Change Is Hard

…but change is certain.

Haiti

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I feel an extra emotional connection while I watch news footage of the massive 7.0 earthquake in Haiti.  It doesn’t look like many structures survived, and there are likely thousands dead.  The extra little tug I feel is caused by the fact that the truck driver that killed Dad in 2004 was from Haiti.  He had been in the US only a couple of years.  Likely he has family still in Haiti.

I only saw him once; at his only court appearance.  For whatever reason, killing someone with a semi is only a misdemeanor.  So when we went into a Georgia court to find out how he was going to plead we were dismayed to find ourselves in a courtroom filled with people there for nonpayment of child support, under age drinking and one guy who had burned tires in his yard without a permit.  Then there was us.  We were the only people there dressed in suits, other than one man and his attorney.  We knew instantly that the well dressed man nervously sitting with an obvious attorney was “our” driver.  Turns out he had been advised to plead “no contest” which doesn’t admit guilt but also meant he didn’t have to go to trial.  I think his attorney had worked out a deal with the Prosecutor that if he plead no contest he’d get off with probation.  They didn’t count on our family showing up from all over the country and providing the judge with heartfelt impact statements.

We had a wonderful judge that allowed us to make our impassioned statement and who took the time to silently read statements we had sent to the Prosecutor previously.  I remember  being in that courtroom, my brother standing beside our driver reading the family’s statement of grief and loss.  I remember the driver rocking back and forth on his toes not looking at us.  I remember the noisy courtroom hushing as people realized what we were talking about.  I remember the stifled sound of  sobs from some women, people we didn’t know, when my brother said that my sister couldn’t listen to Christmas music without crying anymore.  I remember a court officer, guarding the back door, wiping his eyes.

We wanted some jail time, to make the point that killing someone wasn’t just the cost of doing business, and the judge gave the driver the most she could, 30 days.  We were grateful.  The driver’s attorney protested loudly, saying that people fell asleep driving all the time.  The judge responded with a quote from our impact statement; “We expect more from professional drivers.”  The driver was escorted out and it was done.

The judge asked for a recess, and we all started to move out of the room.  Along the way people we didn’t know and would never meet again stood up, offered their hands and condolences.  It took some time to get out of the room.  Out in the hall I felt a bit of a letdown as I moved toward the exit.  Then I realized none of my family was with me, and I turned back to find them.  They were standing in a clump in the middle of the hall…with the judge, still in her robes.  She had come out to tell us she was sorry.  She was sorry about our loss, and she was sorry she couldn’t have done more.  She didn’t understand, you see, that we were thrilled with her ruling.  We had been warned that he would likely get off with probation and that we would probably be disappointed in the process.  Instead she did just as we asked, and we thanked her for that.  She had tears in her eyes.  So did we.

The driver  risked being deported back to Haiti by pleading no contest to a misdemeanor.  I have no idea if he ended up being sent back but I hope not.  It has always been my hope that he was able to stay and raise his two children here, that he turned out to be as fine a dad as ours was, that he used the lessons he learned from this experience to raise wonderful, contributing children. That in his own way he makes the world a better place  just like Dad made the world a better place.

So as I watch the footage of Haiti I hope that he and his family are not there.  I hope they are safe in Florida and that he has found peace.  But I know that very likely someone he loves has died a horrible violent death and that even if he is not there himself  he now knows the intesne grief that sudden death brings to survivors.  I hope he can cope, I hope he has the support we had.  And still have.

I wish him and his family well.

Author: dawnkinster

I'm a long time banker having worked in banks since the age of 17. I took a break when I turned 50 and went back to school. I graduated right when the economy took a turn for the worst and after a year of library work found myself unemployed. I was lucky that my previous bank employer wanted me back. So here I am again, a long time banker. Change is hard.

13 thoughts on “Haiti

  1. This is amazing. I’m crying. Thank you.

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  2. I felt like I was right there with you and your family in the courtroom. Thanks for sharing more of your story. I’m not so sure I would be able to wish the driver well. I really admire you for being able to.

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  3. Well you see, I have since learned that things like this are not entirely the drivers’ faults. They are pushed by the companies they work for, as our driver was. He was asked to get a load to Atlanta for the end of Christmas shopping and he was over hours. He tried to meet the request made by his employer. He failed. Dad’s dead. Everyone’s lives, including his, are changed forever.

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  4. What Melanie said. Dawn, I hope if I ever suffer a loss like yours that I will be able to summon equal compassion, empathy, and grace.

    About Haiti, have you read Mountains Beyond Mountains, Tracy Kidder’s book about Paul Farmer’s work in Haiti with Partners in Health?

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  5. Well written, Dawn.

    I heard on the radio this evening that early estimates are that as many as 100,000 people might have died. That’s astounding and terrible.

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  6. Dawn,
    I read this last night, and was so moved, I had to let it digest overnight before I could leave a reply.

    Your last paragraph illustrates the definition of humanity, compassion, and empathy. If we could all live our lives that way, the world be would be such a better place. I really admire you for having the ability to see the man as a human, a father, not a single act of time. That can be so hard to do in the face of grief.

    It is interesting how a whole country can be defined by one person we know who is a native. I had a student from Haiti. His name was Woobens. He was only in my class for a few months, before he returned to Haiti. He is the person I’ve been thinking about.

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  7. I think each of us probably has a connection, albeit weak to someone in Haiti. We all probably either know someone there or we know someone that knows someone there. The world is pretty small after all. And if you think about it, we are all the same. They are us.

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  8. oh dear, you made Mum cry. I hope your wish for the man has come true.

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  9. Dawn, I’m so sorry to hear the story of your father’s death. I share your astonishment at the incredibly light punishments meted out for death-by-semi. A few years ago, my mother was driving on the Interstate some 30 or 40 miles from her home. Driving at roughly 65 miles an hour, she was struck from the rear by a semi estimated (by the State Police) to be doing over 100 miles an hour. He didn’t stop until the State Police found him. He first denied hitting anything, but the evidence on his truck was compelling, so he then claimed that my mother had just pulled directly off the side of the road in front of him. Witnesses debunked that claim, so he plead “No contest”.

    He was fined $100 for reckless driving. There was no penalty for leaving the scene of an accident, nor for lying under oath to a police officer. His insurance company refused to pay, even after a court order was issued. My mother finally got 1/2 of the awarded amount by hiring a lawyer.

    And then he threatened to sue my mother for causing damage to his truck! Happily, by the time she was released from the hospital, he’d gotten bored with the whole thing and moved on.

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  10. Oh Dawn – so much loss, love, and forgiveness.

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  11. Oh SheltieJim that is a terrible story! It must have been truly terrifying for her and for you. And the arrogance of the driver! Not all drivers are like him. If he was driving for a company he should have been fired but he’d just find somewhere else to drive for. There are a shortage of drivers because of the conditions they have to work under. Sort of sounds like he was an independent, but I can’t say for sure. I’m glad she survived, though I’m sure she is not without emotional scars. Sometimes I think I need to lobby for changes in the penalties for semi crashes..but right now I’m working on the onboard recorders which will limit the cheating of hours and the speed issues overall. I hope I have a better chance getting those mandated than trying to change each individual penalty.

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  12. I have to agree with everyone else’s comments. Your posts are always well written and when you write about your dad they are always full of emotion. This one brought tears to my eyes.

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  13. Blessings, Dawn. This story feels so painful…and yet I can feel your open forgiving heart within it. I don’t think I know anyone in Haiti. Your story just brought this tragedy closer to home.

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