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re: Auburn police have arrested 16 y/o for manslaughter in death of RB and wife
Posted on 7/2/19 at 9:06 pm to borotiger
Posted on 7/2/19 at 9:06 pm to borotiger
quote:
He made an awful mistake but it was not an intentional one
We don’t know what his intentions were when the wreck happened.
He could have been suicidal, mad at society, any number of things. Sonetimes things that look like mistakes aren’t mistakes.
0
Posted on 7/2/19 at 9:14 pm to jangalang
quote:
It all depends on the facts of the case
Exactly and none of us know all the facts. Which is why it can’t be brushed off as just a ‘mistake’ right now.
This post was edited on 7/2/19 at 9:26 pm
Posted on 7/2/19 at 9:51 pm to Rig
quote:
I’m convinced he fell asleep while his foot was on the pedal
I think the natural thing for your foot to do when you fall asleep at the wheel is retract from the pedal not push on it.
Dont ask me how I know.
Posted on 7/2/19 at 10:13 pm to N97883
I wouldn’t know, but I think it could be believable that he fell asleep and the weight of his foot pushed the gas pedal. It would also line up with his initial report that he was asleep and couldn’t recollect anything
Posted on 7/2/19 at 10:53 pm to N97883
quote:
I think the natural thing for your foot to do when you fall asleep at the wheel is retract from the pedal not push on i
The only experience I’ve had with this was following someone who had fallen asleep. They accelerated. I noticed we went from around 60 to 80.
Posted on 7/3/19 at 9:36 am to CaptainBrannigan
quote:
quote:If you are stoned and going 90 Dude if you are driving stoned, you are not going 90 mph.
Could we please stop arguing the facts when NONE of us have access to the facts. Here are the facts we do know:
- A young man appears to have made a series of poor choices. As a result, his life has irretrievably been changed for the worse. As I said in an earlier post, until shown otherwise, I'm going to assume the young man feels the regret and remorse that anyone who is not a sociopath would feel.
- Two innocent lives were lost as a result of his choice.
- Law enforcement investigation shows excessive speed as well as impairment due to marijuana use.
- Due to all of the above, the young man will be held accountable for his actions as it appears some punishment is due. Let's let the criminal justice system due it's job.
THE END
Posted on 7/3/19 at 9:51 am to Broadside Bob
quote:
- A young man appears to have made a series of poor choices. As a result, his life has irretrievably been changed for the worse. As I said in an earlier post, until shown otherwise, I'm going to assume the young man feels the regret and remorse that anyone who is not a sociopath would feel.
- Two innocent lives were lost as a result of his choice.
- Law enforcement investigation shows excessive speed as well as impairment due to marijuana use.
- Due to all of the above, the young man will be held accountable for his actions as it appears some punishment is due. Let's let the criminal justice system due it's job.
I'd even argue that we don't know if he made a "series of poor choices." The only poor choice may have been trying to drive home if he was severely exhausted.
To me, the marijuana in his system does not prove anything.
He will be held accountable. I expect he will take a deal, and serve a year in prison with tons of probation, community service, etc.
Kid's life is already ruined as well.
Posted on 7/3/19 at 10:18 am to Broadside Bob
quote:
impairment due to marijuana use.
Correct me if I'm wrong, but didn't ALEA just say that there was THC in his blood? There is a presumed assumption of impairment but the kid could have smoked 4 days before and it could show up positive on a blood test.
Posted on 7/3/19 at 12:54 pm to AUCatfish
quote:
Correct me if I'm wrong, but didn't ALEA just say that there was THC in his blood?
You are correct.
quote:
There is a presumed assumption of impairment but the kid could have smoked 4 days before and it could show up positive on a blood test.
That depends on how often he smoked. An everyday smoker, yeah it could still be in his blood if he wasn't impaired. A weekend recreational smoker, probably wouldn't be in his blood 4 days later.
Regardless, it was in his blood at the time of the tox screen at the hospital and he more than likely will serve time in jail.
Posted on 7/3/19 at 1:03 pm to JamalSanders
quote:
Regardless, it was in his blood at the time of the tox screen at the hospital and he more than likely will serve time in jail.
I think this is the law in Alabama, doesn't matter when you did it, just that it's in your blood stream.
Posted on 7/3/19 at 1:16 pm to AUCatfish
quote:
I think this is the law in Alabama, doesn't matter when you did it, just that it's in your blood stream.
I'm not sure it is the law, but it does shift the burden of presumption of impairment from the state to the defendant.
Posted on 7/3/19 at 8:14 pm to JamalSanders
Has anyone else heard that witnesses have come forward, stating he was smoking the devil's lettuce at the lake, earlier that day?
So let's go by what we know. The accident happened late afternoon, early evening. He was travelling on a busy road, with several intersections, at a high rate of speed (91 mph). He hit a stopped car, from the rear. THC has been found with the toxicology screening. The perpetrator claims he fell asleep.
I'm no Perry Mason, but those facts are pretty damning, and I'm sure the defense attorney is going to have his hands full preparing a defense with those known facts. I'm not sure where you even start.
So let's go by what we know. The accident happened late afternoon, early evening. He was travelling on a busy road, with several intersections, at a high rate of speed (91 mph). He hit a stopped car, from the rear. THC has been found with the toxicology screening. The perpetrator claims he fell asleep.
I'm no Perry Mason, but those facts are pretty damning, and I'm sure the defense attorney is going to have his hands full preparing a defense with those known facts. I'm not sure where you even start.
Posted on 7/3/19 at 8:37 pm to greygoose
He will plead. No way to go to trial with those facts unless you can attack the admissibility of the marijuana blood test.
Posted on 7/3/19 at 8:46 pm to greygoose
quote:
Has anyone else heard that witnesses have come forward, stating he was smoking the devil's lettuce at the lake, earlier that day?
quote:
but those facts are pretty damning
I don't think you know what facts are.
Posted on 7/3/19 at 9:19 pm to MrLarson
Your out of context, copy/paste just shows the depth your kind will descend to, in order to attempt to excuse the inexcusable actions.
This post was edited on 7/3/19 at 9:22 pm
Posted on 7/3/19 at 9:25 pm to MrLarson
I asked a question, then presented the facts, as we know them. Your deceptive tactic, attempted to combine the two. You are obviously a person of questionable intelligence.
Posted on 7/3/19 at 9:26 pm to ThaiTiger24
quote:
He will plead. No way to go to trial with those facts unless you can attack the admissibility of the marijuana blood test.
Agreed. I don't think F. Lee Bailey would want this in front of a jury.
Posted on 7/3/19 at 10:14 pm to greygoose
Posted on 7/4/19 at 6:36 am to allin2010
quote:
He has an attorney. He was not smoking that day
Well if a criminal defense attorney says his client didn't do something, then it must be the truth.
Posted on 7/4/19 at 7:07 am to allin2010
quote:
He has an attorney. He was not smoking that day
Doing 90 in a 55. Can’t wait to see this defense. Will the attorney argue that the kid didn’t know how fast he was going or wasn’t aware of how fast he was going? I suppose you’d have to be high for that to occur
. Or will the attorney argue that he did know how fast he was going and (insert some convoluted idea) the kid should be set free?
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