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Old 03-02-2011, 09:28 AM
 
6,321 posts, read 7,997,981 times
Reputation: 7914

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Quote:
The DA should have stuck with manslaughter charges.
They did. The jury had a choice of what to convict him on:

- involuntary manslaughter or 2nd degree murder and/or
- felony death by motor vehicle

The jury convicted on the manslaughter and motor vehicle charges. The judge could only sentence him for ONE of those convictions, so he selected the one that carried the most punishment...the felony death by motor vehicle.

Quote:
Every day for the next 1095 days he will sit there and think about the 2 families that he tore apart and the person that he killed.
I'm sure he'll be thinking about himself and his own family. Since he never apologized to the Shapiro family (and he had ample opportunity to do so), it seems unlikely that he'll spend much of his time thinking about them or his victim.
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Old 03-02-2011, 09:41 AM
 
Location: Raleigh, NC
103 posts, read 136,860 times
Reputation: 85
Quote:
Originally Posted by kelly237 View Post
Absolutely cannot believe that someone is assuming the outrage is race related...
Maybe its that she was so innocent & he so arrogant.
Race, weight and general attractiveness of the victim. It's 100% fact that these are factors that pertain to how much public attention these cases get.
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Old 03-02-2011, 09:43 AM
 
Location: Raleigh, NC
103 posts, read 136,860 times
Reputation: 85
Quote:
Originally Posted by boardjnky4 View Post
His intentions were to get drunk then transport himself to his home without getting busted.
I see where you're coming from, but those weren't his intentions as evidenced by the speed he was traveling.

Quote:
Originally Posted by boardjnky4 View Post
That is a long time. 3 years goes fast when you have a busy life, so to many people this may not seem like a lot, but to a person in a jail cell, it is an eternity.
I sit in a cubicle. Is that the same?

Honestly, three years would be like a vacation. I could read all that great fiction and philosophy that I can't find time for and exercise myself into great shape. No, the three years is nothing. Hopefully the charge haunts him for the rest of his professional life, but I doubt it.
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Old 03-02-2011, 09:45 AM
 
1,118 posts, read 1,970,075 times
Reputation: 765
yes, you're correct about the first statement. My bad.

Whether or not he chooses to show remorse for his actions is up to him. I'm not saying it's right, but it's his conscience, not mine. 3 years is still plenty of time for him to digest what he's done and to better himself.
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Old 03-02-2011, 09:52 AM
 
1,118 posts, read 1,970,075 times
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Quote:
Originally Posted by baaadgoatjoke View Post
I see where you're coming from, but those weren't his intentions as evidenced by the speed he was traveling.
People speed every day. I would be a liar if I said I've never done 65mph on Strickland. I know he was going considerably faster. What I am saying though, is that if any person is speeding and gets in an accident and kills someone, it's not murder. But if they are drunk, it is murder?

Again, I am not arguing that he deserves to get off on the charges, just simply that the law was interpreted correctly, and that he is serving time that is fair with that law. Nothing more
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Old 03-02-2011, 11:03 AM
 
Location: Raleigh, NC
103 posts, read 136,860 times
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Quote:
Originally Posted by boardjnky4 View Post
People speed every day. I would be a liar if I said I've never done 65mph on Strickland. I know he was going considerably faster. What I am saying though, is that if any person is speeding and gets in an accident and kills someone, it's not murder. But if they are drunk, it is murder?

Again, I am not arguing that he deserves to get off on the charges, just simply that the law was interpreted correctly, and that he is serving time that is fair with that law. Nothing more
There are logical degrees of speeding e.g. your run of the mill traffic ticket. 10 over isn't wonton (depending on conditions which could be argued in court) but 88 cleary fit the definition on this case.
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Old 03-02-2011, 11:44 AM
 
1,118 posts, read 1,970,075 times
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Quote:
Originally Posted by baaadgoatjoke View Post
There are logical degrees of speeding e.g. your run of the mill traffic ticket. 10 over isn't wonton (depending on conditions which could be argued in court) but 88 cleary fit the definition on this case.
That doesn't make any sense. The intent of speeding is to get from A to B faster. The intent is not to kill.

The only time you could argue that there was intent would be if he sped up to purposely slam into that car. Did any witness testify that he purposely sped into the car? no. He was driving fast, and since he was drunk, he couldn't react quickly enough to not hit the car.
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Old 03-02-2011, 11:47 AM
 
44 posts, read 185,461 times
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I agree that 3 years may be not enough for this DWI case with death.... What a poor girl. May God comfort her soul.

Everyone is talking about the criminal case. There should also be a civil case for financial compensation to the victim's families. Anyone has information on that? I would guess that it is in millions. Who is the injury law firm in charge of this?
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Old 03-02-2011, 11:52 AM
 
Location: ITB Raleigh, NC
814 posts, read 1,703,212 times
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Quote:
The intent is not to kill.

The only time you could argue that there was intent would be if he sped up to purposely slam into that car. Did any witness testify that he purposely sped into the car? no. He was driving fast, and since he was drunk, he couldn't react quickly enough to not hit the car.
But as someone posted in the definition of the crime earlier, there does not have to be intent to kill for second degree. Just knowing that someone dying is a possible outcome and have a 'reckless indifference" to that outcome. As one of the jurors said in the paper yesterday, he knew he had a problem and didn't do anything about it, he knew that what he did was dangerous and did it anyway. He didn't give a flip.

I also recall that 10 out of 12 jurors wanted 2nd degree.
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Old 03-02-2011, 12:04 PM
 
1,118 posts, read 1,970,075 times
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Quote:
Originally Posted by Usedtobe VaNC View Post
But as someone posted in the definition of the crime earlier, there does not have to be intent to kill for second degree. Just knowing that someone dying is a possible outcome and have a 'reckless indifference" to that outcome. As one of the jurors said in the paper yesterday, he knew he had a problem and didn't do anything about it, he knew that what he did was dangerous and did it anyway. He didn't give a flip.

I also recall that 10 out of 12 jurors wanted 2nd degree.
So I take it that you believe that if he was not drinking, and simply just a sober man speeding recklessly, that it should also be considered 2nd Degree Murder?

Deadly accidents are caused every day due to people driving too fast, those people don't get charged with Murder.

At some point here, we will just agree to disagree. I'm quite tired of arguing my interpretation.

I suspect that many people are just wanting to make an example out of him, and they are just joining the angry mob.
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