[xray678]

http://abclocal.go.com/ktrk/story?se...cal&id=8988719

I hope he walks.

[The Machinist]

I also hope he walks. You take a man's family from him, and he has nothing left - watch out. The drunk SOB got what was coming to him.

[fireguy129]

He certainly made sure there's no repeat offense on that one.

[sputnik767]

So am I right to understand that this shooting was not in self-defense? While I feel for him and for his loss, his actions were absolutely inappropriate and unjustified under the law. Keep in mind that our legal system isn't based on whether the drunk driver deserved it, the decision to charge the shooter is based on whether the shooter broke the law. In this case, he is not going to walk. Having said that, I am glad I'm not going to be sitting on his jury because I would hate to have to convict him.

[GlockPride]

I'm not thinking I could convict.

[xromad]

Originally Posted by sputnik767

So am I right to understand that this shooting was not in self-defense? While I feel for him and for his loss, his actions were absolutely inappropriate and unjustified under the law. Keep in mind that our legal system isn't based on whether the drunk driver deserved it, the decision to charge the shooter is based on whether the shooter broke the law. In this case, he is not going to walk. Having said that, I am glad I'm not going to be sitting on his jury.

Jury Nullification for $1000, Alex.

[Kevinr20]

He killed him out of rage. He didn't know if the guy had a heart attack or passed out from diabetes. It wasn't determined he was intoxicated until after he was dead. I can understand wanting to hurt someone who just killed your family but what if it truly was an accident due to a medical condition or something else.

Sent from my DROID RAZR

[Dexters]

Originally Posted by xray678

http://abclocal.go.com/ktrk/story?se...cal&id=8988719

I hope he walks.

"On December 7, 2012, at about 11:30pm, ...
David, 12, and Caleb, 11, were pushing the truck when a car rear-ended their vehicle. "

He's not going to walk. We can't tell how much alcohol was a factor or the dark and lack of lights?

[sputnik767]

Originally Posted by xromad

Jury Nullification for $1000, Alex.

Interesting. I did not know that was possible. However given the current climate regarding guns, I would say that it is very unlikely. Of course it also depends on where he lives. I am also not sure if it would be appropriate, if he in fact carried out his own justice in this way. In my home state of VA, which is a very gun-friendly state, he would have blatantly broken the "duty to retreat" portion of the law.

[RustyL]

Wow, I get to go kill the doctor that misdiagnosed my father.


Posted using Outdoor Hub Campfire

[VA27]

It's Texas. Do you think a jury of his peers will convict him?

[*ASH*]

alot of fail on both sides

one you dont have kids pushing vehicles on the road . dads fault

drunk driver hit and killed them - drunks fault

its a hard choice , no one wins .

if someone killed my kids like that i would prolly do same thing ,but id expect jail time also

[Gunhaver]

Originally Posted by sputnik767

So am I right to understand that this shooting was not in self-defense? While I feel for him and for his loss, his actions were absolutely inappropriate and unjustified under the law. Keep in mind that our legal system isn't based on whether the drunk driver deserved it, the decision to charge the shooter is based on whether the shooter broke the law. In this case, he is not going to walk. Having said that, I am glad I'm not going to be sitting on his jury.

**** the law. They drop the ball on DD convictions and sentences every day and are as directly as responsible for many of those deaths as the drunk behind the wheel. You know what? If my family was killed by someone doing something that the law ignores and weakly slaps people on the wrist for every day than I might be driven to do the same thing.

When "the law" lets a repeat DD offender behind the wheel again then don't be surprised when people start taking matters into their own hands.

[hogfish]

Terrible situation. Temporary insanity?

[xromad]

Originally Posted by sputnik767

Interesting. I did not know that was possible.

Yeah, the system tends to not tell people about it, and sometimes reacts badly to those who do.

[ChuteTheMall]

Originally Posted by sputnik767

In my home state of VA, which is a very gun-friendly state, he would have blatantly broken the "duty to retreat" portion of the law.

Virginia does not have a "duty to retreat" portion of the law, in fact, it's a "stand your ground" state.
Here's a link to a good explanation:

http://www.glocktalk.com/forums/show...8#post19968878

Too bad going home to fetch a gun and returning to shoot someone isn't covered by that.
He should have been carrying, in case he was in fear for his life from the homicidal drunken maniac.


If I was on a jury that found him guilty, I'd impose a fine of one dollar and pass the hat.

[RonS]

Bad for everyone. I blame the shooter less than the drunk, if the drunk has stayed off the road the kids would be alive, the drunk would be alive and there would be no problem.

IMHO we need to wage war on judges who put drunks back on the road. Vote them out, hold them accountable, raise holy hell with them in the press.

I think this whole thing is a perfect example of why America is going to hell in a handbasket. The system does not work. The criminal justice industry does not provide justice, it just makes money for lawyers, judges, corrections facilities and bail bondsmen. We all know it doesn't work. How can you have a social contract with something as disfunctional as 21st century America?

[sputnik767]

Originally Posted by Gunhaver

**** the law. They drop the ball on DD convictions and sentences every day and are as directly as responsible for many of those deaths as the drunk behind the wheel. You know what? If my family was killed by someone doing something that the law ignores and weakly slaps people on the wrist for every day than I might be driven to do the same thing.

When "the law" lets a repeat DD offender behind the wheel again then don't be surprised when people start taking matters into their own hands.

It's a free country. You can make your own choices, but be prepared to face the consequences if it comes to it. Murder is murder, and both sides committed it here.

[sputnik767]

Originally Posted by RonS

Bad for everyone. I blame the shooter less than the drunk, if the drunk has stayed off the road the kids would be alive, the drunk would be alive and there would be no problem.

IMHO we need to wage war on judges who put drunks back on the road. Vote them out, hold them accountable, raise holy hell with them in the press.

I don't believe we elect judges.

[Nemesis.]

Originally Posted by sputnik767

his actions were absolutely inappropriate and unjustified under the law

Who cares? Our legal system protects the scum and persecutes the righteous.

The shooter's going to walk. No jury will convict him.

[Kingarthurhk]

Originally Posted by sputnik767

So am I right to understand that this shooting was not in self-defense? While I feel for him and for his loss, his actions were absolutely inappropriate and unjustified under the law. Keep in mind that our legal system isn't based on whether the drunk driver deserved it, the decision to charge the shooter is based on whether the shooter broke the law. In this case, he is not going to walk. Having said that, I am glad I'm not going to be sitting on his jury because I would hate to have to convict him.

I think our justice system should incorporate the death penalty for drunk drivers that kill people.

[Kingarthurhk]

Originally Posted by sputnik767

It's a free country. You can make your own choices, but be prepared to face the consequences if it comes to it. Murder is murder, and both sides committed it here.

With the exception that DWI homocide is treated as less than a manslaughter in most cases. It should be treated as first degree murder. Why? The person made a concious, premediated decision to become intoxicated and then take a 5 ton weapon and not care if they killed peoplw with it. Which they clearly did.

I have no sympathy for the dead drunk driver. Not even a little.

[mtbinva]

Originally Posted by hogfish

Terrible situation. Temporary insanity?

I was thinking the same thing. The events are just tragic. A rational human being of his right mind...... ah crap, there is no such thing as right mind when both your children are killed in front of you.

Just saying.

[cowboywannabe]

they dont have a weapon (yet)......circumstancial evidence so far....he could walk.

[podwich]

Originally Posted by sputnik767

I don't believe we elect judges.

Depends. We do elect some (at least in MI, anyway).