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Husband of drunk, stoned driver and killer of 7 sues New York

On July 26, 2009 Diane Schuler drove her brother’s Ford Windstar the wrong way down the Taconic State Parkway in New York for 1.7 miles while other motorists veered to avoid her, only to have her slam head-on into a Chevrolet Trailblazer – killing herself, the four of the five children in her van and the three adult occupants of the SUV. Now, her husband Daniel is suing the state of New York, claiming that it is entirely the fault of the state and not his drunk, stoned wife.

Toxicology reports performed during Diane Schuler’s autopsy found that she was under the influence of both drugs and alcohol when she went on her joyride the wrong way up the Taconic State Parkway. Schuler had a blood-alcohol level of 0.19% (more than double the legal limit in New York) as well as substantial amounts of THC – the active “ingredient” in marijuana – showing that she had been throwing back quite a few drinks and smoking an excessive amount of dope before deciding to drive her two kids and her brother’s three kids back from a camping trip. Unfortunately, due to her massive level of intoxication, Schuler was apparently unable to notice the “wrong way” and “do not enter” signs as she entered the highway headed the wrong direction. She also managed to drive 1.7 miles into oncoming traffic while other drivers swerved to avoid the drunk and she motored along – still not realizing her error before slamming into the SUV that ended the whole mess. The toxicology report stated that she had smoked marijuana around 15 minutes before killing herself and 7 other people and that there was even undigested alcohol in her stomach. While Daniel Schuler, who works in the Public Security Unit of the Nassau County Police Department, admits that his wife was a drug user “to help cure insomnia”, he contests that she was not high that day.

When the dust from the accident cleared, Schuler left 7 dead bodies in her wake including her 2 year old daughter, her three nieces (ages 5,7 and 8) and the three men traveling the proper direction on the highway in their Trailblazer. The only survivor of the accident was Schuler’s 5 year old son Bryan, who was thrown from their vehicle during the accident. It is a tragedy for those victims of this drunken junky’s careless crime but in a flagrant abuse of the US judicial system, her husband is suing multiple parties in an effort to divert the blame for this accident onto someone else. In the end, the Westchester medical examiner ruled the death of the 4 children and 3 adults a homicide – making Diane Schuler a murderer.

First of all, Daniel Schuler is suing the State of New York, alleging that his daughter’s death was not the fault of his drunken, stoned wife but instead – it was the fault of the state’s "negligence, carelessness and recklessness" by not providing proper signage and upkeep to the highway. Although the signs in place prevent most (sober) drivers from entering the highway driving over a mile and a half into oncoming traffic – Daniel insists that his junky wife made the mistake that killed 7 people because of a lack of proper signs leading up to the highway.

Next, Daniel Schuler is suing his brother in law who let Diane borrow his Ford Windstar to take his kids and hers upstate for a camping trip. It is a bit foggy as to how Diane’s brother was at fault since he wasn’t there but Schuler believes that since the brother owned the minivan that a drunken, stoned Diane Schuler used to kill 7 people – he is also deserving of a lawsuit against him. Maybe he should sue the brother in law for letting him marry his addict sister.

The American public is already in an uproar after Casey Anthony was found not guilty of murdering her little girl but this case against the state of New York is a true abomination of the American justice system. The fact that Schuler is trying to clear his wife’s name after she got drunk and high with 5 kids in the car...only to drive the wrong way down a busy highway which resulted in the death of 8 including herself is a disgusting abuse of our judicial system. As this ridiculous case goes to court, we can only hope that the judge overseeing the case has enough sense not to help Daniel Schuler protect the name of his murderous wife.

Source: USA Today

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Comments

Anonymous (not verified)    July 28, 2011 - 8:51PM

I, too, saw the documentary. From the beginning I felt that Daniel was hiding something. The first red flag for me was that he drove off, leaving her alone in upstate NY, four hours from home, with five kids when he easily could have followed them home. My husband and I would do that if we were only driving an hour in separate cars. Don't get me wrong, I've often driven hundreds of miles alone with my kids, but if we were traveling to the same place in separate cars, we would drive together. It was nice to know that if one of us had car trouble, the other one was right behind. I can't imagine that he would just drive off leaving her on the highway so far from home with all those kids. Plus there was no mention that they were in contact at all until just before the accident. Wouldn't you call to see how she's doing, how far from home she is, if everything is okay? Again, she's driving home with five kids in the car. Wouldn't you just want to check in? I'm thinking they had some sort of argument before they left the campground. He just didn't seem to be telling the whole story. He changed his story about the vodka, so it makes one wonder if he's hiding something else. As far as the lawsuits go, if he knew his wife had been drinking or smoking before the accident, he could be held liable, so he has to say that she wasn't drinking even if she was to save himself. Also, he could be held liable if he allowed her to drive knowing that she had a history of alcohol abuse or drug use, so even admitting that she had a problem or that they had been drinking and smoking that weekend could put him in a sticky situation, especially because he was responsible for those five children.

Anonymous (not verified)    July 28, 2011 - 8:52PM

lesson 1: don't smoke weed and drink and drive. the dr said weed increases absortion of the alcohol and the two together can increase each drug's effect.

lesson 2: you can stop being in denial today. stop the delusion.

lesson 3: don't sue victims of your wife's action.

lesson 4: get therapy now!

whatashame (not verified)    July 28, 2011 - 9:27PM

ABC and the rest of you defending Diane Schuler make me sick. Regardless of whether or not she was a drunk, her blood alcohol content was .19 while she was making a 140 mile trip with her brother's three young daughters and her own two children in the van. She showed no regard for the lives of those beautiful children or those poor innocent men in the SUV so none of us should shed a tear for that monster. I'll save mine for the victims of this horrible crime.

Anonymous (not verified)    July 29, 2011 - 9:36PM

In reply to by whatashame (not verified)

I don't hear anyone defending Dianes' actions. I did read some comments, defending her character. There is a difference. I was sickened by the whole thing. Daniel is in complete denial. Or is he hiding something? Maybe they did have an argument before driving off. Or talked about divorcing. If that were the case it may have just thrown her over the edge. And who knows about the pain. (physical I mean). Diane sustained an ultimate loss. Her mother left her when she was 9. Sure doesn't mean she should have been reckless. But I always say- deal with your losses.
My heart goes out to the victims as well. I am outraged that Daniel would be suing Brian. Just makes it worse for the survivors.

Anonymous (not verified)    July 28, 2011 - 11:50PM

Just a question. Who chugs vodka and smokes dope for pain? If the pain was that great, she could have gone to the hospital. If the pain was that great while driving, pull over. People have suffered great pain and don't hit the bottle or dope. She did not have far to drive. I find it disturbing that some readers think it is acceptable to have even a shot of vodka in the morning for pain before driving. That is alcoholic behavior. And don't get me wrong, I like a good cocktail myself. Do you drink vodka and smoke pot when your tooth hurts, just a question. If so, there is great group called a.a.

Anonymous (not verified)    July 29, 2011 - 9:37AM

In reply to by Anonymous (not verified)

Amen. When I'm in pain, I take some tylenol. I do NOT chug vodka or smoke weed and throw my daughter in the car with me. I was so very disgusted by that documentary, and even more so now that I found out he is suing his poor brother and sister in law AND the state of New York. She was a crazy control freak that went over the edge and her husband is a low life asshole that needs to have his son that he "didn't want" taken from him...period.

Anonymous (not verified)    July 29, 2011 - 2:11AM

Ibuprofen anyone?

I watched the documentary and could not believe the level of denial by Daniel Schuler and his sister Jay. Diane was either a closet alcoholic-addict or on a mission to destroy herself without any regard for those precious kids in the van.

She and her husband had opposite schedules. She would have easily been able to drink to excess while he was at work. And needing pot at night to "relax"?

It doesn't appear that these two did much in the way of communicating. At one point the narrator asks him what they would talk about and he replied something like "cleaning gutters."

And you posters who insist she had a few sips of booze to ease her toothache pain, you're in as much denial as Daniel Schuler. How about going to the dentist? How about taking ibuprofen until you can get to the dentist? Most people don't reach for a bottle of Absolut, gulp down the equivalent of ten drinks and smoke a lot of pot to ease toothache pain, let alone get into a car and kill innocent children and the Bastardi family members.

There are no words to describe Daniel Schuler's lawsuits against New York State and his grieving brother-in-law. He is despicable. This was a couple with a lot of secrets and a family obviously in trouble long bebefore she got behind the wheel.

Anonymous (not verified)    July 29, 2011 - 6:27AM

Ironically, I had just watched the documentary before this article was posted. I found the film immensely disturbing. Daniel is full of rage and quite blind to the fact that his son's survival is a miracle which he should cherish dearly. Instead he is consumed with misguided vengeance and vengeful behavior never ends well. In deciding to go forward with the film project, both Daniel and Jay disregarded this child's right to a future that overcame the odds. Instead, they increased the odds he faces now and ahead. Unbelievable that this child was even taped, not to mention his mother's mangled corpse. Where are the ethics? Daniel, if you happen to read this, please accept my deepest sympathies on the tragic loss of your wife, baby daughter and nieces. She was a good woman but something broke in her for which you are not responsible. We have only one life to live and you have been given the greatest gift - your son's life. Do yourself and him a favor - start over. You cannot undo what your wife alone has done but you can decide to close the book on this, submit to the healing you so desperately need and deserve, and begin again.

My most sincere thoughts and prayers are with you and your very special son.

Anonymous (not verified)    July 29, 2011 - 9:18AM

even at .19 and ten joints she would have still noticed she was going in the wrong direction for over a mile. She made over 100,000 a year....more than almost everyone who will read this.... she obviously wasn't retarted...... there has to be more because she would have pulled over

Anonymous (not verified)    July 29, 2011 - 9:38AM

Only someone used to drinking and using could have that much alcohol and pot and still manage to operate a vehicle. I wonder how many people who are defending her choices are substance abusers themselves? The point in question is her decision to drink and use for physical pain. The truth is, if she chose a dentist and not the bottle the children would still be alive today. They just would have been late because of a stop at emergency. Why speculate over bizarre possibilities? At one point during that morning, she decided to abuse substances. That is alcoholic behavior. A normal drinker does not do that. If, like some people noted the alcohol got "away" on her, again, that is the alcoholic behavior.

Anonymous (not verified)    July 29, 2011 - 9:43AM

Also, people noted her erratic driving before the accident. One man in the documentary saw the children crying at the stop and wished he had done something. She was driving like a maniac, honking at people, tail gating, and zipping in and out of her lane so harshly the kids heads were swaying. Sure she would have been pulled over if there was a officer around. Do you know how many people drink and drive and are not caught? The police are not everywhere.

Anonymous (not verified)    July 29, 2011 - 1:53PM

There so many variables to this story, so many lives affected that it is reminiscent of a tragic Shakespearean play. Hell, it haunts me as to this day, as if those involved were my close family friends. The part I cannot shake is those last 30 minutes~ the children calling on a cell phone; crying in the background, obviously desperately afraid and in dire need of a miracle. As a mother of a four year old, that burns to my very core. I just keep going over and over it in my head, trying to understand what made Diane continue to drive, when in fact she had stopped driving at least 2 times, shortly before 8 lives were lost. What made her leave the side of that road outside of the toll booth, after her brother was on the cell telling her to stay put, he was on his way? I imagine those kids begging and pleading for her to pull over, for her to stop. They knew they were in trouble. She had to have known something was not right at SOME point along her journey to doom. Was being “in control” more important to her than the safety of her nieces; her own children? There were so many missed opportunities for her to call and say to someone “Hey, something is not right here with me. I need help!” Help was within her reach, well before things happened the way they did. When she finally did make that call, she was minutes from death and from taking 7 lives with her AND out of control. I believe that was her fatal flaw, she could not ask for help and still feel in control.

Anonymous (not verified)    July 29, 2011 - 6:20PM

bottom line is stop to mr. schuler. she was drunk and high. mr. schuler was this a death wish? her mother left her at a very young age.did anyone pick up on depression, abandonbent,psychososial issues?her brother wayne had contact with the estranged mother,where is their father in all this? undoubetdly,mrs. shuler killed many innocent lives. society and her husband need to let this rest and the dead.no one knows the afterlife,let this rest and concentrate on the future of brian. murderes walk among us day in and day out..without resolution,its life. mr schuler needs to accept the findings,get a job,and concentrate on brian. let it go and go on with your life.it is way too short. be kind and thankful for what you do have. god bless

Anonymous (not verified)    July 29, 2011 - 6:33PM

1. The woman's alcohol level was more than double the legal limit in NY.
2. She had "subtantial amounts of THC" in her blood.
3. She was driving the wrong way on a busy highway for almost 2 miles with other cars coming at her and swerving to get out of her way.

That makes her drunk, under the influence of drugs and wrecklessly driving in my book. Come on people, it doesn't matter if she was a habitual offender of these three things or not. She drank the alcohol, took the drugs, and drove the wrong way on a busy highway. Let's place the responsibility where it lies.

No one wants to take responsibility for their actions anymore. This woman died and killed other people as a result of her actions, whether habitual or not. It is a tragedy that could have been avoided.

Anonymous (not verified)    July 29, 2011 - 6:47PM

In reply to by Anonymous (not verified)

Totally agree. The lack of willingness to accept responsibility is sad. What does it matter why she did it? How does that change anything? The point is that she did it! SHE killed all those kids, the other adults and herself and also left this as her legacy. The why's don't matter, the who's don't matter, the only think that matters are the dead. Her husband is in need of psychological help and a good lawyer who would tell him to drop all the suits and shrink quietly away to try to raise his one surviving son.

Anonymous (not verified)    July 29, 2011 - 11:08PM

even at .19 and ten joints she would have still noticed she was going in the wrong direction for over a mile. She made over 100,000 a year....more than almost everyone who will read this.... she obviously wasn't retarted

^^^^^^^^^^^^^^^^^^^^^^^^
I couldn't agree more. That is the reason there was so much coverage. Its not the usual drunk driving case. She stopped to call. Whether you like it or not, there is more to the story than her just drunk driving.

Anonymous (not verified)    August 3, 2011 - 7:25PM

I'm inclined to believe that she was just trying to dull the pain and it ended up being a stupid, fatal decision. However, 10-12 shots of vodka is certainly enough for someone who was not a habitual drinker to appear visibly drunk to witnesses. There has got to be more that that family is covering up.

grundy (not verified)    December 10, 2011 - 2:07PM

This incident and the ensuing documentary geatly affected me. Jay Schuler is a loyal friend and Aunt who tried - against the odds - to clear her nephew's mother of culpability. Daniel Schuler 's motivation - not too sure on that one. Maybe to spare his son anguish and shame, maybe to avoid lawsuits, maybe because Ms Schuler twisted his arm or a bit of all three. From what I gleaned from the doc. I'd guess that Diane Schuler was a highly functioning alcoholic. Hey - they're everywhere,from the person pumping gas to the person performing surgeries. A functioning alcoholic is not a bad person, just a person who needs help. And that's where I agree with the Bastardi sisters. Come clean, tell the whole truth and if this action means that even just one potential Diane calls AA - well then Daniel and Jay will be heroes and those little girls and the 3 good friends will not have died in vain.

grundy (not verified)    December 10, 2011 - 2:20PM

This incident and the ensuing documentary left a mark on me. Jay Schuler was a loyal friend and loving aunt who wanted - against all odds - to clear her friend of culpability. Daniel Schuler's motivation? Not sure about that one - maybe to spare his son, maybe to avoid lawsuits, maybe at Ms Schuler's insistence or a bit of all three. To me, the documentary made it clear that Diane Schuler was a highly functioning alcoholic who topped up past her normal "control" amount. Functioning alcoholics are everywhere from the person pumping gas to the person performing surgeries. They are not bad people, or stupid people,just people who need help. That's where I am in full agreement with the Bastardi sisters. Come clean and tell the whole truth. If the truth sends at least one "Diane" to the nearest AA meeting well then , Jay and Daniel Schuler will be heroes and the little girls and 3 good friends will not have died in vain.

TheTeaneckGirl (not verified)    December 21, 2011 - 11:49PM

I too cant seem to let go of this tragic story. Its just so sad for the Hance family. Everytime I think of the sheer terror the two older girls must have endured...it sends chills thru me. A couple of observations seen here I noticed also..
1. Why wasnt her husband following her? Families do this all the time on vacations, reunion, funerals, etc. We would always travel together in case of flat tire or other emergency.
2 Why didnt her husband call to check on them? His own lawyer said this should have been a 35 min. trip. This comment was shown in the HBO doc. Something was up wit them or after 2 or 3 hrs. and she's still not home? And he's not freaking out or trying to call her? Something doesnt sound right.
3. Confused about the child Brian's stmt about flying out of the car. During the HBO doc. the first responders state they didnt see him because they were all piled on top of him. They also stated they broke passenger side window to gain acess and Diane's dead broken body fell out. Then they began pulling out the children, all but 2 dying on impact. Those 911 callers must have called after this occured because several stated bodies are all over the place.
Just my observations.

Anonymous (not verified)    December 25, 2011 - 10:25PM

I see here that Patrick Rall dropped all senselessness and practicality in good journalism to create a completely biased and crude article. Some of the content here is completely unnecessary. Examining the facts are one thing, but regarding such personal opinions as to write 'Maybe he should sue the brother in law for letting him marry his addict sister' is extremely offensive. If he'd regarded the documentary or the entirety of the event even slightly I'm sure this opinion piece would have read quite differently. I'm not saying all of it is inaccurate, I'm just implying there are a lot of underlying facts missing from this piece.

There is no solid answer to this case and there never will be.