Celebrity Justice
Gary Collins Won't Be Charged With Manslaughter

Gary Collins will not be prosecuted for manslaughter, even though the man he hit the night he was busted for DUI died.

Collins copped a plea last Thursday to DUI. The next day, 89-year-old Warren Gates died from his injuries in the crash. Gates has been hospitalized since the accident last October.

Prosecution sources tell TMZ Collins will not be prosecuted for manslaughter for two reasons. First, officers say Gates caused the crash by making an illegal left. In order to prosecute for manslaughter, the D.A. must prove that Collins caused the accident. Also, because Collins pleaded no contest to DUI, double jeopardy attaches. So Gary will serve his 96 hours in jail and then it's case closed.

Reader Comments

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31. That's good I'm glad Gary got off with no more than he did. Just think that mister Gates could have run into a school bus.... and 89 is probably to old to be driving the streets of LA ....and have any kind of life expectancy.

Posted at 3:36PM on Dec 10th 2007 by Sam

32. hey cynic, it doesn’t matter if it is a separate charge, in court they try the incident...the DA doesn’t get to run through as many charges in trial after trial until they get a charge the jury will convict on. The state gets one shot at trying a giving action or incident....after the court has concluded and ruled, then you cannot retry someone on different charges on the same thing if the State has already dealt with the issue.....and "Really Now" double jep doesn’t have anything to do with crossover of intent issues or elements of DUI in relation to this issue, the State has ONE shot to try this guy, get all your ducks in order and bring charges when you know what you truly have, you get one shot!!! The DAs office in LA is known for their BS methods, so this really doesn’t surprise me. Very sad that he is gonna get away with it, but I honestly seriously question the veracity of the statement that the court has already accepted a plea, it never works that fast, I would be surprised if the DA retracted their plea and bring new charges

Posted at 3:36PM on Dec 10th 2007 by Mr. Beerhouse

33.

"Prosecution sources tell TMZ Collins will not be prosecuted for manslaughter for two reasons. First, officers say Gates caused the crash by making an illegal left. In order to prosecute for manslaughter, the D.A. must prove that Collins caused the accident."

It is horrible that a man died, but in this instance, Mr. Gates was apparently the primary cause of the accident. Could Collins have stopped or avoided the accident if he had not been DUI? Who knows.

Could Collins have made it home safely had Mr. Gates not made an illegal left? Who knows.

Two people who were wrong, each in their own way, got together at the same time. It seems to have been an unfortunate accident....with comparable negligence on both parts, but it obviously didn't meet the test for manslaughter. That is a matter of law and is not the usual nonsense from a celebrity-loving, celebrity vote-chasing L.A. District Attorney has the grounds (*cough* Lohan) and chooses not to file them.


Posted at 3:37PM on Dec 10th 2007 by OCD

34. #6 you are right... that's reason enough alone to conclude that Gary was at least half responsible for the accident.

This coming from a guy with 2 DUI's in the past (me). I was even put in jail for 30 days str8 for driving on a suspended license during xmas 2005

Posted at 3:40PM on Dec 10th 2007 by Al

35. In the eyes of the Law, if you are drunk, and you are in an accident, it is most likely your fault....always....without exception. We are all overlooking the fact that HE WAS DRUNK!!!! IF HE WAS SOBER, THIS MIGHT NOT HAVE HAPPENED! Lets all stop making excuses for the guy that thought it was okay to have a bunch of drinks then got behind the wheel, and the ultimate result was a guy died. HE IS DEAD! Sorry, Gary can rot for all I care. If that was my dad, I would be out of my mind!

Posted at 3:41PM on Dec 10th 2007 by F-This Dude!!

36. mike vick gets 23months in jail for KILLING DOGS, and yea i said it like that, who cares there pit bulls if you dont kill them there gonna kill you, and if anyone has even been around a pit bull yall know that the LOCK JAW is called that for a reason that jaw will NOT LET GO.. but look this man was drunk and killed someone and got 96hrs in jail Mike vick got charged with dogfighting conspiracy charges and the man got 23 months, know that i know how the law gets ill rather drink and drive and just make sure its not 100% my fault but make sure i KILL A HUMAN then get involved in DOGFIGHTING.... 96HRS wow, even if they felt it wasent all his fault the man was driving drunk, maybe if he wasnt as drunk he could have avoided the old guy but he was SMASHED and didnt notice the guy took an illegal turn and MACK KILLED A HUMAN and got 96hrs in jail, imma keep streesn that point cause only on hollywood can you DRIVE DRUNK and KILL A HUMAN and get 96hrs in jail... while mick vick is dogfighting and gets 23months in jail but a MAN WAS DRIVING DRUNK AND KILLED A HUMAN AND GETS 96HRS IN JAIL. only in america

Posted at 4:45PM on Dec 10th 2007 by chris

37. Im not being high and mighty either, I have a DUI myself, but I learned from it and would never drive drunk again. I was 22 when I learned that, not over 60 like this guy! No excuse!!! Thank god I didnt kill anyone, but if I would have, justice must prevail, just because this dude has been on TV doesnt make him any different....when all is said and done, a father is dead just because some wasted up actor couldnt call a cab or friend (and I dont want to hear "he didnt cause it" he was drunk and impared)

Posted at 3:45PM on Dec 10th 2007 by F-This Dude!!

38. If this was gary's 2nd DUI he would be charged with pr-meditated murder in the 1st degree because alcohol classes teach you the penalty for your actions if you drive drunk.

Posted at 3:46PM on Dec 10th 2007 by Al

39. Hey Al,

That would be awesome if true, but its not, no one has even been charged for Murder 1 as a result of driving drunk unless they meant to kill someone. Murder 1 means that you have the specific intent to cause the results that were caused. There is no way that any court in America would even convict on that charge. You would be laughed out of court. It just doesn’t fit, never would nor could. It would be great if we could charge people for that on their second DUI, but nope, never in a million years, we would have to rewrite the definition of Murder 1

Posted at 3:51PM on Dec 10th 2007 by Mr. Beerhouse

40. The prosecutor in this case is not telling the truth or doesn't know the law very well. Gary Collins was prosecuted for drunk driving. Since no charge was ever brought over injuries to the victim, Collins can still be charged in criminal court for manslaughter, aside and separate from the drunk driving charge which he accepted a plea deal on--there is no double jeapardy in that, other than what the D.A.'s office is making-up for the convenience of forwarding their own corrupt agendas--that being, satrs are above the law.

The fact of the matter is, it can be argued that both the victim and Collins mutually caused, or contributed to the crash...hence, Collins can be, and should be charged for manslaughter.

Enough with these sweet deals for celebrities in Los Angeles!!! It is perverse.

Posted at 3:56PM on Dec 10th 2007 by Zip

41. This puke is 1/2 dead anyway, what is he like 100 years old? Too bad these drunks never seem to be the ones injured in the accidents. He deserves to be in Chino for a while to sober up and face reality. Although Mike Vick's were dogs he acted deliberately, violently and comitted the same crimes over and over. At least what this loser did was unintentional. Not that I believe he didn't know he had too much to drink.

Posted at 3:58PM on Dec 10th 2007 by Ms. Saginaw

42. Beerhouse that's what I was taught in alcohol school, I have 2 DUI's I did 2 16 month class programs... are you telling me they lied to me and the courts made me go to these classes to learn the laws of drinking and driving?

Posted at 4:02PM on Dec 10th 2007 by Al

43. OF COURSE HE GETS AWAY WITH IT. THEY ALL DO. I DON'T UNDERSTAND WHY THESE PEOPLE ARE TREATED DIFFERENT THAN WE ARE. kEIFER SUTHERLAND ONLY GOT 48 DAYS FOR A SECOND DUI. IF IT WAS ONE OF US WE WOUILD BE IN PRISON. IT'S SUUUUUUUUCH A JOKE.

Posted at 4:09PM on Dec 10th 2007 by penny

44. No, im not saying they lied to you, just that they are misinformed. I have been through a DUI class myself, and they are usually ran by recovering addicts, and they (in good faith!!!) will say just about anything to save your life, and the lives of those around you. They have the best intentions, but they are not lawyers. So, I am not saying they lied to you, just that they really didn’t know the entire law. Man 1, sure, MURDER 1, nope! Unless you were drunk and deliberately ran over your girlfriend with the intent to kill her, Murder 1 isnt an issue. Dont get me wrong, im not calling them bad people or stupid, just that DUI instructors tend to overblow the law a touch to scare it the stupid out of people. I heard many many legal miscalculations while I was in my 3-month class. Hey man, that sucks that they hit you with a 16month class for a first offense! Were you more then 2x the legal limit? Over .20? That is usually when they will assign a 16monther....that sucks man! Lawyer up next time, hehe!

Posted at 4:10PM on Dec 10th 2007 by Mr. Beerhouse

45. Dude I did Lawyer up, paid $3k for one... didn't help. was .08.. also on my last court date to deal with the situation... I had to drive there on a suspended license as I had no other way to get there and If I didn't go they would have issued a warrant on me.

Well when I left the courthouse, they followed me 5 blocks to my car and arrested me .. I spent 30 days in LA County Jail from 12/12/05 thru 01/06/06.

Posted at 4:17PM on Dec 10th 2007 by Al

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