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Thread: Probably a bit of jury nullification

  1. #1

    Probably a bit of jury nullification

    Extemely sad story. Father was driving with his two sons and his car breaks down. He's out trying to fix the car and a drunk driver slams into the car and kills the two boys. The distraught father shoots and kills the drunk driver. Houston jury acquitted the shooter.

    http://www.chron.com/news/houston-texas ... ?cmpid=bna

  2. #2

    Re: Probably a bit of jury nullification

    kind of makes vetoing funding sort of pale in comparison

  3. #3

    Re: Probably a bit of jury nullification

    As a Dad, just can't say if I was on that jury that I wouldn't go along with the nullification. Part of the reason that I didn't get hired by Harris County DA's office was that I sometimes empathized with the criminals, based on the facts and circumstances. The DA wants mindless prosectuing robots.

  4. #4

    Re: Probably a bit of jury nullification

    The criminal justice system is supposed to be about justice. In this case justice was served. I can envision slightly different circumstances where it would have been murder, though.

  5. #5

    Re: Probably a bit of jury nullification

    Good case to use temporary insanity or a "heat of the moment" defense.

  6. #6

    Re: Probably a bit of jury nullification

    Quote Originally Posted by finance85
    The criminal justice system is supposed to be about justice. In this case justice was served. I can envision slightly different circumstances where it would have been murder, though.
    Thats not justice. Intentional murder to avenge negligent homicide?

    C'mon.

  7. #7

    Re: Probably a bit of jury nullification

    Quote Originally Posted by Fijimn
    The DA wants mindless prosectuing robots.

    BAU and yet another reason our criminal justice system is so corrupt

  8. #8
    Administrator FSU_Jeep's Avatar
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    Re: Probably a bit of jury nullification

    Being a father, I would likely see that exact same outcome had it been me and my kids and I probably wouldn't give a **** what the jury decided.

  9. #9

    Re: Probably a bit of jury nullification

    As a father i can almost understand, but as someone who isn't an idiot the I think father needs to look at himself for guilt as having your kids pushing an unlit truck down an unlit road at night is dumb as all get out. DUI is likely not the reason his kids are dead. He is.

  10. #10

    Re: Probably a bit of jury nullification

    Kiting:

    What about the DUI driver? I would agree with you if the driver was sober.

  11. #11

    Re: Probably a bit of jury nullification

    Quote Originally Posted by Brooklyn Nole
    Kiting:

    What about the DUI driver? I would agree with you if the driver was sober.
    If they were hit by a sober driver they would still be dead. If they weren't pushing his truck down a dark road they would still be alive.
    Alcohol may or may not have played a roll in this tragedy but the kids father's negligence certainly did.

  12. #12
    Administrator FSU_Jeep's Avatar
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    Re: Probably a bit of jury nullification

    Quote Originally Posted by KitingHigh
    Quote Originally Posted by Brooklyn Nole
    Kiting:

    What about the DUI driver? I would agree with you if the driver was sober.
    If they were hit by a sober driver they would still be dead. If they weren't pushing his truck down a dark road they would still be alive.
    Alcohol may or may not have played a roll in this tragedy but the kids father's negligence certainly did.
    Having a flat tire is negligence?

    Please explain this one to us sir.

  13. #13

    Re: Probably a bit of jury nullification

    It is weapons grade stupid to have your children push a truck down a dark road

  14. #14

    Re: Probably a bit of jury nullification

    [quote=FSU_Jeep]
    Quote Originally Posted by KitingHigh
    Quote Originally Posted by "Brooklyn Nole":3sgyj0oy
    Kiting:

    What about the DUI driver? I would agree with you if the driver was sober.
    If they were hit by a sober driver they would still be dead. If they weren't pushing his truck down a dark road they would still be alive.
    Alcohol may or may not have played a roll in this tragedy but the kids father's negligence certainly did.
    Having a flat tire is negligence?

    Please explain this one to us sir.[/quote:3sgyj0oy]

    Having two preteens push your 7 thousand pound truck down an unlit country road at night is negligent. And he didn't have a flat tire. He ran out of gas.

    He didn't shoot in a fit of rage either. He went to his house, got his gun, turned off his surveillance system because it was recording the scene, came back, executed the driver, then ditched the gun. They found the holster and extra ammo in his house but never found the weapon.

  15. #15
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    Re: Probably a bit of jury nullification

    He didn't deserve to be murdered.

  16. #16

    Re: Probably a bit of jury nullification

    From the story, it sounds like they didn't have any evidence tying him to the shooting. It is pretty obvious the guy did the shooting but the evidence did not exist for a conviction.


    "But prosecutors faced an uphill climb in erasing any reasonable doubt in jurors' minds. Police failed to produce a murder weapon linked to the killing, gunpowder residue tests on Barajas' hands were negative and no witnesses saw anything that transpired on the dark December night. Though Barajas' attorneys could not identify who else could have killed Banda, who had a blood alcohol level twice the legal limit, the lawyers managed to create enough ambiguity that pushed a conviction out of reach."

  17. #17
    Administrator FSU_Jeep's Avatar
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    Re: Probably a bit of jury nullification

    [quote=KitingHigh]
    Quote Originally Posted by FSU_Jeep
    Quote Originally Posted by KitingHigh
    Quote Originally Posted by "Brooklyn Nole":mjf6kdwu
    Kiting:

    What about the DUI driver? I would agree with you if the driver was sober.
    If they were hit by a sober driver they would still be dead. If they weren't pushing his truck down a dark road they would still be alive.
    Alcohol may or may not have played a roll in this tragedy but the kids father's negligence certainly did.
    Having a flat tire is negligence?

    Please explain this one to us sir.
    Having two preteens push your 7 thousand pound truck down an unlit country road at night is negligent. And he didn't have a flat tire. He ran out of gas.

    He didn't shoot in a fit of rage either. He went to his house, got his gun, turned off his surveillance system because it was recording the scene, came back, executed the driver, then ditched the gun. They found the holster and extra ammo in his house but never found the weapon.[/quote:mjf6kdwu]


    I based my post on the OP's post, I did not read the article so are you saying the OP mislead us?

  18. #18

    Re: Probably a bit of jury nullification

    [quote=FSU_Jeep][quote=KitingHigh]
    Quote Originally Posted by "FSU_Jeep":1pgubv8t
    Quote Originally Posted by KitingHigh
    Quote Originally Posted by "Brooklyn Nole":1pgubv8t
    Kiting:

    What about the DUI driver? I would agree with you if the driver was sober.
    If they were hit by a sober driver they would still be dead. If they weren't pushing his truck down a dark road they would still be alive.
    Alcohol may or may not have played a roll in this tragedy but the kids father's negligence certainly did.
    Having a flat tire is negligence?

    Please explain this one to us sir.
    Having two preteens push your 7 thousand pound truck down an unlit country road at night is negligent. And he didn't have a flat tire. He ran out of gas.

    He didn't shoot in a fit of rage either. He went to his house, got his gun, turned off his surveillance system because it was recording the scene, came back, executed the driver, then ditched the gun. They found the holster and extra ammo in his house but never found the weapon.[/quote:1pgubv8t]


    I based my post on the OP's post, I did not read the article so are you saying the OP mislead us?[/quote:1pgubv8t]

    Yes, though I doubt it was intentional. The shooter and his family ran out of gas near their home. He and his sons got out and were pushing the truck, an F250, in the road while his wife and daughter rode in the cab. The other driver did not see them in time to stop and ran right into them. This happened almost right in front of the shooters house. If he had simply pulled off the road the family could have easily walked home (he did just that to get his gun) and dealt with the truck the next day, or he could have returned with a gas can and driven the truck. It is a horrible tragedy, compounded by the murder of the other driver who was also a father, that was easily avoidable.

  19. #19
    Administrator FSU_Jeep's Avatar
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    Re: Probably a bit of jury nullification

    [quote=KitingHigh][quote=FSU_Jeep]
    Quote Originally Posted by KitingHigh
    Quote Originally Posted by "FSU_Jeep":12hsuv0v
    Quote Originally Posted by KitingHigh
    Quote Originally Posted by "Brooklyn Nole":12hsuv0v
    Kiting:

    What about the DUI driver? I would agree with you if the driver was sober.
    If they were hit by a sober driver they would still be dead. If they weren't pushing his truck down a dark road they would still be alive.
    Alcohol may or may not have played a roll in this tragedy but the kids father's negligence certainly did.
    Having a flat tire is negligence?

    Please explain this one to us sir.
    Having two preteens push your 7 thousand pound truck down an unlit country road at night is negligent. And he didn't have a flat tire. He ran out of gas.

    He didn't shoot in a fit of rage either. He went to his house, got his gun, turned off his surveillance system because it was recording the scene, came back, executed the driver, then ditched the gun. They found the holster and extra ammo in his house but never found the weapon.

    I based my post on the OP's post, I did not read the article so are you saying the OP mislead us?[/quote:12hsuv0v]

    Yes, though I doubt it was intentional. The shooter and his family ran out of gas near their home. He and his sons got out and were pushing the truck, an F250, in the road while his wife and daughter rode in the cab. The other driver did not see them in time to stop and ran right into them. This happened almost right in front of the shooters house. If he had simply pulled off the road the family could have easily walked home (he did just that to get his gun) and dealt with the truck the next day, or he could have returned with a gas can and driven the truck. It is a horrible tragedy, compounded by the murder of the other driver who was also a father, that was easily avoidable.[/quote:12hsuv0v]

    However the driver that got shot and that ran into the car was drunk correct? Had he been sober it is likely he would've seen the impaired vehicle that likely still had it's lights on (assumption) and would of been able to stop or react in time.

    If he had been drinking, had he never gotten behind the wheel of a car all would still be alive!

  20. #20

    Re: Probably a bit of jury nullification

    Like I said alcohol may or may not have played a roll. We will never know for sure. Maybe if the driver was sober he could have stopped in time. Maybe not. There is no question whatsoever that those boys would not have died that night had the father used a little common sense.

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