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Originally Posted by BNaylor
For what good it will do he can always file an appeal after the Judge denies the Motion for New Trial. I'm quite sure his lawyer is going to do that. I think his sentencing trial is set for December 5. Curious to see what he gets for punishment.
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I'm sure they'll throw the book at him just to set an example. He sure doesnt have the cash to pay many high dollar fines.
I did hear its going to be appealed and maybe even a retrail because some of the jury memebers were biased and made comments to that nature.
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Originally Posted by BNaylor
Speaking of weird or draconian state penal codes. In Texas you can be convicted of murder now in an automobile related accident death where you are negligent. The vehicle is being used as the weapon. The old manslaughter days are gone.  |
I think Indiana has some new laws set up like this, especialy for DUI accidents.
One of my wifes relatives was under the influence and wrecked and killed his own brother and a friend, he got manslaughter, spent 7-8 years in prison and years of probation....but then he was ran over by a drunk driver in Chicago , died a week after his release from prison.
Then I read in the paper not long ago another man did something simular and he got 20 yrs for "vehicular homicide"(Vehicular Manslaughter). He was a repeat DUI offender though.
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Originally Posted by ericn1300
Wouldn't that be dependent on intent to use the vehicle as a weapon? If I pick up a hammer and attack you that is intent, if the hammer falls out of my tool belt while I'm on the roof and hits you in the head, thats negligence and maybe manslaughter. What if I swerve to miss a cow and roll the car killing my passenger? Does this law carry the death penalty?
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Yes a car is considered a weapon if your intent is to kill, just as a gun, knife or hammer. If you are drunk and hit the cow and killed your passager(s) you'll possibly get a vehicular manslaughter charge.