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Upstate

Taconic mom's family floats McDonalds defense

By Julia, Sunday, Nov. 22 2009 @ 12:29PM
Comments (4)
Categories: Crime, Drinking, Featured, Follow-up, Julia, Life and Death

​
Tom Ruskin, an investigator for the Schuler family, says that Taconic mom Diane Schuler couldn't have been drunk and high when she crashed her car driving the wrong way down the Taconic because she ordered Chicken Selects from McDonalds four hours earlier.

Ruskin floated the unusual theory that a woman who had been drinking would not have argued with a counter employee and insisted on speaking to a manager to get a menu item not usually served during breakfast. He also said that surveillance footage and interviews with employees of the Liberty, NY McDonalds showed that Schuler was not visibly drunk. An affidavit from one of the employees who served Schuler didn't mention the confrontation.

A woman thought to be Schuler, whose autopsy showed a blood alcohol level of over twice the legal limit and a heavy concentration of THC, was seen by three witnesses vomiting at the side of the road on the morning of the crash. At the time of that report, Ruskin said that if it was Schuler vomiting, it proved that she was incapacitated by illness and not by pot and alcohol.

A lawyer for two of the victims of the crash calls Ruskin's current theory ridiculous. Brian Sichol, representing the Bastardi family, said "I'm not buying the Chicken Selects defense. It's just another in a long list of ridiculous excuses thrown out by the Schulers."

A judge assigned a public adminstrator to oversee Schuler's estate earlier this week, enabling lawyers for the victims to move forward with lawsuits. Schuler's husband had intended to handle the estate himself, but the Bastardi family requested the independent administrator. Sichol plans to file suit before the end of the month.

The State Senate unanimously passed a bill this week making it a felony to drive while impaired with children in the car. The Schuler case was mentioned during the brief debate on the bill.

Comments (4) Write Comment
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More About:

  • Diane Schuler
  • Tom Ruskin
  • Brian Sichol
  • Trials
  • Civil Trials

Comments (4)

Petey says:

There is no chance the McDonalds employee's, especially a manager, will admit anything suggesting they allowed an intoxicated person to leave their premises with 5 children. There is zero value in any statement made by these employees, they have every possible motive to cover their liability. Think about it, why has there been no theory that she got sick from eating at McDonalds? With all the crazy theories they have put out. There is probably some conspiracy between them and schuler. You don't implicate us and we won't implicate you.

So they are trying to prove what?? That she was not intoxicated and that the whole thing was a premeditated act of murder/suicide? They can't have it both ways.

Posted On: Sunday, Nov. 22 2009 @ 3:03PM
Clemintine says:

>that a woman who had been drinking would not have argued with a counter employee

???Ha ha ha ha .....Riiiight... Has this guy ever SEEN a drunk woman??? They take us all for fools??? The more these poeple open their mouths, the more they insult sll of our intelligence, not to mention drive a stake deeper into the hearts of the victims.

Like the last poster, i wonder what they expect to gain by proving she was not drunk at 930 am. It indeed suggests a more premeditated motive by diane schuler to kill herself and the ones she loved most. Some serious emotional turmoil and i am 100% sure her whole family knows all the sordid details.

Posted On: Sunday, Nov. 22 2009 @ 5:35PM
bob m says:

Ruskin and Dominic Barabra are an absolute disgrace; they need to end their dishonesty once and for all. The "anbesol" defense? The Chicken Selects defense?
Tom and Dominic, please shut up now; you're pathetic. You're making asses out of yourselves and you're dishonoring Emma, Alyson, Kate, Erin, Guy, Mike and Daniel.

Posted On: Monday, Nov. 23 2009 @ 9:05AM
paula says:

Throwing up on the side of the road is also what you do when you are too drunk and high.

Really doesnt the autopsy count. The dad is hiding the real problem.

Posted On: Thursday, Jan. 28 2010 @ 3:03PM

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