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Started By
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1
Posted on 1/24/18 at 10:36 am to Ash Williams
quote:
This is where he's screwed
intent can be formed in an instant and its hard to argue that you didnt have the intent to inflict great bodily harm when you kick a guy in the head while hes already on the ground
his likely course will be to argue that he was so intoxicated that he didn't know the reason between right and wrong and therefore could not form the requisite intent to kill or inflict great bodily harm
If this was just a fight that got out of hand, I can't see a jury agreeing that he "intended" to inflict great bodily harm. But this is mostly not knowing the details of what happened. If, as you said, the death was from something like a kick to the head whilst the other person is on the ground then I can see intent. If it was someone falling and cracking their head open, then probably not.
It seems like they overcharge in a lot of cases so they can settle on a lesser charge like manslaughter or something.
Posted on 1/24/18 at 10:36 am to tiggerthetooth
quote:
he clearly was a major drinker with maybe an alcohol problem
Because he was a 25 year old wasted on a weekend night at 1 AM?
Come on man, that's reaching. Everyone I know has an alcohol problem then.
quote:
But it's one thing to be a nice guy around your friends. Some people can become really hostile around strangers under the right circumstances.
Just like pit bulls love their trainers but don't hesitate to kill something that isn't their trainers.
I think his friends that have known him and his family since grade school would know if he was hostile towards strangers.
Again, you're trying to make this black and white. That just isn't how the world works.
Some things are just unexplainable. The blackout drunk mixed with whatever emotions he had that night mixed with whatever situation happened with the 60 year old man led to a perfect storm of shite.
Posted on 1/24/18 at 10:37 am to slackster
I'm betting $250k-750k depending on who shows up on his behalf. I think $350k is the lowest reasonable number, $500k is likely. He'll have to turn in a passport regardless of the bond.
Posted on 1/24/18 at 10:38 am to Jim Smith
quote:
So I don't get the whole prison rape thing. Are there a lot of gay people in jail or something? I mean, why else would a straight person butt rape another male? You can't say lack of getting poontang because I can't imagine not getting any makes you gay. And it's not a power thing, because who in prison respects a butt raper? shite just doesn't make sense to me.
when ya in there for long enuff......
Posted on 1/24/18 at 10:38 am to slackster
I agree. How many times did he allegedly kick the old man?
Posted on 1/24/18 at 10:38 am to magildachunks
quote:
The entire jail already know what he’s in for.
How many 60 year old dudes in there are going to challenge him to a fight?
Posted on 1/24/18 at 10:38 am to Jim Smith
Not getting any poontang makes some want poontang.
Though the whole rape thing is overblown. Most are what are called "punks" which are gay guys that want to be fricked.
A horny guy doing time will turn prison gay.
Oddly, I heard they beat up guys who beat off, but look the other way on rapists.
Though the whole rape thing is overblown. Most are what are called "punks" which are gay guys that want to be fricked.
A horny guy doing time will turn prison gay.
Oddly, I heard they beat up guys who beat off, but look the other way on rapists.
Posted on 1/24/18 at 10:40 am to tLSU
It will forever be called OPP to the streets. Like University is called charity.
Posted on 1/24/18 at 10:40 am to Napoleon
quote:
Opp is dumb then jumpsuits are for criminals.
Being charged doesn't make one a criminal.
Jumpsuits are for accused criminals who can't leave the jail. OJC has very few convicted prisoners, like 40, and those are awaiting trabsport to DOC.
By your logic, there would be 1500 people walking around in street clothing in the jail.
Posted on 1/24/18 at 10:40 am to Napoleon
how are you such an expert on the topic?
actually on so many different topics
actually on so many different topics
This post was edited on 1/24/18 at 10:41 am
Posted on 1/24/18 at 10:42 am to tLSU
t, don't day anything that can get you in trouble. Your insight is good, (aren't you the guy with the cool pictures that the city tourism stole?)
Posted on 1/24/18 at 10:44 am to jefforize
quote:
This thread has been great and i think my favorite part are the people arguing with an actual prosecutor
Thats what Im enjoying the most
Posted on 1/24/18 at 10:45 am to Napoleon
Sex offenders are in the most danger, they actually have to be separated from the general public for fear that other inmates might attack them.
Posted on 1/24/18 at 10:45 am to MLCLyons
quote:
It seems like they overcharge in a lot of cases so they can settle on a lesser charge like manslaughter or something.
Manslaughter in LA:
quote:
A. Manslaughter is:
(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed; or
(2) A homicide committed, without any intent to cause death or great bodily harm.
(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or
(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Article 30 or 30.1.
B. Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years. However, if the victim killed was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than ten years nor more than forty years.
Ward's problem may be "provocation sufficient to deprive an average person of his self-control and cool reflection." The law doesn't give you a break because you were drunk.
Posted on 1/24/18 at 10:47 am to tiggerthetooth
quote:
Just like pit bulls love their trainers/owners but don't hesitate to kill something that isn't their trainers/owners.
Great analogy!!
Ward is like a pit bull
Posted on 1/24/18 at 10:49 am to Napoleon
I never would. All this is just my opinion, BTW. I don't know anything more about the facts than what have been published.
Posted on 1/24/18 at 10:49 am to TheCaterpillar
quote:lame and overused excuse, imo
The blackout drunk
I don't doubt alcohol affected his judgement, but claiming "blackout drunk" is just trying to avoid full responsibility.
Posted on 1/24/18 at 10:50 am to Covingtontiger77
Let this be a lesson to you youngsters...nothing good happens after midnight
Posted on 1/24/18 at 10:51 am to PearlJam
quote:
lame and overused excuse, imo
I don't doubt alcohol affected his judgement, but claiming "blackout drunk" is just trying to avoid full responsibility.
I think you are misunderstanding. Its not an excuse.
But to try and say that didn't affect his decision making is absurd. He chose to get that drunk, so anything he does while that drunk is on him.
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