My 20 year old son and his 16 year old fiancé was at her aunts house and he was drinking. After about 5 bears the aunts boyfriend jumped my son and beat him up and made him leave driving drunk.. But would not let his fiancé leave. They made her stay there. His fiancé called wanting him to come back to get her. The aunt threatened that if he came back that he would get beat up again so he brought a gun for protection. When his fiancé and him left they were speeding and scared. He ended up wrecking the car and it killed him but his fiancé was still alive. But the police wouldn't not go to the car because her aunt lied to the police saying he kidnapped her by gunpoint. The car caught fire and smoke inhalation killed her. I am finding this out 3 months after from others that was at the site at the time. I think the aunt and her boyfriend are responsible for both of there deaths because they set off a chain of events that lead to there death. And if the aunt hadn't of lied to the police maybe they would have went to the car where she was screaming for someone to help her and saved her. Her autopsy said that she didn't have a mark on her. That the smoke and fire killed her.
From what you say, all the Aunt and her boyfriend did was make your son leave their residence. They didn't make him drink, they didn't make him drive, and it's not even clear from your story if they provided him the alcohol that he drank. Considering that your son's fiance was a minor, it was reasonable for them to refuse to allow her to leave with him. If your son thought she was in danger, he could have called the police and reported it rather than returning to the residence armed and taking the minor fiance against the will of the aunt.
So no, I don't see anything they did that would cause them to be charged with a crime.
Perhaps talk with a personal injury lawyer this really does not fall under domestic violence.
Very sorry for your loss. Recommend you speak with qualified GA counsel; personal injury and perhaps criminal. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
In your question, I'm assuming the "they" you refer to is the aunt and her boyfriend. I'm not sure if they can be charged for anything, unless they provided alcohol to minors. I'd recommend you ask a criminal attorney about this.
As far as civil liability, the aunt or boyfriend, if they provided alcohol, could potentially be help responsible for the fiance's death under dram shop laws. Based on what you've stated above, however, I doubt there is any dram shop liability. I would need to know more facts to give you a better answer.
Unless they are the ones who provided alcohol to your son, I do not see any civil or criminal liability on their part. However, if they did provide the alcohol and made him leave, knowing he was unsafe to drive, then there may be a civil case against them for his death. See an attorney if that is the case.
The above information is general in nature. In order to obtain more specific legal advice upon which to base your important decisions, you should consult with an attorney in person and retain one of your choosing. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP
Criminal responsibility is up to the State. Dram Shop Laws differ from state to state. I am not familiar with Ga. law. In Texas, a Social Host is not liable under Dram Shop Laws. Some states do allow this type of liability. You would also have an insurance coverage issue with an intentional assault claim. You should discuss the case with a Ga. attorney to see if the laws are different there.
This is an extremely sad situation all around. If you feel you have legitimate eye witnesses and evidence you should contact an attorney who works with Dram Shop cases. They can be very complicated. You should however consult as soon as possible so that any remaining evidence can be secured. So sorry for the loss of your son. Remember "thinking" someone is responsible is not the same as being legally responsible for their deaths. The Attorney can do an investigation and if she or he feels that there is enough evidence they can advise you how to proceed.
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