Sad - Cyclist killed as driver left the scene, but took the cyclist with him...
06-07-06, 06:53 PM
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Sad - Cyclist killed as driver left the scene, but took the cyclist with him...
https://chronicle.augusta.com/stories...iltyPlea.shtml
Really sad. To top it off he was only fined $300, on top of the 25 year sentence.
Really sad. To top it off he was only fined $300, on top of the 25 year sentence.
06-07-06, 07:00 PM
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Problem is they should have charged him with felony murder! Anytime a felony is committed that results in the death of someone in NC they can be charged with this which is a severe punishment. However, 25 years is a long time without parole under most states structured sentencing given the charges as it stands. Don't get me wrong, I think he needs life for what he did. But laws can't be invented at the time of court but must be pre-existing at the time of the trial. Can't give him a death sentence due to no pre-meditation. However, one would argue the pre-meditation should be their drinking voluntarily and then deciding to drive!
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06-07-06, 08:12 PM
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In this case that would be bootstrapping and it's unlikely any jurisdiction would allow that.
06-08-06, 04:44 AM
#4
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Originally Posted by msheron
Problem is they should have charged him with felony murder! Anytime a felony is committed that results in the death of someone in NC they can be charged with this which is a severe punishment. However, 25 years is a long time without parole under most states structured sentencing given the charges as it stands. Don't get me wrong, I think he needs life for what he did. But laws can't be invented at the time of court but must be pre-existing at the time of the trial. Can't give him a death sentence due to no pre-meditation. However, one would argue the pre-meditation should be their drinking voluntarily and then deciding to drive!
https://www.wbtv.com/news/topstories/2917366.html
06-08-06, 02:21 PM
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Originally Posted by msheron
Problem is they should have charged him with felony murder! Anytime a felony is committed that results in the death of someone in NC they can be charged with this which is a severe punishment. However, 25 years is a long time without parole under most states structured sentencing given the charges as it stands. Don't get me wrong, I think he needs life for what he did. But laws can't be invented at the time of court but must be pre-existing at the time of the trial. Can't give him a death sentence due to no pre-meditation. However, one would argue the pre-meditation should be their drinking voluntarily and then deciding to drive!
And the drinking as premediation argument has been routinely rejected.
