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Posted on 6/28/22 at 2:15 pm to RogerTheShrubber
quote:
Ignoring the cause of the fight, who instigated, who threatened who.. .
Which is kind of a big deal. If all you base on is result, then all homicides are murders. They aren't.
This case was not a murder, it was manslaughter
Posted on 6/28/22 at 2:17 pm to RogerTheShrubber
quote:
quote:
The situation is that no witness seems to have seen the precipitating cause of the fight and video evidence from the hotel either doesn't exist or it was not allowed. The D.A. himself said it was unnecessary to see,
Yep, thats a big red flag for me.
OK let's examine this.
We need to establish some base line.
First, do you believe that Ward hit the decedant?
Second, do you believe the injuries sustained by the decedent were the proximate cause of his death?
If you don't agree with those quite reading and if you would explain what you don't believe and why.
If you agree with those two proffers then you would agree there was a homicide. In this case it was charged as both manslaughter and murder. I am ASSUMING your concerns are around the fact you think Ward may have had a legal right to hit the decedent. I also assume if this is the case then you see a possible self-defense argument.
Unless someone suggests LA does not follow the Alston case then affirmative defenses shift the burden of proof to the defendant. Do you think Ward proved his self-defense claim by a preponderance of the evidence? Do you think Ward also stopped battering the decedent when he no longer could claim his actions were covered by the self-defense affirmative defense?
Posted on 6/28/22 at 2:18 pm to HouseMom
quote:This entire statement is incorrect. Drunk people stirring awake aggressively is not uncommon.
For a man to jump out of a drunken stupor to attack another man unprovoked (who was taking a stroll at 1:30 AM) is not just odd, it rarely happens outside of some diagnosed mental disorder or consuming psychedelic drugs
Posted on 6/28/22 at 2:18 pm to JDPndahizzy
quote:Likewise, do you think there is any chance they just completely forgot that video cameras exist?
Or they never got it. ??
Again, IANAL, but if I were the very first thing I would do is ask my client if he wants me to see video, and if so the second thing I would do is get the footage from every camera pointed at the area. And that's not something that I would just let go if there was any chance it would help me.
Posted on 6/28/22 at 2:24 pm to Korkstand
quote:
IANAL
That is a horrible acronym BTW.
IANAA would sound a lot less butt-piraty.
Posted on 6/28/22 at 2:24 pm to Obtuse1
quote:I know, that's why I use it
That is a horrible acronym BTW.
Posted on 6/28/22 at 2:48 pm to Yeti_Chaser
The couple that saw Jackson approaching and then broke up the fight appeared to be quite reliable. The rest were pretty meh.
Posted on 6/28/22 at 2:49 pm to Reluctantjuror
Based on what you saw and heard, do you believe an appeal would be granted?
Posted on 6/28/22 at 3:01 pm to AlextheBodacious
quote:
Ward killed a man and was not able to give a believable reason for doing so. The prosecution was able to disprove the knife attack so why should we believe any of the Ward’s story? There were credible witnesses who saw the attack long enough to say Ward took it too far and doctors have determined that the fatal blow was a kick to the head that the victim received while on the ground after asking for help.
I don't think anyone thinks he shouldn't have been charged with manslaughter.
it's the 30 years that seems a bit steep.
30 years for him might as well be a death sentence. I'd expect that kind of sentence for a career criminal with several felonies, not a real estate agent who hadn't been arrested before.
Posted on 6/28/22 at 3:13 pm to JDPndahizzy
Only ward said that Jackson was going through his pockets.
Posted on 6/28/22 at 3:14 pm to TeddyPadillac
I thought 30 years was a bit much as well, but I doubt he serves near that long.
Posted on 6/28/22 at 3:16 pm to TeddyPadillac
quote:
I don't think anyone thinks he shouldn't have been charged with manslaughter.
it's the 30 years that seems a bit steep.
30 years for him might as well be a death sentence. I'd expect that kind of sentence for a career criminal with several felonies, not a real estate agent who hadn't been arrested before.
He definitely needs to serve time, but it seems like an example is being made of him by sentencing him to 30 years.
Posted on 6/28/22 at 3:22 pm to idlewatcher
I’m not a lawyer so honestly have no idea but I can say I didn’t see any sort of malfeasance on anyones part. Judge jury defense prosecution.
Posted on 6/28/22 at 3:30 pm to Reluctantjuror
quote:
Only ward said that Jackson was going through his pockets.
but theres zero evidence to say that did or didn't happen. No one saw this part of the altercation. He may have very well been lying about this, but his recent experience of being robbed and reaction to the possibility of that being true would be somewhat understandable. Still doesn't justify kicking someone in the head after they are out.
Had there been evidence that it did happen, would that have changed how you viewed the incident?
Posted on 6/28/22 at 3:33 pm to Korkstand
quote:
I thought 30 years was a bit much as well, but I doubt he serves near that long.
If I understand LA's good time laws he will get 3 days off for every 17 he serves including his time served prior to the verdict. This would seem to cut his sentence down to a minimum of just over 25 years.
That being said good time laws are often far more complex than they look, I wish an LA attorney would weigh in on them and the affirmative defense shift/burden of proof.
Posted on 6/28/22 at 3:34 pm to Reluctantjuror
What degree of force do you think is justified if you find a stranger trying to take your possessions?
1. None, just hand them over and run
2. Tell them to stop
3. Threaten to call police
4. Run away but strike if they follow
5. Strike them once and stop immediately unless they attack further
1. None, just hand them over and run
2. Tell them to stop
3. Threaten to call police
4. Run away but strike if they follow
5. Strike them once and stop immediately unless they attack further
Posted on 6/28/22 at 3:49 pm to Reluctantjuror
Why do you still choose to live in the shite hole that New Orleans has become and do you have plans to get out??
Ib4objection
Ib4objection
Posted on 6/28/22 at 3:49 pm to TeddyPadillac
There was also no proof of what happened in the previous altercation besides what ward testified to. He went to the hospital but no report was filed with nopd.
Had there been proof that Jackson was robbing ward I would likely vote the same based on what I know of the law. It doesn’t change the fact that ward caused Jackson’s death. I don’t believe the knife defense so won’t posit on a what if scenario where he stabbed ward and while being beat he folded the knife and clipped it back into his pocket before getting kicked in the head.
Had there been proof that Jackson was robbing ward I would likely vote the same based on what I know of the law. It doesn’t change the fact that ward caused Jackson’s death. I don’t believe the knife defense so won’t posit on a what if scenario where he stabbed ward and while being beat he folded the knife and clipped it back into his pocket before getting kicked in the head.
Posted on 6/28/22 at 3:53 pm to WildBillJR
For me personally especially if it was an older frail man I would have just pushed them and move to a different place. I’ve traveled internationally in large metropolitan areas where pick pocketing is commonplace so have experienced this type of behavior very frequently.
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