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re: a-hole driver of the year award

Posted on 10/19/15 at 10:41 pm to
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 10/19/15 at 10:41 pm to
quote:

each charge against Crum, if convicted, carries a maximum penalty of 20 years in prison.


Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 10/19/15 at 10:45 pm to
they're likely living paycheck to paycheck

lawsuits and insurance take time

and the bills pile up in the meantime
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61436 posts
Posted on 10/19/15 at 11:12 pm to
quote:

Darth_Vader



Just so we know more facts about the incident.

LINK

Sanders is the motorcyclist for those unaware.

quote:

As for Sanders, police say he's now been cited for passing in a no-passing zone and driving with an invalid license.
This post was edited on 10/19/15 at 11:13 pm
Posted by texashorn
Member since May 2008
13122 posts
Posted on 10/20/15 at 12:25 am to
I was all-in on your "intent" argument until I saw that they charged him with aggravated assault with a deadly weapon.

With that, you have to prove intent OR recklessly causing.

The latter (reckless) seems like a slam-dunk.
Posted by pankReb
Defending National Champs Fan
Member since Mar 2009
64831 posts
Posted on 10/20/15 at 12:27 am to
quote:

Christian said that each charge against Crum, if convicted, carries a maximum penalty of 20 years in prison.



George Zimmerman was "charged" as well.


...all that means is they're acknowledging the possibility of it.
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61436 posts
Posted on 10/20/15 at 12:46 pm to
quote:

I was all-in on your "intent" argument until I saw that they charged him with aggravated assault with a deadly weapon.

With that, you have to prove intent OR recklessly causing.

The latter (reckless) seems like a slam-dunk.


"Aggravated assault" with a deadly weapon is not the same as just "Assault"

Here's the Texas Penal Code Verbatim


quote:

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.



You have to get convicted for assault before you can go on to Aggravated assault. They still have to prove he was intentionally trying to cause harm.


Aggravated assault

quote:

Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 AND the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.



LINK
This post was edited on 10/20/15 at 12:47 pm
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61436 posts
Posted on 10/20/15 at 12:53 pm to
quote:

With that, you have to prove intent OR recklessly causing.


Honestly, after reading that exact part, I'm not really sure. That seems weirdly worded.


Doesn't that mean any auto accident in Texas if someone is hurt qualifies as assault?

Auto-accidents are "reckless" are they not? So everyone gets charged with assault or what?






ETA: Nvm, it still appears that they still have to prove he intended to harm the motorcyclist.
This post was edited on 10/20/15 at 12:59 pm
Posted by BigSquirrel
Member since Jul 2013
1880 posts
Posted on 10/20/15 at 12:58 pm to
Bet that biker won't cross the El Derly Riders again. What kind of vag goes down after a love tap like that anyway? Grow some balls and ride sturdier, geez.
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 10/20/15 at 2:37 pm to
the biker has 7500 already...not bad.

that should help out

and the geezer, shouldn't get more than community service and perhaps a fine for 1st offense excluding lawsuits
This post was edited on 10/20/15 at 2:40 pm
Posted by texashorn
Member since May 2008
13122 posts
Posted on 10/20/15 at 2:47 pm to
Knock yourself out, Perry Mason:

quote:

Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES.

(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.


LINK
Posted by htownjeep
Republic of Texas
Member since Jun 2005
7616 posts
Posted on 10/20/15 at 2:51 pm to
quote:

and the geezer, shouldn't get more than community service and perhaps a fine for 1st offense excluding lawsuits
He has a history. I'm surprised none of the super sleuths on this board have posted the details. He needs to do some serious time and never be able to drive a vehicle.
Posted by grif82
Member since Aug 2008
8151 posts
Posted on 10/20/15 at 3:03 pm to
quote:

You have to get convicted for assault before you can go on to Aggravated assault. They still have to prove he was intentionally trying to cause harm.


Shouldn't be much of a problems given all the video evidence. There won't be many jurors out there that will believe the old man's spider bite claim well after the fact. He's most likely going to go down for aggravated assault with a deadly weapon. Probably a lengthy suspended sentence with years of probation and community service if his record is clean. If not then he's probably going to do a few years behind bars. He will also probably get sued in civil court and lose what little he has and will have to claim bankruptcy if a judge lets him do that. Usually settlements from assaults are non-dischargeable.
Posted by grif82
Member since Aug 2008
8151 posts
Posted on 10/20/15 at 3:07 pm to
quote:

He has a history. I'm surprised none of the super sleuths on this board have posted the details. He needs to do some serious time and never be able to drive a vehicle.


Dude needs to do prison time then. He deserves whatever the courts dish out. Vigilantism has no place in a civilized society.
Posted by grif82
Member since Aug 2008
8151 posts
Posted on 10/20/15 at 3:20 pm to
quote:

Doesn't that mean any auto accident in Texas if someone is hurt qualifies as assault?

Auto-accidents are "reckless" are they not? So everyone gets charged with assault or what?


There's a big difference between having an accident caused by human error or carelessness and deliberately trying to run someone on a bike off the road. Your logic and reasoning skills are worse than the majority of the posters on the SEC Rant.
Posted by htownjeep
Republic of Texas
Member since Jun 2005
7616 posts
Posted on 10/20/15 at 3:32 pm to
quote:

On July 28, 1989, Crum was arrested by Arlington police for assault and family violence, and later charged and sentenced to one-year's probation. He was also force to pay an undisclosed restitution. Fast forward a few years to Aug. 23, 1993, Crum was picked up by Granbury PD for silent or abusive calls to a 9-1-1 service – a class B misdemeanor that was later dismissed after he recognized himself as the culprit prior to the case being deferred on Sept. 9, 1993.

All illegal, but not exactly relatable to the current charge.

Six months and change later, Crum was scooped up by Somervell County sheriff’s deputies for unauthorized use of a motor vehicle – a 3rd degree felony he plead no contest to. Crum was convicted of the charge on Sept. 26, 1994, which resulted in an $87 court cost, 80 hours of community service and two years of community supervision.

Thirteen years later, he was again found to be improperly using a vehicle by the Somervell County Sheriff’s Department. Crum was observed to be driving recklessly on March 28, 2007, but this time was also charged with making a terroristic threat. Despite pleading 'not guilty' to the charge of making a terroristic threat, he was later convicted of both charges and confined to two years in jail, while being forced to pay $500 in court fines and a $612 court fines.


LINK
Posted by grif82
Member since Aug 2008
8151 posts
Posted on 10/20/15 at 3:39 pm to
So a 3 time felon with a history of violence and vehicle theft. He'll be lucky to get less than 10 years. He deserves the max 20 years, IMO. Texas doesn't play with 3rd time offenders so he'll probably get that if convicted of the charges brought against him.
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 10/20/15 at 6:30 pm to
quote:

He has a history.


well, I suppose that don't surprise me much...sure had a crum-my attitude

thanks for the update...the CRUM has issues

not sure what the courts will do with him....time will tell

he's got some demons
This post was edited on 10/20/15 at 6:36 pm
Posted by Supermoto Tiger
Baton Rouge
Member since Dec 2010
9954 posts
Posted on 10/20/15 at 6:48 pm to
quote:

a-hole driver of the year award

Worthless piece of shite redneck bastard. Talk about wanting to get some serious revenge against that mofo.
Posted by ninthward
Boston, MA
Member since May 2007
20503 posts
Posted on 10/20/15 at 6:52 pm to
quote:

each charge against Crum, if convicted, carries a maximum penalty of 20 years in prison.




Bet he didn't think he would die in prison, good job old man. LOLZ
Posted by FootballNostradamus
Member since Nov 2009
20509 posts
Posted on 10/20/15 at 7:00 pm to
I love how so many people constantly are bringing up the biker part like it's a crime to ride a bike. Would it make it different if a person in a car was passing and this dude just ran them off the road?

You folks are just stereotyping bikers and using absurd rationale to try to justify prejudices.

And this comes from someone who's never ridden anything other than a bicycle and was physically uncomfortable watching that head cam the entire time because it seemed so dangerous. It is legal, though, so bringing up the biker point constantly is ignorant and inconsequential.
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