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Father shoots drunk driver who killed his sons

Discussion in 'The Okie Corral' started by xray678, Feb 11, 2013.

  1. mgs

    mgs Always Carrying Millennium Member

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    I agree but if the Judge let him off the hook.....he'd be gone in a few days and nobody would be the wiser. Drunk and or Judge.....after one they are all bonuses to society....so I would like to believe.
     
  2. DaleGribble

    DaleGribble Sandwich!

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    One word, no.

    Critical care paramedic here with eight years of 911 experience and I have never encountered a diabetic in DKA that even remotely smelled of etoh.

    Besides that, this guy just watched his two kids die, I seriously doubt he was in the frame of mind to do a patient assessment. He saw a drunk guy that killed his kids, he killed said drunk guy that killed his kids, it really is as simple as that.

    In my world view, he didn't do a damn thing wrong.
     

  3. The Fed

    The Fed

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    Temporary insanity.
     
  4. mtbinva

    mtbinva

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    It certainly was not premeditated as some would suggest. He was in a mentally diminished capacity and reacted.
     
  5. Black&TAN

    Black&TAN Senior Member

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    Terrible, indeed. If he would have used a sling blade instead of a bullet, maybe would have helped his plead.

    sent via Tapatalk
     
  6. Gallium

    Gallium CLM

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    Let me think for a second...oh yeah, here it is:


    What I did say was :
    I did not say "it is ok to kill drunk drivers by the roadside".

    Maybe you should spend more time learning how to carefully parse and understand the English language.
     
  7. Gallium

    Gallium CLM

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    At a very "caveman" like level, you're right.

    If you think about this from the confines of your warm computer chair in a well temperature maintained environment, what you are saying is horrific.

    Trials are about standards of reasonableness. It is entirely plausible to me, that a reasonable person - someone like Sputnik, Restless, HollowHead or you, would snap and behave in a similar manner if it was your children who were killed by a drunk driver.

    If nothing remotely close has ever happened to you, its fine to argue anything else. Much like MOST death penalty opponents are suddenly VERY pro-death penalty when their daughter or son is raped, strangled and stabbed, left to bleed out in an alley.
     
  8. mtbinva

    mtbinva

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  9. Bren

    Bren NRA Life Member

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    You can't tell when somebody is drunk? Most people can.

    The problem with that rule is, after having too many drinks, they are no longer making rational decisions and not allowing the police to stop them before they cause damage means somebody has to die to make the point. Every drunk driver believes nothing is going to happen to him, just as strong as a liberal believes he doesn't need a gun for self-defense. Requiring somebody to be injured or killed before we can get one off the road would make DUI homicides and injuries an even bigger problem than they are now (and they are already a much bigger problem than violent crime).
     
    Last edited: Feb 12, 2013
  10. gwalchmai

    gwalchmai Lucky Member

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    I agree with jury nullification for this guy.
     
  11. Altaris

    Altaris

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    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.
     
  12. mtbinva

    mtbinva

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    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.
     
  13. Roger1079

    Roger1079

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    5 tons? Was the drunk in the cab of a big rig?

    On a serious not though this who situation is full of fail. If he waled to his nearby home to retrieve a gun, I can understand due to the close proximity why they tried to push the vehicle rather than calling for a tow truck. However, at nearly midnight is not the time to be pushing a vehicle on a roadway. They should have left it on the shoulder, all walked home, and dealt with it in the morning.

    The drunk on the other hand should have never been intoxicated in the first place being underage, much less getting behind the wheel in that condition. That being said, the father is still accountable for what he did which if how the article reads is accurate (which it very well may not be) is go home to retrieve the gun that he used to kill the drunk driver.

    I really hope this guy gets a lawyer that can make a temporary insanity plea stick, however it doesn't look good as it appears that he went home for the gun giving him time to think his actions through. If he was carrying, getting that plea to hold water would be much easier.

    Either way you look at it, the entire situation is a tragedy.
     
  14. DaleGribble

    DaleGribble Sandwich!

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    I totally agree with every word you said.

    Nothing like this has ever happened to me and I hope it never does, but it's not hard to imagine this father going bat **** insane when he saw his sons get killed by a drunk.

    Hopefully, if this guy gets convicted, Rick Perry will pardon him!
     
  15. BobInTX

    BobInTX

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    I live in Texas. Yes, we would. He'd probably get manslaughter because of the boys' deaths, but there was premeditation involved because he deliberately went back to his house to get his gun. And I agree with others who say that he didn't know the cause of the guy hitting the car. He was just killing the guy who killed his boys.

    We respect the rule of law in Texas.
     
  16. mtbinva

    mtbinva

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    I have to question the premeditation. There are two parts to a criminal act, and in this case I believe mens rea was not a premeditated, even though he went to his house to obtain his weapon. Being present and witnessing BOTH children getting killed altered his state of mind, I think it's safe to say. I would fathom to guess he was in a state of shock.

    Even in the time it took for him to secure his weapon would not (IMHO) equate to returning to a rational state of mind and go down the path of premeditation.

    Just my $0.02
     
  17. GVIFlyer

    GVIFlyer Senior Member

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    You live in Texas or you're a Texan?

    Did you read the Texas Penal Code § 19.02. MURDER extract covering Texas's "adequate cause" and "sudden passion" laws that I posted earlier in this thread?
     
  18. Z71bill

    Z71bill

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    So he had the capacity to determine the driver had over the legal limit of alcohol - but not enough to realize that shooting the driver was illegal?

    Maybe they could show he was mentally impaired at the time of the shooting - what state of mind would cause a person to leave one critically injured child, his wife, 8 year old daughter, 3 month old son and dead child - at the accident to walk home and get a gun.
     
  19. Flying-Dutchman

    Flying-Dutchman

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    Too bad actors; a drunk driver and an idiot making his kids push his car in the dark though he somehow survived maybe by jumping out of the way.

    Just like all those fires where the adults somehow live while the kids die.

    But no jury will convict. Hung jury or not guilty; if GT’ers were the jury, it would be a hung jury.

    The prosecutor is lucky to get a plea bargain for manslaughter with a light sentence.

    No parent will convict.
     
  20. mtbinva

    mtbinva

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    I don't think IMHO you can apply any rationality to his actions. My point is, he acted in a reduced capacity, so his rational thinking abilities and judgment were obviously impaired. How one reacts can't be predicted in such a state.

    I agree with the question of why would you leave your wife and injured child, but at that point rationality is a moot point... sadly.

    The whole thing is tragic.