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re: Guy gets backhand-slapped into a coma - (Update) - man died!!!

Posted on 12/16/14 at 11:04 pm to
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62942 posts
Posted on 12/16/14 at 11:04 pm to
quote:

It wasnt self-defense clearly, so what do you call it?


Manslaughter.

Self Defense yields a verdict of not guilty. Who is arguing that?
Posted by CtotheVrzrbck
WeWaCo
Member since Dec 2007
37538 posts
Posted on 12/16/14 at 11:04 pm to
damn that sucks pretty hard for both those guys and their families. Senseless.











however, lets show this video to all those ISIS fricks and jihadi's across the world so they'll what goes down when you frick w/ GI Joe.
Posted by UFownstSECsince1950
Member since Dec 2009
32601 posts
Posted on 12/16/14 at 11:06 pm to
and a big LOL at you even mentioning karate. Know how I know you are a lame?
Posted by Spankum
Miss-sippi
Member since Jan 2007
56011 posts
Posted on 12/16/14 at 11:11 pm to
quote:

damn that sucks pretty hard for both those guys and their families. Senseless.


yep...a hell of a lot of folks lives ruined forever over some shite that didn't amount to a damn thing...
Posted by GeorgeTheGreek
Sparta, Greece
Member since Mar 2008
66429 posts
Posted on 12/16/14 at 11:11 pm to
I feel like Manslaughter should be the name for the most heinous crimes.

"What did that guy do?"

"He slaughtered a man! Slauuuuuugggghhhhhhhtered him!"
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62942 posts
Posted on 12/16/14 at 11:17 pm to
And what's the deal with airplane peanuts? What genius decided that the peanut was the optimal snack at 35000 feet?
Posted by Melvin
Member since Apr 2011
23535 posts
Posted on 12/16/14 at 11:20 pm to
I love Brian Regan
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62942 posts
Posted on 12/16/14 at 11:26 pm to
quote:

I love Brian Regan


Damnn, I whiffed on that one. It definitely sounded a like a classic Seinfeld observation.
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61206 posts
Posted on 12/16/14 at 11:34 pm to
quote:

So by your logic, everyone who gets in a fight every single day across America should be charged with attempted murder?


I dont see how you interpreted what I said in that way. I am speaking exactly about this one particular case, not all cases where another man backhanded someone everywhere. The guy here died as a result of another man's actions. I think that at the least qualifies as a reason to consider charging him with 2nd degree murder. I think he acted out maliciously and with intent to greatly harm the other man, or he had no regard for the other man's physical well-being in the course of his actions. Do you disagree? Okay, that's why there's a justice system in place to hash that debate out and I think Kosmo who was disagreeing with brought up good points.

Obviously if someone gets in a fight and no one dies, there's no charge for murder. The fact that the guy died makes it much different.

quote:

Should he get charged with 2nd degree murder, no.


And he's being charged with 2nd degree murder whether you think its warranted or not . I don't see what makes your knowledge of the situation far superior to the authorities that have been involved in this case from the beginning where its that obvious to you.

Also, I dont advocate calling anyone a "retard" based on your personal interpretation of what they're trying to say. If you dont understand it, that's your fault, not mine. Learn to understand people better.
This post was edited on 12/16/14 at 11:41 pm
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61206 posts
Posted on 12/16/14 at 11:37 pm to
quote:

Manslaughter.

Self Defense yields a verdict of not guilty. Who is arguing that?



I dont think anyone was arguing that it WAS self-defense, but I am unsure as to how you would classify the suspect's actions. It was intent to harm in my view because the victim was not showing any physical signs of intent to physically harm the suspect prior to the suspect's assault.
Posted by KosmoCramer
Member since Dec 2007
76518 posts
Posted on 12/16/14 at 11:38 pm to
I wonder if this guy goes to trial and gets off because the prosecutor overreached ala George Zimmerman.
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61206 posts
Posted on 12/16/14 at 11:40 pm to
quote:

I wonder if this guy goes to trial and gets off because the prosecutor overreached ala George Zimmerman.


I have no idea. Does that case really effect this? Is it that high profile already? It seems the man has been admitted to a psychiatric hospital based on self-diagnosed "mental afflictions".
This post was edited on 12/16/14 at 11:40 pm
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62942 posts
Posted on 12/16/14 at 11:42 pm to
quote:

It was intent to harm in my view because the victim was not showing any physical signs of intent to physically harm the suspect prior to the suspect's assault.


This doesn't equate to second degree murder.

Charging someone with a certain crime doesn't automatically mean the charge is appropriate. I wouldn't base your entire argument on the fact that the initial charge was second degree murder.
Posted by KosmoCramer
Member since Dec 2007
76518 posts
Posted on 12/16/14 at 11:42 pm to
I was just saying that if I remember correctly, the jury can't decide to charge him with a lesser crime or they can't charge him with more than one crime for the same offense.

I can't really remember, but that was a facotr in the Zimmerman trial. Prosecutorial overreach by pushing for too high of a charge.
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61206 posts
Posted on 12/16/14 at 11:47 pm to
quote:

This doesn't equate to second degree murder.


Not by exactly those words, but its easy to see how it could fit based on Florida laws of 2nd degree murder.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62942 posts
Posted on 12/16/14 at 11:54 pm to
quote:

Not by exactly those words, but its easy to see how it could fit based on Florida laws of 2nd degree murder.


Maybe, but clearly the defense would be much stronger against second degree murder than it would be against a manslaughter charge.
Posted by UFownstSECsince1950
Member since Dec 2009
32601 posts
Posted on 12/16/14 at 11:58 pm to
Prosecutors would be "retarded" to take this case to court charging buddy with 2nd degree murder. 0% chance that happens.
Posted by DanW1
Member since Jan 2013
1103 posts
Posted on 12/17/14 at 12:09 am to
I don't think 2nd degree murder is really all that farfetched here.

Florida law states:

quote:

782.04 (2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

quote:

The condition of mind described as depravity of mind is characterized by an inherent deficiency of moral sense and integrity.


I think battery is a legitimate "act imminently dangerous to another".

And depraved mind isn't too far a reach considering he cut in line like an arse, then committed battery when someone objected.

Florida's statute on manslaughter seems to refer more to an act not directed at anyone, but that results in a unlawful death.

For example, something like throwing a brick off a building just to watch it fall and it strikes someone and kills them.
quote:

782.07 (1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s.

quote:

784.05 (1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


Personally I hope they throw the book at this asshat. Just falling asleep behind the wheel, something many people have admitted to doing, can and has led to manslaughter charges. Absolutely no intent, but it's still legitimate cause for the charge.

This is simply worse, IMO. Easily could have been avoided.

This post was edited on 12/17/14 at 12:12 am
Posted by lsu223
Baton Rouge
Member since Aug 2008
2133 posts
Posted on 12/17/14 at 12:18 am to
quote:

I was just saying that if I remember correctly, the jury can't decide to charge him with a lesser crime or they can't charge him with more than one crime for the same offense.


The jury can find him guilty of a lesser included offense. In Louisiana it is typically referred to as a responsive verdict.
Posted by KosmoCramer
Member since Dec 2007
76518 posts
Posted on 12/17/14 at 12:19 am to
I kinda forget why this turned into a whole thing for GZ, I think the prosecutor messed up and tried to pivot the charge mid-trial or something.

I dunno.
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