Longform Narrative on Melgar v. Greene (2010) Case

Melgar v. Greene (2010)
Every dawning day, the world experiences occurrences whose hallmarks hog headline news and attract the rapt attention of the masses. More often than not, such instances stake out their pride of place in the annals of history for the benefit of future generations, given their supreme significance. Even in the legal fraternity, such incidents are a common feature. On the night of March 17, 2006, an incident with the aforementioned characteristics unfolded in Gaithersburg, Maryland. That fateful evening, Oscar Melgar, a thirteen-year-old boy, received information about a party being held in Rockville from his friend, Brian Bentacur. Since the party was taking place approximately thirty minutes from their home, Bentacur's mother agreed to drive the boys to the venue. That was after Oscar's mother gave her consent to Oscar to attend the party. At around 8:15 p.m., Brian's picked up Oscar and, thirty minutes later, dropped the boys at the designated venue. As events gained momentum, an older youth started serving a cocktail of alcoholic beverages using eight-ounce cups. Oscar took the drink with the full knowledge that it was alcoholic despite never having tasted alcohol before. After several helpings, the effects of the drinks began to take a toll on the boy, but that did not deter him from drinking more. Bentacur, on the other hand, seemed to fare no better, and his conduct grew increasingly unbecoming, constraining one of the girls in attendance to raise her concerns. Given the prevailing circumstances, other revelers advised Oscar to take his friend to "walk off" the effects of the alcohol he had consumed. Oscar obliged and escorted his friend out to a frigid night; temperatures hovered around the upper thirties that night. As fate would have it, the boys were unsuitably dressed for the cold weather. Brian, for instance, wore jeans and a long-sleeved shirt, an attired ill-suited to fend off the biting cold that characterized that night.
Now, the manner in which events unfolded at that party brings to the fore critical questions regarding granting minors the autonomy to hold parties without the presence of adults to chaperon them. Even though minors would viciously oppose such an arrangement, by all standards, it is supremely critical for parents to supervise their children during such parties. One can reasonably argue that had a guardian been present at the party, there would not have been alcoholic beverages in such wanton quantities. As such, Oscar and his friend Bentacur, boys hardly in their teens, would not have had the unfortunate opportunity of imbibing alcohol and exposing themselves to manifold hazards associated with drunkenness. For instance, other partygoers constrained Oscar to take his friend out despite the freezing cold. As indicated earlier, the duo was unsuitably attired for such inclement weather, which disposed their health to several risks. In addition, the boys were unfamiliar with the geographical layout of the area and could have easily run astray or fallen into some sort of trouble. In the same vein, and by some stretch of the imagination, one is bound to wonder what would have befallen the two boys had they resisted the proposition they get out of the house. Most probably, they would have been physically assaulted or even worse since such is typical of teen parties. These, and other manifold risks, underscore the importance of chaperoning teens as they party.
At the risk of sounding a tad ridiculous, political leaders ought to come up with legislation to rein in teen partying in the United States, which has been gradually spiraling out of control. This is because teens use such parties to experiment and exercise the various liberties they cannot enjoy at home or under their parents' watch. As a matter of fact, teen parties symbolize a rite of passage of sorts, and recklessness reigns supreme. At such parties, for instance, teens get introduced to unsafe sex and drug abuse, among other despicable vices. In extreme situations, ill-meaning individuals initiate unsuspecting teens to violent crime, and some end up behind bars. That being the case, parents must exercise due diligence before allowing their children to attend teen parties, for doing so would yield a lot of good. In addition, the law must chip in to mitigate the appalling state of affairs. This is because one of the fundamental functions of the law is to control social behaviors by inculcating acceptable social norms in society. In light of this, leadership entities must find mechanisms of mitigating the antisocial behaviors associated with teen partying.
Now back to Oscar and Bentacur, they found themselves out at night in unfamiliar territory, and there is no doubt they must have experienced a modicum of alarm once they ventured out of the house. The time was around ten o’clock, and given that they were in an affluent residential neighborhood, the streets were virtually deserted save for occasional motorists and pedestrians. To a substantial degree, this must have amplified their dread. Granted that they were relatively new in the area, the boys resolved to circle the block where the party was going on and get back. Quite interestingly, despite being inebriated, they still could think rationally and did not want to venture far from the block. That being their first time to sample alcohol, one can credit them with acquitting themselves quite admirably. Ordinarily, alcohol is known to cause impairment to teens, given their small bodies, almost immediately after consumption. For some odd reason, that was not the case with Oscar and Bentacur. Probably their lucky stars must have been shining exceptionally bright that night, at least for some time.
What the two boys were oblivious to regarding the neighborhood they were in was that it was a fairly safe haven in virtually all aspects. Gaithersburg has one of the lowest crime rates in the United States, and the chances of one falling victim to a violent or property crime are completely remote. In addition, the town boasts a close-knit community that always promotes harmony and tranquility. In this respect, residents of the town have the admirable distinction of minding each other's welfare. That being the case, Gaithersburg stakes out its reputation of being the quintessential residential neighborhood. Ideally, life in the town moves relatively slowly, an aspect many residents favor profoundly. That, in essence, means that Oscar and Bentacur, despite being strangers, ran almost no risk of becoming victims of burglary or anything of the sort. The only risk they probably exposed themselves to was being mistaken for having something untoward up their sleeves.
As fate would have it, the two boys lost their bearings as they tried to circle the building they had just left. One can attribute this to the fact that they were unfamiliar with the surroundings and that the effects of alcohol were gradually taking their toll on their undeveloped body constitutions. They witnessed the maxim held by many that cold helps neutralize the effects of alcohol getting watered down right in front of their eyes. This is because the contrary happened as the effects of the alcohol in their systems kept growing stronger. As Oscar would later testify, Bentacur also exhibited the telltale signs of getting increasingly intoxicated. That being the case, and upon realizing they had lost their way, the two young friends resolved to sit down on a lawn and wait for the effects to dissipate before delving into the next course of action. Actually, Oscar had a phone that he intended to use to call Bentacur’s mother to come and pick them up. However, that was not to be after something quite unprecedented, which altered the course of the entire incident, happened a few minutes after sitting on the lawn.
The incident took an unexpected tangent after Oscar spotted a man walking a dog approach them. Granted he was drunk, and his mental faculties incapacitated to a considerable degree, he became apprehensive. His drunken mind must have told him that the man was a policeman, and Oscar believed he would not approve of their pathetic condition. He must have surmised that the policeman would certainly arrest them for underage drinking, an undesirable prospect by all standards. The thought of spending the night on the cold floor of a police cell must have curdled the blood in his veins. Therefore, he got up in the heat of the moment and walked away in haste, leaving his friend behind to his own devices. After crossing the street, Oscar walked down a sidewalk and crossed a lawn that fronted a home. By some stroke of luck, as some might argue, Oscar saw a holly bush and snuck under it. As he would admit later, the thought of being seen drunk by anyone bothered him intensely, which constrained him to seek refuge under the bush. By this time, and despite feeling extremely cold, the effects of alcohol had reached their epitome, and poor Oscar passed out in the cover of the bush. He was now out of plain sight, and it would require quite some doing to find him now that he had lost consciousness.
** ** **
One pluvial day in 2004, Michael Sommerville, a stockbroker in Washington, was driving home after a hectic day at work. Even though he loved his job to bits, he found it quite absorbing and exhausting at times. That day as he drove home, he was listening to cool music to soothe his nerves when a car ahead of him suddenly swerved dangerously, hit a curb, and collided with a tree with a deafening bang. All that happened within a split second and caught Michael completely off guard. He promptly pulled up and hastily ran to the horribly mangled car that was still caught in a tight embrace with a tree. Apparently, the driver had lost control after the front tire burst. With the help of other people of goodwill, they managed to pull the lone female occupant of the ill-fated car out of the wreck. She was in pretty bad shape and had lost consciousness following the impact. Michael volunteered to drive the lady to the nearby Adventist Healthcare Shady Grove Hospital, which he promptly did. He only left the facility after ensuring that she had been attended to in the most efficient way possible.
For the next two weeks that Jessica remained in the hospital, Michael made it his routine to pass by her room every day without fail. Jessica could only marvel at the generosity and kindness of this stranger who had snatched her from the jaws of death. Her heart instantly warmed towards him upon learning that he was the one who had driven her to the hospital and arranged for her treatment. It, therefore, was only natural that she got bowled over by the nonesuch handsome man. She fell head over heels in love with Michael, for he stirred such feelings in her system as could seldom describe. In all honesty, she felt convinced that Michael had all the hallmarks she needed in a man, more so a husband. On the other hand, Michael felt the same about Jessica from the moment he laid his eyes on her. Subsequently, their chance meeting blossomed into a fairytale romantic affair that infused absolute bliss into their lives.
A few months later, as they leisurely walked in a recreational park in Gaithersburg, Michael, without warning, went down on one knee and proposed to Jessica. That blew Jessica away completely, and tears of joy coursed liberally down her cheek as she accepted the proposal. Exactly one year after their chance meeting, the two lovebirds walked down the aisle in an exclusive private wedding. By all standards, the wedding was a grand one and marked one of the most memorable times in their lives.
** ** **
On March 17, 2006, Jessica and Michael Sommerville were walking home from visiting a friend who lived several blocks away from where they lived. At around 10:40 p.m., just a few meters from their residence, they discovered a boy lying on the ground. Ms. Sommerville, courtesy of her hawk eyes, saw another boy stumble away when he saw them approaching. As it would turn out later, that had been a critical observation because Bentacur, given his terrible state, could seldom communicate coherently. When the young couple got to where Bentacur lay sprawled on the grass, Jessica could not make head or tail of what the matter could possibly be with the young boy.
“My goodness, he is a young boy Michael. Pray, what could be wrong with him?”When her question elicited no response, she turned around to face her husband only to behold a far-away look on his handsome face. A closer inspection from Jessica revealed that he presented a haunted and disturbed look, and it startled her.
“Hey Michael, I asked you a question, and what does that haunted expression on your face supposed to mean? Do you know him?”
"I do not know him, and he has had too much to drink that he passed out," Michael stated matter-of-factly, which seemed to throw Jessica off-balance even further.
“How do you know so?” For the two years that she had known Michael, he had never let slip that he knew an inkling about alcohol, so this was a first for her
“I know so because I know how it looks to be drunk at this age. I also know it feels to lie helplessly after drinking to the extent of passing out”. His voice trailed off as memories of a period he had shunted into oblivion came back, flooding his mind. Despite the insufficient light on the street, Jessica intuitively knew that Michael was crying. She instinctively fished out a serviette from her handbag and handed it to him before giving him a bear hug, despite the prevailing circumstances.
‘Honey, I m sorry, but I never knew you had a terrible past that you wished to shut away forever. Far be it from me to coerce you to unburden to me, but should you ever want to talk, kindly let me have the honor of hearing you. Over and above, let it sink into the recesses of your mind that I love you unreservedly”, she declared as she lovingly patted Michael’s hand.
“Thank you, darling, but I reckon we are being selfish and irresponsible talking about ourselves while this boy lies here helplessly. I suggest that we first attend to him, and then you can use all the cajoling you can to pry the dark part of my past out of me” if there was an attribute Michael owned that completely blew away Jessica, then it was his profound sense of humor.
"Your wish is my command," she responded, trying to match him up.
Michael turned Bentacur over and discovered that he had vomited and urinated on himself, which underpinned his dire state. As he turned over, he opened his eyes, grimaced painfully, and uttered a few incoherent words.
“By any chance, does that handbag of yours have a bottle of water? He directed the question to his wife, whose face was awash with concern. She nodded in the affirmative and handed the water to Michael, who, in turn, asked the boy to take a sip. The boy obliged and took a tentative sip, most probably to ascertain he was not being served more alcohol. After ensuring the water had no traces of any intoxicant, Bentacur took more sips and appeared visibly revived.
“What is your name, son?” Michael asked in the sweetest voice he could assume.
“My name is Brian Bentacur, sir," came the boy's rather slurred response.
“You don’t look familiar to us. Are you from around?” Bentacur had now assumed a sitting position, and upon seeing how terribly he shivered, Michael took off his jacket and wrapped it around the boy.
“No. I am not from around”, Bentacur replied and volunteered no further elaboration.
“Then what, if I may ask, are you doing out here in this weather? Michael mentioned the boy’s drunken disposition but caught himself in the nick of time. He did not wish to agitate the boy in any way whatsoever before clarifying some crucial details. Quite naturally, Jessica had now taken a backseat and allowed her husband to run the show.
"We were attending a birthday party of our friend."
“What do you mean by we?” Before Bentacur could answer, Jessica interjected by asserting that she had spotted another boy scamper away as they approached.
“That must be my friend, Oscar Melgar. I don’t know where he is. I can only remember sitting down with him on a lawn”.
“Would you be kind enough to fill us in on what exactly transpired for you to be out here at this time and in this terrible weather?". By now, the shivering had subsided significantly. Bentacur appeared to entertain some reservations about narrating his ordeal to strangers. After some silence, he embarked on narrating to the Sommerville’s how things had unfolded at the party.
“The party was going on particularly well when a much older boy began serving alcoholic drinks. Despite my friend and I having never tasted alcohol before, we partook in several servings”. He revealed that to the couple with a tinge of regret in his voice. He further intimated that they knew they were taking alcohol. During that particular conversation, Bentacur’s speech oscillated from being slurred to clear, and it also dawned on the Sommervilles that he was unaware of the cold weather.
"After drinking substantially, the effects began to take a toll on me, and I became disruptive. Other revelers suggested to Oscar that he takes me out to "walk it off'. We intended to circle the building and get back, but unfortunately, we lost our bearings. So we decided to sit on a lawn and wait for the effects to dissipate before calling my mother to come and pick us up."
“So you do not know where your friend is?”
"Precisely."
“Honey, I think we should call 911. That boy could be in great danger, as we can imagine. He could freeze to death for all I know”, Jessica said as she fished out her phone and handed it to her husband, who dialed 911. The mention of the police made Bentacur shudder noticeably.
As they waited for the paramedics and the police to arrive, Jessica Sommerville prodded her husband to tell her what had precipitated that haunted look on his face a few moments earlier. Had it been somebody else, he would have maintained his hard-line stance to never let anyone in on the darkest patch of his checkered life. However, this was his lovely wife making the request, and there was no way, under the sun, he was going to turn down the request. In any case, he knew unbosoming to Jessica would lift a heavy load from his heart. As such, he held her hand and shepherded her to a safe distance from where Bentacur sat. Apparently, what he was about to say was only meant for Jessica’s ears.
After clearing his throat and taking a deep breath to muster the requisite courage, Michael Sommerville embarked on a discourse that would inevitably render his loving wife speechless. Seeing Bentacur lying helplessly on the grass in a drunken stupor had opened the floodgates of memories he thought were forever forgotten. That sight had broken his longstanding resolve to keep that part of his past under wraps.
"Jessica, I have told you severally that my father passed on when I was sixteen years old, but I have never disclosed to you the circumstances that revolved around his demise. You see, my father was an incorrigible alcoholic who loved the tipple with all his might. I can seldom remember ever seeing him sober. To compound matters, he was an irascible man who got offended at the slightest provocation. Whenever that happened, his tempers would flare without warning, and he would unleash such violence on my hapless mother that would leave her in pretty bad shape. My father made it his consuming desire to ensure my mother had her fair share of misery at home. He had literally converted my mother into a punching bag. I can recall how, one day, he mercilessly beat her up when I was thirteen years old. So severe was the pounding that it left her bleeding profusely and nursing a black eye. My younger brother and I had been helplessly watching the spectacle when I suddenly ran to the kitchen, grabbed a knife, and swung it menacingly in my father's face" Jessica noted that the words flowed in torrents, an indication that her husband desperately wanted to get rid of the disturbing memories. She could feel tears stinging her eyes, but she did all she could to hold them back.
“My father was pleasantly taken aback by my hardihood, and she promptly stopped assaulting my mother. You can imagine my shock when after my father had stepped out of the house, she scolded me severely for involving myse...