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re: Father (Not Guilty) of killing drunk driver who killed his sons.Update

Posted on 8/18/14 at 8:50 pm to
Posted by TH03
Mogadishu
Member since Dec 2008
171955 posts
Posted on 8/18/14 at 8:50 pm to
no one said he shouldn't suffer the consequences. you're arguing against a point that no one has made.
This post was edited on 8/18/14 at 8:51 pm
Posted by Rebel
Graceland
Member since Jan 2005
141467 posts
Posted on 8/18/14 at 8:50 pm to
quote:

yes, he's a murderer, you idiot. we have laws and trials for a reason.


I'm pretty sure the laws don't allow a jury to convict on speculation.
Posted by fightingtiger2335
heh?
Member since Aug 2007
61157 posts
Posted on 8/18/14 at 8:51 pm to
I don't think anyone disagrees with that
Posted by LT
The City of St. George
Member since May 2008
5163 posts
Posted on 8/18/14 at 8:51 pm to
quote:

I'm pretty sure the laws don't allow a jury to convict on speculation.


fricking this!
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/18/14 at 8:51 pm to
quote:

because I was speaking about the act in general, not this specific incident
Bull. shite.
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
37791 posts
Posted on 8/18/14 at 8:51 pm to
quote:

Like I said, whether it's intentional or not is completely irrelevant


I know I'm kind of switching gears here but it most definitely NOT irrelevant. There's a huge difference in the eyes of the law.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22859 posts
Posted on 8/18/14 at 8:53 pm to
quote:

I just don't know anyone who purposefully wants to end their night with a murder wrap. It would actually seem like a worst nightmare. IT doesn't change the fact that he did murder someone but to think he did it on purpose is just people thinking if they see a difference they are somehow being softer on drinking and driving which isn't the case being made.



There is a grey area between intent and purely accidental that DWI related homicide falls in. While no one intends to kill someone while driving with intoxicated, they make a conscious decision to partake in an action that they know could have grave consequences. Obviously no one intends to go to the casino and lose money, but most go with the knowledge that their decision to go to the casino could result in them losing money. I wouldn't say the a person who went to the casino lost their money accidentally.
Posted by fightingtiger2335
heh?
Member since Aug 2007
61157 posts
Posted on 8/18/14 at 8:53 pm to
quote:

no one said he shouldn't suffer the consequences. you're arguing against a point that no one has made.



In one of my post I promoted him going to jail for murder and doing all the time etc. etc....

that was ignored and someone just posted the part where I said it was still an accident and I was defending drinking and driving...
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69543 posts
Posted on 8/18/14 at 8:54 pm to
I agree but the program or article I saw talked about them going for murder. I was asking b/c I know I've heard of cases where an altercation occurred and one went and retrieved a weapon to kill the other and was charged with murder... Unsure of 1st or 2nd degree.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 8/18/14 at 8:54 pm to
quote:

Curious.... Did you read the article? Could you convict with the evidence they have? No witness, no weapon, no powder residue, nothing...


I didn't read ther article but I was speaking as to similar situations in which this happens with a family relative out for blood over their deceased loved one.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13868 posts
Posted on 8/18/14 at 8:55 pm to
So his 11 year old kid is severely injured but still alive (dies at the hospital), but instead of staying with him to comfort him and provide any care that he could provide, he leaves his dying kid to get a gun and shoot the drunk driver (allegedly)?

I can't believe people are defending this guy. If my kid was dying, I'd be thinking less about revenge, and more about saving his life
Posted by lsufan27
The PJ
Member since Mar 2014
385 posts
Posted on 8/18/14 at 8:55 pm to
Mexicans
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/18/14 at 8:57 pm to
quote:

yea, honestly that was before I realized this all happened in the same night.
So you were insulting people and acting like an authority on criminal matters before even reading the fricking article?

Then you go off spouting shite about first degree murder when it clearly doesn't fit?

Jesus Christ.

ETA: Instead of acting like miserable frick, have you ever tried debating like a grown up? Without the insults and condescending comments? Is that how you make yourself feel smart?
This post was edited on 8/18/14 at 9:05 pm
Posted by fightingtiger2335
heh?
Member since Aug 2007
61157 posts
Posted on 8/18/14 at 8:58 pm to
If i'm playing football and get paralyzed did I intent for that to happen on a bad hit?

There is a risk in everything we do. Just because the risk is there doesn't jump up to I purposely killed someone. Texting and driving leads to so many accidents and I doubt a sober texter really means to cause a serious wreck.

Once again i'm not saying drunk drivers shouldn't be charged with murder. I'm saying its an accident when it happens and risk is in everything and shouldn't jump it up to person purposely murdering someone
Posted by tiderider
Member since Nov 2012
7703 posts
Posted on 8/18/14 at 8:58 pm to
quote:

quote:
yes it is ... average intelligence tells you when you've had too much to drink .


Alcohol can only impair your driving but not decisions?


that's weak, imo ... impairment is not a defense ... you walk in and see your wife banging some guy ... you shoot him ...

were you impaired? ... when do we stop holding people responsible? ...
Posted by Rebel
Graceland
Member since Jan 2005
141467 posts
Posted on 8/18/14 at 9:00 pm to
Perhaps you should read before chiming in.

The original question was "should he be convicted?"

The peanut gallery in usual fashion dog piled on the OP for what I think is a very legitimate question.

Motive - check
Opportunity - check
Physical evidence - zero.

2/3 isn't good enough.

If the prosecutor can put the gun in his hand than yes, some sort of conviction should be made.

But if the article is factual and that is all the prosecution has, the DA is about to waste a lot of tax dollars.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/18/14 at 9:00 pm to
From what little I know of the story, it sounds like guy watches his kids get killed by a driver, runs inside, grabs a gun and shoots the driver. Sounds like "sudden passion or heat of blood" (using LA terms) to me. They might bill with murder fully knowing that manslaughter is the more likely conviction.
This post was edited on 8/18/14 at 9:02 pm
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
37791 posts
Posted on 8/18/14 at 9:00 pm to
quote:

that's weak, imo ... impairment is not a defense ... you walk in and see your wife banging some guy ... you shoot him ...

were you impaired?


actually, yes, legally speaking. That would be manslaughter with a halfway decent attorney
This post was edited on 8/18/14 at 9:01 pm
Posted by RandySavage
9 Time Natty Winner
Member since May 2012
34840 posts
Posted on 8/18/14 at 9:01 pm to
Convicted? Hell no, he should be commended.
Posted by TigerHam85
59-024 Kamehameha Highway
Member since Nov 2009
31493 posts
Posted on 8/18/14 at 9:01 pm to
the man should be free. no evidence sounds to me.
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