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re: Jeanerette cop dies in chase while not wearing seatbelt - Manslaughter charges
Posted on 4/14/15 at 3:19 pm to toosleaux
Posted on 4/14/15 at 3:19 pm to toosleaux
quote:I have too. But I have seen it go the other way as well, depending on many other factors
I can speak from experience that if someone is involved in a two vehicle crash and Vehicle 1 causes Driver 2, who is not wearing a seatbelt, to be ejected and killed, Driver 1 is getting some version of a homicide charge. I've seen it many times.
0
Posted on 4/14/15 at 3:19 pm to boom roasted
wait, why are people talking about Donte Stallworth?
that case was in florida
that case was in florida
Posted on 4/14/15 at 3:20 pm to Ash Williams
quote:I only brought it up as a point that it isnt as simple as "read the statute". I understand it isnt the exact same case
wait, why are people talking about Donte Stallworth?
that case was in florida
Posted on 4/14/15 at 3:20 pm to lsupride87
quote:
The question is will the manslaughter charges stick.
Based on the law as written, they should. And I have zero issue with that. In my opinion, the spirit of the law would want someone that caused (directly or indirectly) the death of a pursuing officer to be punished for that death.
I also think a plea deal of some sort will be made, rendering this whole discussion pointless. But as the law is written it most certainly applies.
Posted on 4/14/15 at 3:22 pm to moneyg
I guess I just don't see it as cut and dry as others do.
As I understand the statute that boom posted, a fleeing suspect could get charged with manslaughter if an officer shot at him, missed, and killed a bystander. I'm usually a cop defender in other threads, but I believe there has to be more accountability and responsibility in the line of duty, and I think this case is an example of that.
As I understand the statute that boom posted, a fleeing suspect could get charged with manslaughter if an officer shot at him, missed, and killed a bystander. I'm usually a cop defender in other threads, but I believe there has to be more accountability and responsibility in the line of duty, and I think this case is an example of that.
Posted on 4/14/15 at 3:22 pm to LNCHBOX
quote:I agree it applies. You see you dont have to get mad at me
But as the law is written it most certainly applies.
I only came in here to state that these things will be brought up to determine guiltPosted on 4/14/15 at 3:23 pm to slackster
quote:
As I understand the statute that boom posted, a fleeing suspect could get charged with manslaughter if an officer shot at him, missed, and killed a bystander
I don't think you're understanding the statute correctly. Hopefully boom comes back.
Posted on 4/14/15 at 3:23 pm to lsupride87
quote:
I only brought it up as a point that it isnt as simple as "read the statute". I understand it isnt the exact same case
right but the laws are completely different in louisiana and florida
we dont even have "DUI Manslaughter"
And when officers are deciding what to charge something with, they are specifically taught to "read the statute"
its the prosecutor or grand jury that screens the case and decides if its a proper fit depending on the evidence that arises
Posted on 4/14/15 at 3:24 pm to LNCHBOX
quote:
I don't think you're understanding the statute correctly. Hopefully boom comes back.
That may certainly be the case.
ETA: The statute that boom posted leads me to believe that if a death results from a suspect resisting arrest, the suspect has committed manslaughter.
In other words, if the death would have been avoidable had the suspect not resisted arrest, manslaughter has occurred.
This post was edited on 4/14/15 at 3:30 pm
Posted on 4/14/15 at 3:26 pm to Ash Williams
quote:I know I know. My point was just by reading the statute isnt going to tell you if someone is guilty or not. It isnt close to that simple. If it was there would be no courts, judges, lawyers etc. I should have never posted that case because I should have known people would attack any difference instead of looking at the one simple point being made
right but the laws are completely different in louisiana and florida
we dont even have "DUI Manslaughter"
And when officers are deciding what to charge something with, they are specifically taught to "read the statute"
its the prosecutor or grand jury that screens the case and decides if its a proper fit depending on the evidence that arises
Posted on 4/14/15 at 3:27 pm to lsupride87
quote:
My point was just by reading the statute isnt going to tell you if someone is guilty or not
oh, well yea
quote:
It isnt close to that simple
right, but when talking about what someone is CHARGED with at arrest it usually is
quote:
If it was there would be no courts, judges, lawyers etc
word up
Posted on 4/14/15 at 3:28 pm to lsupride87
quote:
I should have never posted that case because I should have known people would attack any difference instead of looking at the one simple point being made
Your fist post had nothing to do with " My point was just by reading the statute isnt going to tell you if someone is guilty or not."
Don't act like you've been Mr Reasonable and Unbiased in here.
Posted on 4/14/15 at 3:29 pm to Ash Williams
quote:Good point. If boom was simply talking about charges then I agree with him from the beginning. But I had took the argument as it had morphed into whether or not they will be found guilty of it
right, but when talking about what someone is CHARGED with at arrest it usually is
Posted on 4/14/15 at 3:31 pm to LNCHBOX
quote:The whole reason I posted the Stallworth case was to show that it isnt as simple as "ran from cops:Guilty" or "driving drunk:guilty" That was my only point ever.
Don't act like you've been Mr Reasonable and Unbiased in here.
Posted on 4/14/15 at 3:33 pm to lsupride87
quote:
The whole reason I posted the Stallworth case was to show that it isnt as simple as "ran from cops:Guilty" or "driving drunk:guilty"
You're still not getting that those two cases aren't related. You also still aren't getting that Stallworth didn't cause the collision he was involved in. Don't pretend to be open to the other side when you so clearly have your mind made up. Own you opinions. Don't back down now.
Posted on 4/14/15 at 3:36 pm to LNCHBOX
quote:What?
You also still aren't getting that Stallworth didn't cause the collision he was involved in.
quote:I dont have my mind up at all. From post one I said the seatbelt may have not even saved his life. If that is the case, and the officer wasnt driving like a maniac, then this will be a very, very simple case
Don't pretend to be open to the other side when you so clearly have your mind made up
quote:I never would. One reason I like the way you and boom post is because you come off as complete arrogant dicks. Which is good for this site. It would be boring as hell if we all posted in a cordial polite manner
Own you opinions. Don't back down now.
Posted on 4/14/15 at 3:39 pm to lsupride87
quote:
What?
What what? It was not his fault the guy was walking in the middle of a 40 mph road where he shouldn't have been, especially while it was dark.
That falls on the pedestrian, not the driver.
quote:
I never would.
You've crawfished pretty hard in this thread IMO.
Posted on 4/14/15 at 3:41 pm to LNCHBOX
quote:No you just came in guns blazing like Wyatt Earp when you saw an opinion different than yours, which is cool. I do too when the afternoon coffee hasnt hit yet
You've crawfished pretty hard in this thread IMO.
Posted on 4/14/15 at 3:44 pm to LNCHBOX
Eh, in a civil trial, the officer would most likely have some comparative fault.
Manslaughter is an overreach.
Manslaughter is an overreach.
Posted on 4/14/15 at 3:46 pm to FalseProphet
quote:Statutes brah. STATUTES!!!!
Eh, in a civil trial, the officer would most likely have some comparative fault.
Manslaughter is an overreach.
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