No Criminal Charges in Wii Contest Death

No Criminal Charges in Wii Contest Death

April 5, 2007
No criminal charges will be filed against a California radio station that hosted an on-air contest which resulted in the death of a 28-year-old mother of three.

Last January, KDND-FM Sacramento’s Morning Rave program held a contest called “Hold your Wee for a Wii.”  18 contestants tried to win Nintendo's popular next-gen console by consuming large quantities of water and seeing who could go the longest without a trip to the restroom.

Jennifer Strange (seen at left with her family), who won second place, had joked with the program’s DJs about her distended belly and lightheadedness after reportedly drinking around two gallons of water.  Following the contest, she called in sick to work and five hours later was found dead in her home. A post-mortem ruled that Strange died of water intoxication, a condition one caller warned the contest hosts about.  (Hear audio clips of the show here.)

The following week, the Morning Rave show was canceled and 10 employees fired, including the DJs.

Sacramento County District Attorney Jan Scully revealed that prosecutors considered filing charges of involuntary manslaughter but ultimately decided against it. Said Scully:
She knew what the contest involved when she entered it and had the option to stop or discontinue her participation in the contest at any time.  There were no observable indications or symptoms that Jennifer Strange was experiencing a serious medical emergency which would have required station employees to seek or administer medical aid to her.

The Strange family has filed a wrongful death suit naming the radio station and several employees as defendants.

Via: The San Francisco Chronicle

-Reporting from San Diego, GP Correspondent Andrew Eisen

Comments

It has nothign to do with holding it. You can die from diluting your body fluids to the point where they no longer work. If your sodium levels get too diluted, your vervous system fails. If they had used Gatorade instead of water, everyone would be fine.
Damn, Ashla beat me to it. This is most definitely one for the Darwin awards.

Well, it appears as a scientific fact that perhaps holding your piss balloon too long can be of great bodily harm! Don't ya think!
I read somewhere that those waivers didn't say "You could potentially die from this." Rather, they were waivers that said stuff like "You agree that your voice can be played on the radio."

If that's the case (and again, I can't back this data up, because I don't remember the source of this info), then I think that's more than enough evidence to show that the DJs were partially responsible for her death.
For the people who say, "I knew this since I was a kid," and similar comments - try to remember that you are not necessarily representative of the average person. Water intoxication is NOT a commonly-known phenomenon.

The fact that the act was dangerous is not in and of itself a defense. Comparing it to motocross or rock climbing is ludicrous - in those, the hazards are clear and obvious to anyone. If the station knew these hazards ahead of time and did not warn the participants sufficiently, they can and probably should be liable, waivers or no.

I'll be watching the civil case carefully, and I expect that the family will prevail (or settle out of court).
LightWarrior:

For the electrolytes sodium and potassium. If you drink water faster than your body can equalize the amount of sodium in the blood, then the interior of the cells has more sodium than the environment outside. Since cell membranes work through osmosis, there has to be more water inside the cell to equalize the amount of sodium on both sides of the membrane. This makes the cells swell, which puts pressure on the brain in particular, since there's very little space in the skull for swelling.

Potassium is essential in carrying electrical messages between nerve cells. If it's too diluted or there isn't enough, it can cause weakness in muscles and irregularity in the heartbeat.

If you drink a gallon or two of water over the course of a day, there won't be problems. If you drink the same amount in an hour, then you very well could keel over and die, as this case illustrates.

According to reports at the time, the constestants drank water over 15 minute periods, and there's no way of knowing if the woman started the contest dehydrated. Different people have different tolerances.

Should they be criminally charged? I think they should. Involuntary manslaughter, perhaps. But this stupid contest definitely caused the woman's death.
Let us look at this with a logical view. I did an experiment to see how much water I could stomach after this. (Don't worry, I took precautions, we call it "not being an idiot and over doing it and having friends with medical training around)

I could not finish a galon before the vomiting started. So in order for this woman to have killed herself she would have had to supress the urge to expell the liquid if she drank it all in one sitting.

I still feel sick (but I am fine... I just never want to see water again) so if this woman forced herself through this you should expect to see her in the Darwin Awards for this year. I have no simpathy for the woman. Her kids though I will feel sorry for.
How does tortilla and banana chips help?
Adding some salt to the water would have prevented this. Not enough electrolytes and brain swelling.
That's what angers me most about it. A complimentary table of tortilla and banana chips would have saved her life.
Even had they provided such things, somebody trying that hard to win likely would have forgone them.
I think this is fine. Justice is much better served in them getting nailed in the civil case. A few execs going to jail wouldn't have nearly the impact that a crippling award (though it will probably be settled out of court) will. I just hope the DJs are part of it, also. I don't want them to ever have any prosperity again after hearing them yukking it up over the fact that they weren't culpable if a contenstant died on air when the listener called in to warn them.
@ Ashla, Kajex

Yeah, I thought everyone knew that drinking too much of anything could have serious complications. But I guess not, huh? Only thing, though, was I heard her kidney ruptured. Guess I heard wrong; it might have been just a speculation I heard.
As mentioned by others, I knew about this before I was -ten-. However, everyone talking about negligence is forgetting two things: No minimum amount of water was stipulated, and participation was completely voluntary. All manner of contests are dangerous if the participants don't behave safely. This includes: Autocross, firing ranges, hunting preserves, climbing parks.

It is not easy to kill yourself this way. It is, in fact, incredibly -difficult- and requires great willpower, and the determination to ignore the strong warning signals from your stomach and your body as a whole. The radio station did not specifically encourage ANY dangerous behaviour on the part of any contestant.

The woman decided she wanted to win by a mile, and so pushed herself far beyond the point of common sense, public knowledge, and the Warning Signs Of Her Own Body. The only one responsible for her own death is her.
@Ashla

Ditto.

Seriously, this is something EVERYONE should be aware of- even I knew about it when I was 10 years old- that drinking too much water IS bad for you. It IS negligence and ignorance of a fact that they should have been made aware of. Of course, the "victim" in question should also have known such a thing would be possible, and that alone could put her at fault for her own death, but that doesn't excuse these losers from throwing a contest that could end with peoples unintentional deaths.
At least they got fired. I guess.
Well, they certainly did attribute to her death due to that stupid contest. It's not like they didn't know the risk and probably didn't disclose those risk to anyone who was involved in the contest. There was even a nurse that called in and warned them about it and they blew it off and claimed they were safe because the participants signed waivers. I'm sure there was something they could have been charged with but the DA probably just didn't want to bother or maybe the waiver did have mention of the risk involved, I dunno. But at least those idiots lost their jobs. I still hope her family get a nice judgement with their suit or a good settlement out of this.
The DJ's were joking on-air prior to the contest, bringing up a college kid who drank himself to death with water last year. They knew this was dangerous but went ahead with it anyway. Is it criminal? I don't know. But at the VERY least it was reckless.
This my friends, is a prime example of a darwin award.
The nurse literally said that what they were doing was life threating, and that the contestants should be taken to the hospital, and the blew her off. Sounds like criminal negligence to me.
To take the unpopular stance I have to say that this was self inflicted. As far as I can tell she was not physically restrained nor was a catheter inserted to prevent her from using the facilities. She could have dropped out of the contest at any time.

However, I do agree with firing the people running the contest especially after the warnings from listeners
So someone died over a video game, and no one's being jailed over it? This sounds like a job for you know who.

Seriously though, someone should go to jail over this, possibly due to that criminal negligence thing that was brought up.
I didn't know the Wii was that populare...
Wait... wait wait wait...

You mean to tell me that people or organizations that haven't done anything illegal can't be found to have done something illegal? This is shocking!
This is why I hate being forced to drink water. The threat of water intoxication is very real. It also was part of what killed Andy Warhol.

GamePolitics ShoutBox

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