Originally Posted by Altaris
The problem is, from what I can tell, is that it was not known he was drunk until After the fact.
If I go shoot someone on the street, and find out later he just happened to be a wanted cop killer, I will probably get praise for that. That still does not justify my actions since I didn't know it at the time and he could have been an innocent person. I would still deserve to go to jail.
You are right, this is a very tragic situation for everyone, and it was caused by multiple errors committed on both sides.
With his BAC, I'm sure there was an odor. However, that's PURE speculation on my part. Certainly, he can establish deminished capacity. So the issue is either a lesser charge or even acquittal.
It will be interesting to see how this plays put in court.
Regardless, tragic, all the way around.