Ian's passenger, Tessa Medearis, was identified at the scene as Shannon Kelly Shimp of El Cajon, CA. Shimp's bail at the time of his arrest was set at approximately $260,000.00. Shimp is currently being held at: George F. Baily Detention Facility, 446 Alta Rd. San Diego, CA.

The Hearings

An Arraignment took place Friday, July 25, 2008 at 9 am. Our family and friends and Tessa's family and friends met for the first time with the prosecuting District Attorney: Monte Bennett. Among other things an increase in bail was requested by family. Upon review the Judge reset Shimp's bail to $406,500.00.

A (first) Pretrial/Readiness Hearing was scheduled for August 1, 2008 at 9 am.
At that hearing Shimp's newly hired attorney, Kerry Steigerwalt, asked for more time to prepare as he had just taken the case over from a court appointed Public Defender.

A (second) Pretrial/Readiness Hearing was set for September 11, 2008 at 9 am.
At this hearing the Defense once again asked for and was granted more time to prepare.

A (third) Pretrial/Readiness Hearing is scheduled for: October 9, 2008 at 9 am.
If the defense states that they are ready to go forward, a Preliminary Hearing scheduled for October 16, 2008 will happen. We will keep you informed.