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

Posted on 8/18/14 at 9:02 pm to
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69543 posts
Posted on 8/18/14 at 9:02 pm to
You have never seen people you know get drunk and do things they wouldn't do sober?

I think DWI/DUI laws aren't tough enough but I still think when someone dies in a crash it's an accident
This post was edited on 8/18/14 at 9:04 pm
Posted by TH03
Mogadishu
Member since Dec 2008
171955 posts
Posted on 8/18/14 at 9:04 pm to
Texas would be murder.

Texas manslaughter is recklessly causing the death.

sudden passion can make it a 2nd degree felony if it arises from adequate cause.

so it would be a 2nd degree felony murder as you described.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22859 posts
Posted on 8/18/14 at 9:05 pm to
quote:

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.



You don't have a murder weapon and only have a few eye witness accounts that saw him approach the car. The fact that the father didn't have any gun powder residue on him is huge for the defense. It's better than them not even checking for residue at all. It is hard to not find any residue hours after firing a gun. I doubt he even gets charged with manslaughter. He'd be more likely to be charged with his kids' deaths.
Posted by RandySavage
9 Time Natty Winner
Member since May 2012
34840 posts
Posted on 8/18/14 at 9:07 pm to
quote:

I think DWI/DUI laws aren't tough enough but I still think when someone dies in a crash it's an accident


Something that is entirely preventable based on another person's choices and actions is not an accident. At least not an excusable one.

This post was edited on 8/18/14 at 9:08 pm
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69543 posts
Posted on 8/18/14 at 9:07 pm to
I was going to say that but I'm not a lawyer

I am put off a little that the guy didn't stay with his boys...not sure if either was conscious though.
Posted by fightingtiger2335
heh?
Member since Aug 2007
61157 posts
Posted on 8/18/14 at 9:08 pm to
quote:

Something that is entirely preventable based on another person's choices and actions is not an accident.



90% of car wrecks fall under this sober or not.
Posted by WhoDatNC
NC
Member since Dec 2013
13970 posts
Posted on 8/18/14 at 9:08 pm to
He 's no different from the other guy although I understand his actions.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/18/14 at 9:09 pm to
I'm not saying he's guilty. He has a great chance (based on the facts we have right now) to beat this in court with a good criminal defense attorney.
This post was edited on 8/18/14 at 9:12 pm
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69543 posts
Posted on 8/18/14 at 9:10 pm to
Should they be charged with attempted murder instead of DUI then?

What about the "legal" limit? Do you think some may be more/less impaired than others with the same BAC?
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/18/14 at 9:11 pm to
As was pointed out by he-who-shall-not-be-named, murder appears to be the appropriate charge. Our manslaughter statutes read differently.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69543 posts
Posted on 8/18/14 at 9:19 pm to
A jury would never convict
Posted by Rebel
Graceland
Member since Jan 2005
141467 posts
Posted on 8/18/14 at 9:20 pm to
quote:

A jury would never convict


Then according to THZero, juries are idiots.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/18/14 at 9:25 pm to
With all of the holes in the prosecution, one would hope not.
Posted by lsufan27
The PJ
Member since Mar 2014
385 posts
Posted on 8/18/14 at 9:25 pm to
Was the drunk driver an illegal? Should that matter?
Posted by Rebel
Graceland
Member since Jan 2005
141467 posts
Posted on 8/18/14 at 9:27 pm to
quote:

Was the drunk driver an illegal? Should that matter?


I don't think murder laws are citizenship specific.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69543 posts
Posted on 8/18/14 at 9:29 pm to
quote:

juries are idiots.


Depends on the jury
Posted by LT
The City of St. George
Member since May 2008
5163 posts
Posted on 8/18/14 at 9:42 pm to
quote:

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.



There's a lot of rhetorical in this thread.

Not having proof he fired a fun is going to be a huge hill to climb. I can't see anything in the article that says dad is the shooter. Beyond a reasonable doubt.
This post was edited on 8/18/14 at 9:43 pm
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 8/18/14 at 9:47 pm to
quote:

that is entirely preventable based on another person's choices and actions is not an accident. At least not an excusable one.






What the frick are you babbling about?



What you and 90% of this board refuses to see is this could have happened to any one of us drunk or sober.




This dude had his kids out in the middle of the night pushing a truck that he had allowed to run out of gas down a dark country road, he bears some responsibility for putting his kids in danger. Who here would put their kids in that kind of situation? Noone with an ounce of common sense. They were doing nothing but asking to get run over. They were a hundred feet from their driveway, anyone with half a brain would have pushed it to the side sent the wife and kids to the house and locked it up. Either come back after daylight or walk back with a gas can.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 8/18/14 at 9:52 pm to
quote:

Something that is entirely preventable based on another person's choices and actions is not an accident.


Sure it is.

quote:

At least not an excusable one.


Agree.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
60346 posts
Posted on 8/18/14 at 9:52 pm to
Maybe sometimes murder is justice.
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