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  1. #26
    Senior Member
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    Quote Originally Posted by FBinNY View Post
    Minor point. Prosecutors may ask for a maximum sentence, but sentencing is the judge's job, not the prosecutor's. Also, I suspect that the guilty plea was entered after negotiation regarding the sentence. Judges are free to reject negotiated sentences, but rarely do so.
    I am aware of this.

    The prosecutor does convey the opinions of the people regarding feedback on such.
    Current Rides, Look 566 & d' Arienzo-Basso Daily Rides. Cannondale 800 Optimo, utility bike.

  2. #27
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    Quote Originally Posted by BuffaloBud View Post
    My question is when is daddy going to get his for cutting out part of the windshield and disposing of it? Who replaces part of a windshield?
    Give the prosecutor some time. Clear the daughter's case first. Then go after the dad. Just like the Steubenville football team **** case.

    http://www.cleveland.com/steubenvill...dictments.html
    Current Rides, Look 566 & d' Arienzo-Basso Daily Rides. Cannondale 800 Optimo, utility bike.

  3. #28
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    Quote Originally Posted by FBinNY View Post
    Unless the murder statutes on Ohio are very different from those in new York, this is the highest charge possible. To charge or prove Murder there would have to be clear intent to do so. I doubt he could prove she had a grudge against her victim, or was just out hunting by car, so There's no intent as defined by the law.

    Under the law, this crime is comparable with discharging a firearm randomely in a crowded area and killing someone or manslaughter, not murder.
    I am supporting the charge of VOLUNTARY manslaughter, as opposed to the INVOLUNTARY manslaughter charge leveled. She wasn't just careless, she displayed glaring recklessness in both failing to wear her corrective lenses and being intoxicated with substances that she knew or should have known that when they are in her system she is not fit to drive.

  4. #29
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    Quote Originally Posted by B. Carfree View Post
    I am supporting the charge of VOLUNTARY manslaughter, as opposed to the INVOLUNTARY manslaughter charge leveled. She wasn't just careless, she displayed glaring recklessness in both failing to wear her corrective lenses and being intoxicated with substances that she knew or should have known that when they are in her system she is not fit to drive.
    So how will this prevent someone else from making the same poor judgement?

    This is another symptom of a much larger societal problem.

    She is not alone in making those mistakes, I bet millions of others exhibit the same behavior on a daily basis.

    Why was she on that medication in the first place would be my first question?

    That medication seems to be the root cause of impairment, as well as a lack of knowledge and perhaps a lack of concern for other road users that might be affected by her impairment.

  5. #30
    Senior Member rydabent's Avatar
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    Killing someone with a car is just as bad as killing someone with a *** or a knife. In addition she wasnt wearing glasses and may have been under the influence of drugs. That makes it worse. She should get the max possible.

    Also the father should be tried with tampering with evidence!

  6. #31
    for dynamic hybrid logics prooftheory's Avatar
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    Quote Originally Posted by SHBR View Post
    So how will this prevent someone else from making the same poor judgement?

    This is another symptom of a much larger societal problem.

    She is not alone in making those mistakes, I bet millions of others exhibit the same behavior on a daily basis.

    Why was she on that medication in the first place would be my first question?

    That medication seems to be the root cause of impairment, as well as a lack of knowledge and perhaps a lack of concern for other road users that might be affected by her impairment.
    +1

    The woman is suffering from diabetic neuropathy which pretty much means she is in pain all the time. People in this situation frequently commit suicide. The cocktail of drugs she is taking is so that she can get on with her life. What needs to happen is that doctors, pharmacists and other medical professionals need to be more clear that driving under these circumstances is not permitted or legal. Additionally there needs to be better health care infrastructure for allowing people to get on with their lives when they are not medically capable of driving. If people don't feel like they have any choice but to drive they will continue to drive even if it is illegal or dangerous.

  7. #32
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    Quote Originally Posted by B. Carfree View Post
    I've got to disagree with the prosecutor giving her involuntary manslaughter. She was stoned on meds that advise against driving. She was willfully not wearing her glasses that are required when she drives. That kind of reckless disregard for human life should warrant the maximum charges and sentence. I hope the judge at least considers what a bag of dirt she is when he sentences her, hopefully to consecutive maximums.
    Agreed--there should be a charge that implies intent to kill. Drivers get off much too easily on this stuff. We also need, as a country, to spend money on mass transit as lavishly as we're willing to spend it on war--no person who is clearly, truly incompetent to drive, should feel like the "have to" drive. The alternatives should be too available, frequent, easy to use, and inexpensive to ignore.

  8. #33
    Senior Member
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    Finally senteced

    Two Links below...

    Bottom line 4.5 year sentence.

    Local paper,

    http://www.dispatch.com/content/stor...-sentence.html

    Steve Magas, bike lawyer...

    https://www.facebook.com/permalink.p...16310091736573
    Current Rides, Look 566 & d' Arienzo-Basso Daily Rides. Cannondale 800 Optimo, utility bike.

  9. #34
    Mister Bleak! mconlonx's Avatar
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    Have warnings on prescription drugs, perception of the danger of prescription pharmaceuticals, and liability regarding prescription pharmaceuticals been relaxed in the past few decades...?

    Is this case a cause or a symptom? Should liability for this death end with father and daughter?
    Quote Originally Posted by Nicodemus regarding mconlonx View Post
    You, I don't generally think of you as clueless. You're kind of ok.
    I know next to nothing. I am frequently wrong.

  10. #35
    Senior Member
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    Ridiculous letter to the editor..

    From Columbus Dispatch letter to the editor,

    http://www.dispatch.com/content/stor...ar8ji8-20.html

    Unbelievable!
    Current Rides, Look 566 & d' Arienzo-Basso Daily Rides. Cannondale 800 Optimo, utility bike.

  11. #36
    Mister Bleak! mconlonx's Avatar
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    Manslaughter, huh? So I guess it wasn't murder after all...
    Quote Originally Posted by Nicodemus regarding mconlonx View Post
    You, I don't generally think of you as clueless. You're kind of ok.
    I know next to nothing. I am frequently wrong.

  12. #37
    genec genec's Avatar
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    Quote Originally Posted by look566 rider View Post
    From Columbus Dispatch letter to the editor,

    http://www.dispatch.com/content/stor...ar8ji8-20.html

    Unbelievable!
    The comments pretty much tell the writer off. You have to admit it was a pretty brainless letter.

  13. #38
    Senior Member
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    too many bikes from 1967 10s (5x2)Frejus to a Sumitomo Ti/Chorus aluminum 10s (10x2), plus one non-susp mtn bike I use as my commuter
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    Quote Originally Posted by mconlonx View Post
    Manslaughter, huh? So I guess it wasn't murder after all...
    I'm sure definitions vary by state, but murder usually implies intent to kill, whereas manslaughter is killing someone without actually intending to, for example through criminal negligence.
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    An ounce of diagnosis is worth a pound of cure.

    “Never argue with an idiot. He will only bring you down to his level and beat you with experience.”, George Carlin

    “One accurate measurement is worth a thousand expert opinions” - Adm Grace Murray Hopper - USN

    WARNING, I'm from New York. Thin skinned people should maintain safe distance.

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