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re: Father (Not Guilty) of killing drunk driver who killed his sons.Update
Posted on 8/19/14 at 9:12 am to lsupride87
Posted on 8/19/14 at 9:12 am to lsupride87
the deliberate cause is getting behind the wheel intoxicated, imo, but we are now arguing semantics
this man saw his child unnecessarily die. accident or not, an innocent life is gone because of an intentionally irresponsible decision.
this man saw his child unnecessarily die. accident or not, an innocent life is gone because of an intentionally irresponsible decision.
This post was edited on 8/19/14 at 9:13 am
1
Posted on 8/19/14 at 9:12 am to Darth_Vader
quote:i agree with this. However, it looks like they don't have the gun needed to do that. IMO father mowed the kid down in revenge. The problem is either the state didn't collect evidence very well or the father is damn good at hiding things. Even if they had evidence I wouldn't support throwing the book at the father. Id favor a lighter sentence considering the circumstances surrounding the case.
I do think that the father should face justice for killing this drunk driver if it can be proven beyond a shadow of a doubt that he did indeed kill him.
Posted on 8/19/14 at 9:16 am to Rouge
quote:
this man saw his child unnecessarily die. accident or not, an innocent life is gone because of an intentionally irresponsible decision.
That doesn't make it OK for him to end someone else's life with no facts. What if the driver's tire blew out and he lost control? Hit an oil slick?
Posted on 8/19/14 at 9:19 am to LNCHBOX
quote:
Hit an oil slick?
What is this, Mario Kart?
Posted on 8/19/14 at 9:19 am to LNCHBOX
quote:i hope neither of us have to worry about such a circumstance, but to have your level of clarity in that moment would be extremely difficult
LNCHBOX
Posted on 8/19/14 at 9:21 am to Tigerlaff
quote:temporary insanity
Neighbors said they heard gunshots minutes after the crash, and authorities allege Barajas went home, retrieved a gun and went back to the crash site, where he shot Banda in the head
Posted on 8/19/14 at 9:21 am to Rouge
quote:
i hope neither of us have to worry about such a circumstance, but to have your level of clarity in that moment would be extremely difficult
What clarity does it take to not kill someone? The guy in AP who was fishing with his two kids managed to not kill the lady.
Posted on 8/19/14 at 9:23 am to LNCHBOX
quote:married? kids?
LNCHBOX
reason that i ask is because you might lack perspective and life experience to know what it means to be a parent and the ultimate responsibility of protection.
Posted on 8/19/14 at 9:25 am to Darth_Vader
quote:
I do think that the father should face justice for killing this drunk driver if it can be proven beyond a shadow of a doubt that he did indeed kill him.
I'm pretty sure that the standard is reasonable doubt. Maybe I'm nitpicking your phrasing. However, this is a common mistake, and it bothers me.
Posted on 8/19/14 at 9:25 am to Rouge
quote:
married? kids?
Yes and no.
quote:
reason that i ask is because you might lack perspective and life experience to know what it means to be a parent and the ultimate responsibility of protection.
Well now his wife could lose her kids and her husband based on his actions. Not exactly acting in the protection of the family IMO.
Posted on 8/19/14 at 9:26 am to LNCHBOX
quote:
What clarity does it take to not kill someone? The guy in AP who was fishing with his two kids managed to not kill the lady.
Don't act like it's a simple matter of "keeping your cool" when you've just watched your two children killed in such a shocking an violent manner. You have no way of knowing how you'd react if you were in that father's shoes at that moment. You might go grab your gun and shoot him and then yourself.
This post was edited on 8/19/14 at 9:28 am
Posted on 8/19/14 at 9:28 am to LNCHBOX
quote:there is a reason why there are laws in situations like this that keep the guilty person from getting the usual or maximum penalty. If you read about it, you might gain some perspective.
What clarity does it take to not kill someone?
With that said, if the state had shown enough evidence in discovery, barajas' attorney would have told him to plead guilty under temp insanity
Posted on 8/19/14 at 9:29 am to Rouge
Not speaking strictly in a legal sense, but It's not an accident or a deliberate act really, it's more gross negligence, which is somewhere in the middle, denoting recklessness and disregard for the safety of others. The term is used in civil law but I'm not sure of its application in criminal law.
Posted on 8/19/14 at 9:30 am to jeff5891
quote:
there is a reason why there are laws in situations like this that keep the guilty person from getting the usual or maximum penalty. If you read about it, you might gain some perspective.
I know about it. But that doesn't mean I need to excuse this guy from what he did.
Posted on 8/19/14 at 9:44 am to lsupride87
(no message)
This post was edited on 10/3/20 at 8:46 pm
Posted on 8/19/14 at 9:50 am to Huey Lewis
quote:
Yes, I think I would deserve it.
I'm not saying that a person in that scenario should die. I'm saying that it's deserved in the way that if you get the answers wrong on a test, you deserve a bad grade.
"But I forgot to study! I forgot the test was today! I'm normally a really good student."
And all of that may be true, but in one specific moment you may specifically deserve a bad grade. That's not the same thing as saying that I'm against leniency or retests etc.
See what I'm saying? In a cosmic retributive sense I think you probably deserve to die if your recklessness kills an innocent person.
I sure hope you're not religious.
Posted on 8/19/14 at 9:51 am to Rouge
quote:
That man receives the utmost applause here, but none of us can understand that rage without being in situation
The fact that people on this board can't tell the difference between the actions of a predator and the results of an accident stuns me. It makes me think that most are incapable of rational thought. Most can't seem to see that the father of the children bears the majority of the responsibility for the accident.
Posted on 8/19/14 at 9:51 am to Rouge
quote:
the ultimate responsibility of protection
See, putting your kids behind a car to push on a dark road is not protecting your kids. I am in no way absolving the driver. But lots of poor decisions seem to be involved in this tragedy. Including the murder of the driver by the father.
Posted on 8/19/14 at 9:52 am to USMCTiger03
quote:
The term is used in civil law but I'm not sure of its application in criminal law.
Criminal negligence.
Posted on 8/19/14 at 9:55 am to Tigerlaff
Way to go all "Old Testament" on him Pops!
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