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Old 03-02-2011, 12:15 PM
 
Location: Raleigh, NC
103 posts, read 136,823 times
Reputation: 85

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Quote:
Originally Posted by boardjnky4 View Post
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.
I might speed for fun. I might speed because at that moment I'm so high think I am God and that all others are mere playthings meant to bend to my whim and will. Besides, if his goal (as you laid out earlier) was to "get drunk then transport himself to his home without getting busted" certainly he wouldn't have been driving so conspicuously.

You cannot say what his reason for speeding was and he's not likely to tell you. As another poster said the keystone for murder 2 is not intention to kill, it's wonton recklessness - something that 10 over and sober does not (depending on the case) qualify for. Drunk and 40 over on the other hand.
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Old 03-02-2011, 12:18 PM
 
Location: Raleigh, NC
103 posts, read 136,823 times
Reputation: 85
Quote:
Originally Posted by boardjnky4 View Post
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?
As judged on a case-by-case basis I don't see a reason why it shouldn't be a consideration.
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Old 03-02-2011, 12:25 PM
 
1,118 posts, read 1,968,794 times
Reputation: 760
I'm just gonna go ahead and agree to disagree and move on...I appreciate the debate, but it's going in circles
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Old 03-02-2011, 03:17 PM
 
7,695 posts, read 12,841,965 times
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Quote:
Originally Posted by boardjnky4 View Post
I think the right call was made.

Was it a bad judgement call? yes...a horrible one
does it fit the description of intent to kill? no

His intentions were to get drunk then transport himself to his home without getting busted.

As far as the law is concerned, it does not fit. The DA should have stuck with manslaughter charges. They made a ballsy move trying for 2nd degree.
You are a bit fuzzy about the law and second degree murder..
Intent to kill is necessary for first degree murder.

people often get charged & convicted for second degree murder when there is a reckless act that showed total disregard for human life.
A lady in Ca was convicted because her aggressive dog killed a child.
They showed that she should have known that the death was a possibility.

The law says it has to be a reckless intentional act that causes the death.
Choosing to drive drunk & speed was intentional. 10 out of the 12 jurors
agreed it was a second degree offense..
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Old 03-02-2011, 03:29 PM
 
Location: Downtown Raleigh
1,619 posts, read 2,899,280 times
Reputation: 2032
For the law junkies among us, here's an excellent primer:

second degree murder « North Carolina Criminal Law
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Old 03-02-2011, 03:32 PM
 
Location: Raleigh, NC
10,323 posts, read 18,660,193 times
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Quote:
Originally Posted by northerner9 View Post
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?
Unfortunately (IMHO), if there is a civil case, it will likely be against the tavern and/or country club instead of him (or in addition to him). Somehow civil liability lawsuits seem to punish people/businesses who may be guilty of a tiny amount of negligence (but have deep pockets) more than the person who actually did something horribly wrong and purposeful (though in this case, he, as well, has pretty deep pockets).

But I absolutely agree that when the victim is young, female, pretty, and blonde (for some reason), the coverage and "outrage" is x10000000. Think of all of the coverage of the Natalie Holloway case (still) that absolutely dominted front-page headlines for weeks, compared to the number of people who disappear all the time and are hardly mentioned.

I would hope that we would have all been just as outraged in this case if it had been, say, a 6'2" 50-year-old black male who had been killed, but somehow I doubt the public outrage would have been quite as intense. I am not saying the outrage should have been any LESS in this case, but that it should be just as much in other non-young/female/blonde cases.
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Old 03-02-2011, 04:03 PM
 
7,695 posts, read 12,841,965 times
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Malice aforethought is implied if a person’s conduct manifests an extreme indifference to the value of human life.


I think he showed extreme indifference .
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Old 03-02-2011, 06:22 PM
 
351 posts, read 683,254 times
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Quote:
Originally Posted by boardjnky4 View Post
I suspect that many people are just wanting to make an example out of him, and they are just joining the angry mob.
I think he did a pretty good job of making an example out of himself.
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Old 03-02-2011, 06:44 PM
jgb
 
480 posts, read 1,049,489 times
Reputation: 239
For sure, the case gets more attention because of the "type" of people in involved, but if it gets people talking and thinking about drunk driving and our legal system, that's good. I don't think we should talk about this case any less, just talk about all the other victims more. IMO, debate and discussion is good.
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Old 03-03-2011, 07:28 AM
 
6,310 posts, read 7,990,836 times
Reputation: 7903
One reason the case garnered so much attention is how much tragedy there is on all sides. I mean it's the ultimate irony--you have a surgeon who took an oath to "do not harm" as part of his Hippocratic oath but he's really a drunkard, and he gets hammered, gets in his expensive car, drives way over the limit and slams into the car of a young, talented woman, killing her immediately.

She is young, smart, talented, artistic, a ballerina (hello! stuff of dreams), who embodies all that we think of in who we hope the next generation of adults will become.

So you have two people, one completely innocent, the other on a downward spiral with his alcoholism, both have a lot to live for and a lot to be grateful for, and this doctor (Dr. Do No Harm) in one fell swoop of drunken disregard, ruins 2 families, takes the life of an innocent young woman, and ends his own career and reputation.

This is the stuff of a Shakespearean tragedy when you look at it. It's not because of skin color or race...it's because the two people involved had everything to live for, and this homicide tore apart everything.
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