Update on Mandeville Canyon Road Rage case
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Update on Mandeville Canyon Road Rage case
I'm pretty disappointed they didnt try to get him for attempted manslaughter.
https://abclocal.go.com/kabc/story?se...ext%23bodyText
https://abclocal.go.com/kabc/story?se...ext%23bodyText
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Hello,
My wife is a criminal defense attorney and she thinks that Dr. Thompson has been UNDER charged in this case. My wife also said that cyclists need to turn out in increasing numbers for EVERY court proceeding and that we should talk to the press freely. I will go as much as possible myself.
Dr. Thompson's next court appearance will be his arraignment which is scheduled for Sep 12th at LAX Superior Court.
My criminal defense attorney wife says that this guy needs PRISON TIME -- PERIOD!
My wife is a criminal defense attorney and she thinks that Dr. Thompson has been UNDER charged in this case. My wife also said that cyclists need to turn out in increasing numbers for EVERY court proceeding and that we should talk to the press freely. I will go as much as possible myself.
Dr. Thompson's next court appearance will be his arraignment which is scheduled for Sep 12th at LAX Superior Court.
My criminal defense attorney wife says that this guy needs PRISON TIME -- PERIOD!
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Last edited by Cleave; 08-02-08 at 02:25 PM.
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I agree, I will attend whichever court proceedings I can make. We need to get this rage filled ******* off the street before he strikes again.
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How about a sniper?
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By definition, one cannot "attempt" manslaughter, because manslaughter does not require specific intent, or a premeditative state of mind for its commission. Manslaughter is the result of a grossly negligent circumstance, or committed in a "heat of passion" situation. If either of the individuals had died as a result of the drivers actions, there would be a possible charge for manslaughter, but it would be a contradiction for one to "intend" to be grossly negligent or enraged.
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By definition, one cannot "attempt" manslaughter, because manslaughter does not require specific intent, or a premeditative state of mind for its commission. Manslaughter is the result of a grossly negligent circumstance, or committed in a "heat of passion" situation. If either of the individuals had died as a result of the drivers actions, there would be a possible charge for manslaughter, but it would be a contradiction for one to "intend" to be grossly negligent or enraged.
The mens rea (Latin for the "guilty mind") for murder includes an intention to kill or cause grievous bodily harm where there is a high probability of death resulting, whereas attempted murder depends on an intention to kill, and an overt act towards the homicide. Attempted murder is only the planning of a murder and acts taken towards it, not the actual killing, which is the murder.
I hope the judge sees that if they simply rule this as a battery charge with serious bodily injury, it's a slippery slope to making it a less serious charge if you simply cause people bodily harm with your vehicle.
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No doubt overt acts are an indication of intent. But do you seriously believe the driver "intended to kill" these two cyclists?? There certainly is the appearance of intentional disregard for life likely to cause serious bodily injury, but trying to prove, from an evidnetiary standpoint, that the driver intended, that is had the requisite state of mind, to kill the cyclists would be an extremely difficult task.
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No doubt overt acts are an indication of intent. But do you seriously believe the driver "intended to kill" these two cyclists?? There certainly is the appearance of intentional disregard for life likely to cause serious bodily injury, but trying to prove, from an evidnetiary standpoint, that the driver intended, that is had the requisite state of mind, to kill the cyclists would be an extremely difficult task.
What I mean is that Imagine you are in Dr. Thompson's place... you are driving a large and heavy sedan down a steeply graded hill. You pull up to a pair of bikers and they tick you off for some reason... so you decide to cut them off and slam on your brakes. What is the outcome that a reasonable person would expect? You have two bikers cruising down a hill at a brisk 35-40mph and a huge hunk of metal cuts them off and comes to a full stop. Anyone will tell you that a car can stop MUCH faster than a bike can stop, factor in the response time for the bikers and you have a hairy situation. Two lightweight bikers hit this static hunk of metal at approximately 40mph, for sure they will suffer serious bodily injury but given the physics of the situation and the fragility of the human body it is quite reasonable to assume that death could result on impact or from the extent of the bodily injury.
See what I mean?
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I'm well aware of what you mean, and I'm not attempting to in anyway detract from the seriousness of the situation. But please realize that the judge, prosecuter, and defense attorney are all experienced professionals, and recognize the practical aspects of trying to apply the academic theory to the situation. Now that you are knowledgeable about mens rea, I'm sure you have a better understanding of the situation as well.
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This was on the front page of the LA times web site this morning.
https://www.latimes.com/news/local/la...0,147065.story
https://www.latimes.com/news/local/la...0,147065.story
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Thanks for the update.
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So he's out on bail? I assume he's still living on Mandeville Canyon and probably still driving through there? Just knowing that he's still out there scares me going up there.
I might head out to the court then. Someone that pulled a stunt like this should not get off easy.
Anyone have a schedule for the court dates?
I might head out to the court then. Someone that pulled a stunt like this should not get off easy.
Anyone have a schedule for the court dates?
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This was on the front page of the LA times web site this morning.
https://www.latimes.com/news/local/la...0,147065.story
https://www.latimes.com/news/local/la...0,147065.story
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I'm with you.
how can there be "another side to this story".
There is no excuse for endangering the lives of people. None.
I just hope they have a civil suit and bankrupt the D*ckwad....
how can there be "another side to this story".
There is no excuse for endangering the lives of people. None.
I just hope they have a civil suit and bankrupt the D*ckwad....
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Hi,
If anyone is interested in going to his next trial date let me know. My wife should be able to find out the next date.
If anyone is interested in going to his next trial date let me know. My wife should be able to find out the next date.
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Thanks.
Cleave
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Visit my blog at https://cleavesblant.wordpress.com/
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Anyone up for showing up in gear?
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I hope the guy pays with a big fat jail sentence, but no matter what happens this is evidence of how a bad situation can escalate quickly. I've had run-ins with drivers where a driver escalated a situation that wasn't a big deal, and I've also been the one who escalated the situation. Cooler heads usually prevail, and hopefully go uninjured to ride another day. Be safe out there guys.
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If an adult is arrested for allegedly committing a sex act with a minor or attempting too then that person, even while awaiting trial, is almost always prohibited frm any contact with minors. I wonder if this doctor has been prohibited from driving his car while the trial takes place.
I hope this guy does jail time but my guess is in LA county he wont serve more than 30 days.
I hope this guy does jail time but my guess is in LA county he wont serve more than 30 days.
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If an adult is arrested for allegedly committing a sex act with a minor or attempting too then that person, even while awaiting trial, is almost always prohibited frm any contact with minors. I wonder if this doctor has been prohibited from driving his car while the trial takes place.
I hope this guy does jail time but my guess is in LA county he wont serve more than 30 days.
I hope this guy does jail time but my guess is in LA county he wont serve more than 30 days.