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Arrogant Dr.'s Trial Finally Begins

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Arrogant Dr.'s Trial Finally Begins

Old 11-03-09, 01:43 AM
  #326  
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Originally Posted by zac View Post
I am assuming you mean what precedent this will have on any other California court cases not related to this one? None. This is a trial level court, not an appellate court. This verdict has no precedential effect.

As to how this will affect any future civil proceeding, that depends. The convictions will certainly aid the cyclists in proving causation and damages, as generally convictions of crimes are usable in related civil matters. That being said, I am not sure how California law handles this, nor am I sure whether or not the defendant would be estopped from raising any new defenses or re-litigating any previous issues (as he has no obligation in the criminal trial to defend himself).

Lastly, now this can be somewhat a double edged sword. The criminal convictions establish that the ∆ acted intentionally and willfully. Because of this, it can be grounds for his auto and umbrella (if he has one) insurers to deny coverage. This means he is paying his own freight both for a civil defense attorney and for any potential damage award. I am assuming he has assets, and I am assuming they are already attached by the cyclists. Note also, that willful and malicious acts are generally not dischargeable in bankruptcy proceedings, so this is something that could economically crush him for the rest of his life.

HTH
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Yeah...that's what should happen when you try to kill people for no good reason.
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Old 11-03-09, 04:57 AM
  #327  
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Originally Posted by ggatsby View Post
yeah...that's what should happen when you try to kill people for no good reason.
+1
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Old 11-03-09, 05:04 AM
  #328  
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Originally Posted by ggatsby View Post
Yeah...that's what should happen when you try to kill people for no good reason.
I bet the crazy doctor thought he had a good reason.
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Old 11-03-09, 05:16 AM
  #329  
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Originally Posted by patentcad View Post
I bet the crazy doctor thought he had a good reason.
So what?!
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Old 11-03-09, 06:53 AM
  #330  
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I'm glad i was wrong about the outcome of the verdict. Cali has lot's of mandatory sentences it will be interesting if any of those pertain to these offenses.
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Old 11-03-09, 07:17 AM
  #331  
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The civil suit for the financial damages that the two cyclists wile file will also be interesting. Peterson now has a permanently disfigured face thanks to the "Doctor".

From the photograph in the LA Times on line article, the good doctor needs to work on his fitness. Hopefully he will develop friendships in prison that will help his fitness.
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Old 11-03-09, 07:48 AM
  #332  
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Originally Posted by ggatsby View Post
Yeah...that's what should happen when you try to kill people for no good reason.
+1. This is moving toward a very promising end in terms of delivering justice and punishment. Any ideas on when is sentencing? I'd imagine the good Dr will not just roll over and will appeal the verdict and this may not quite end here, no?
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Old 11-03-09, 07:53 AM
  #333  
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LA Times article says sentencing is on Dec 3rd. Remanded to custody till then.
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Old 11-03-09, 08:01 AM
  #334  
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Originally Posted by powpow View Post
Good. Put the idiot away for a few years so he can think about his idiocy. Maybe he'll make a few friends in jail.

A few friends... US prison system is bananas. I don't think justice is served when a person goes to prison to be raped and beaten. Surely prison is bad enough, living your life behind bars while precious time slips away.

I'm starting to feel sorry for this guy should he have to do some serious time. Incredible as I am a commuter and have had my own close shaves on the road. I definitely had no sympathy for him when I thought he'd get away with it and worse, showed no remorse or regard for his fellow man.
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Old 11-03-09, 08:04 AM
  #335  
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Originally Posted by VeeDubOne View Post
+1. This is moving toward a very promising end in terms of delivering justice and punishment. Any ideas on when is sentencing? I'd imagine the good Dr will not just roll over and will appeal the verdict and this may not quite end here, no?
He can appeal, sure. But it is somewhat of a tightrope. Let me see if I can explain, but hopefully, a California attorney can chime in.

I would expect a sentence of 2-4 years, perhaps with 1 year to serve and the balance suspended for 5-8 years or so. (There would be multiple sentences on the various convictions, with the above being the most serious. They most likely will all run concurrently).

Pending appeal, Thompson would remain incarcerated and serving his sentence. This is the presumption. There has to be very unusual compelling reason(s) to remain free pending your appeal, primarily a substantial likelihood of reversal on appeal. But even then...

Now here's the kicker for Thompson, in all likelihood he will finish the incarceration portion of his sentence before his appeal is even heard. And this alone is not a sufficient compelling reason to stay a sentence pending appeal. Trial courts move slowly, Appellate Courts move glacially! In biking terms, if Trial Courts are Cat 1, then Appellate Courts are Cat 5. Now potentially even finishing his entire sentence before the appeal is decided would not necessarily render it moot either.

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Old 11-03-09, 08:06 AM
  #336  
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A "time served" sentence in December? Nah, that couldn't happen. I thought the maximum 10 years was rather lenient, considering the multiple victims involved. So whatever he gets will just seem even more lenient to me. It would be sweet if after sentencing, the prosecuter goes after him for the earlier incident and can tack on a bit more time.
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Old 11-03-09, 08:23 AM
  #337  
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I know that MANY of you will disagree here but I don't think that incarceration is the BEST way to go....

Just some thoughts to chew on...this guy probably has never been convicted of anything else, where MANY others in Cali (and across the country) have been convicted of multiple violent/sexual crimes time and time again that are released every day secondary to "jail crowding".

If he is incarcerated for 2 years:
1) We pay for his food/shelter/rehab/healthcare/meds/education etc.
2) To make room we release most likely a repeat violent/sexual offender
3) Loss of a huge government income in his tax bracket (probably >$200,000/year in taxes)= $400,000+ down the drain in addition to #1
4) Realistically we are not going to really CHANGE his behavior (I don't think he is ever going to do this again, it has already changed)---isn't this what jail is mainly for???
5) Take a working MD off the grid....for better IMHO, but still we as a society are very very low.
6) When he is released, he will no longer have a job and most likely become a partial ward of the state (i.e. medicare/medicaid, food stamps, etc)...this is under the assumption that the civil case will win....more money down the social services hole...

In the above scenario WE (the greater public), may have actually harmed society more than helped (both in terms of economics as well as criminal risks, for very little to no benefit.

My thoughts in cases like this....
1) Make the defendant pay the state for court costs as well as the jury pool for duty.
2) Make the defendant work at the local clinic for the sentence year=year (i.e. 1 year sentence=365 days of 9hr clinic (for underserved, illegal, etc).
3) Obviously the civil case can go forth.

I know that this doesn't seem like a fair analysis, but at the same time, I'm not sure that incarceration is the ONLY, nor the best idea in this case....(no I'm not a democrat, nor liberal).

I think that the same applies for stupid celebrities that get DUI's etc. Its a slippery slope of "if your rich enough law doesn't apply"...but lets be honest, I would rather have Paris Hilton pay the system a $4million fine, save the jail bed space, government pay for food etc, and use the $ for other purposes (rehab, education, a new jail), than have her sit in a cell 24/7 x 90 days.

Last edited by TysonCook; 11-03-09 at 08:26 AM.
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Old 11-03-09, 08:34 AM
  #338  
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Originally Posted by rpeterson View Post
Mayhem is intentionally causing gross harm, violently rendering the person useless. Basically the same as aggravated assault most places.
The additional element is that Mayhem requires permanent disfigurement or crippling. The damage to the cyclist's face, caused by an intentional assault, satisfied the disfigurement element of Mayhem.


You can commit aggravated assault by attempting to cause serious bodily injury, without actually causing permanent disfigurement, or a permanent debilitating injury.
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Old 11-03-09, 08:39 AM
  #339  
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Originally Posted by RichinPeoria View Post
Dr D-Bag says "You are all subhuman garbage. What are you doing on MY road and how dare you make me have to slow down or change lanes. I AM A DOCTOR and I LIVE IN CALIFORNIA. I am a god on this earth"

meh...and then some bf'ers get pissed off when I talk about carrying my gun. This was attempted murder. If that was me I would have blown a hole in this guys head as he was standing over my broken body yelling at me. Problem solved.
Originally Posted by scr660 View Post
Are you serious?
No, I should be aiming for the center of the chest.

Originally Posted by DiabloScott View Post
He was convicted of the following:
2 counts of Assault with a Deadly Weapon (245a)
2 counts of Battery with Serious Bodily Injury (243d) reckless driving (23103a) Reckless driving causing specified injury (23105a)
Mayhem (203)

The first five charges are felonies, the judge would not release him on bail so he goes to jail for the moment.


I just want to see him in a poopie-suit and shackles at the sentencing. Haven't seen any photos at all yet.
Too bad one of the cyclist didnt shoot him dead after his "assault with a deadly weapon".

I think when a dog causes injury to a cyclist or whom ever the owners should be charged like this as well.
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Old 11-03-09, 08:45 AM
  #340  
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I'm shocked (and happy) that he's in jail. I was one that was saying he'd never do any time.
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Old 11-03-09, 08:53 AM
  #341  
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[QUOTE=TysonCook;9974112]I know that MANY of you will disagree here but I don't think that incarceration is the BEST way to go....





Correct.

Why, because the Doctor will now have to keep the vaseline close by for personal reasons..
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Old 11-03-09, 08:58 AM
  #342  
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As much as I hate to see him walking the streets, I agree that the better sentence would be medically serving the poor, in a "neighborhood clinic" for 10-12 hour days, 6 days a week. For the maximum number of years he could possibly serve. Proof needed of time served. 12 days "Maximum" time off for vacation. Payment to be "zero."

Plus, reimbursement for all expenses of the state.

Permanent loss of driving priveleges, and no time off for good behavior.
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Old 11-03-09, 09:42 AM
  #343  
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Originally Posted by Wanderer View Post
As much as I hate to see him walking the streets, I agree that the better sentence would be medically serving the poor, in a "neighborhood clinic" for 10-12 hour days, 6 days a week. For the maximum number of years he could possibly serve.
Your idea of punishment is to force him to do what he trained most of his life for, is passionate about and very likely enjoys? Doesn't sound like much of a deterrent. It doesn't sound like the good Doctor is poor and has likely accumulated a fair degree of wealth so even if you made him pay .5 to 1M it wouldn't really have any impact on his lifestyle.
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Old 11-03-09, 09:43 AM
  #344  
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The flaws in this guys judgement IMHO preclude him from practicing medicine.
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Old 11-03-09, 09:45 AM
  #345  
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Originally Posted by TysonCook View Post
I know that MANY of you will disagree here but I don't think that incarceration is the BEST way to go....

Just some thoughts to chew on...this guy probably has never been convicted of anything else, where MANY others in Cali (and across the country) have been convicted of multiple violent/sexual crimes time and time again that are released every day secondary to "jail crowding".

If he is incarcerated for 2 years:
1) We pay for his food/shelter/rehab/healthcare/meds/education etc.
2) To make room we release most likely a repeat violent/sexual offender
3) Loss of a huge government income in his tax bracket (probably >$200,000/year in taxes)= $400,000+ down the drain in addition to #1
4) Realistically we are not going to really CHANGE his behavior (I don't think he is ever going to do this again, it has already changed)---isn't this what jail is mainly for???
5) Take a working MD off the grid....for better IMHO, but still we as a society are very very low.
6) When he is released, he will no longer have a job and most likely become a partial ward of the state (i.e. medicare/medicaid, food stamps, etc)...this is under the assumption that the civil case will win....more money down the social services hole...

In the above scenario WE (the greater public), may have actually harmed society more than helped (both in terms of economics as well as criminal risks, for very little to no benefit.

My thoughts in cases like this....
1) Make the defendant pay the state for court costs as well as the jury pool for duty.
2) Make the defendant work at the local clinic for the sentence year=year (i.e. 1 year sentence=365 days of 9hr clinic (for underserved, illegal, etc).
3) Obviously the civil case can go forth.

I know that this doesn't seem like a fair analysis, but at the same time, I'm not sure that incarceration is the ONLY, nor the best idea in this case....(no I'm not a democrat, nor liberal).

I think that the same applies for stupid celebrities that get DUI's etc. Its a slippery slope of "if your rich enough law doesn't apply"...but lets be honest, I would rather have Paris Hilton pay the system a $4million fine, save the jail bed space, government pay for food etc, and use the $ for other purposes (rehab, education, a new jail), than have her sit in a cell 24/7 x 90 days.
It's not always about money though in this Country it may appear that way. We should always strive to make the ethically correct choice rather than let economics decide what is right.

BTW, he will lose his medical license as a convicted felon. He will not be able to practice.
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Old 11-03-09, 09:58 AM
  #346  
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Originally Posted by RichinPeoria View Post
I think when a dog causes injury to a cyclist or whom ever the owners should be charged like this as well.
If the owner actually commands the dog to chase/attack, they can be charged like that (at least something similar). The key is intent.
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Old 11-03-09, 10:49 AM
  #347  
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TysonCook- One very important aspect you are missing: Setting an example.

I think your heart is in the right place, but my guess would be that you have never spent any significant time in jail or prison. This man needs to do his time...none of the other things you listed will have nearly the impact that being locked up will. I'm not talking about the prison **** that everyone thinks happens, just the loss of his freedom, especially to a man who has had the opportunity to live a "well funded" life.
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Old 11-03-09, 10:52 AM
  #348  
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Those that know me know that I am typically inclined to meet out less harsh sentences to motorists that unintentionally cause harm to others, including cyclists. I see no good reason to punish people who didn't intend to do harm.

For me, Dr. Thompson does not fall into that category. His conduct was intentional. It was repetitive. It was unrepentant. He had plenty of time after each incident to take stock of himself and change. He didn't.

He didn't get it when he committed assault the first time. He didn't get it when he committed assault the second time, even after a warning. He didn't get it when he committed assault the third time, and actually injured the cyclists. Look at his conduct at the scene ... anyone with a modicum of a conscience would have realized they had gone too far at that point, no? Not him. And then, the final straw ... his conduct in court. Everyone else is lying but him. He still didn't get it.

No, as far as I am concerned, he goes to jail. And for long enough for him to realize that he is not above the law, and to make an example out of him.

What would I make a condition of his parole? It is not enough to have him simply volunteer his medical services to the poor. That has no nexus whatsoever to the crime he committed, and permits him to go on thinking himself above others, on the roads if nowhere else.

I would sentence him to spending one day, every weekend for at least a year, going to driver training classes and giving a minimum 15 minute lecture telling the attendees what he did, how it hurt other people, and why it was wrong. Not only would it give him a much needed lesson in humility and a chance for personal attonement ... it might also deter others from following his bad example.
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Old 11-03-09, 10:52 AM
  #349  
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Originally Posted by TysonCook View Post
I know that MANY of you will disagree here but I don't think that incarceration is the BEST way to go....

Just some thoughts to chew on...this guy probably has never been convicted of anything else, where MANY others in Cali (and across the country) have been convicted of multiple violent/sexual crimes time and time again that are released every day secondary to "jail crowding".

If he is incarcerated for 2 years:
1) We pay for his food/shelter/rehab/healthcare/meds/education etc.
2) To make room we release most likely a repeat violent/sexual offender
3) Loss of a huge government income in his tax bracket (probably >$200,000/year in taxes)= $400,000+ down the drain in addition to #1
4) Realistically we are not going to really CHANGE his behavior (I don't think he is ever going to do this again, it has already changed)---isn't this what jail is mainly for???
5) Take a working MD off the grid....for better IMHO, but still we as a society are very very low.
6) When he is released, he will no longer have a job and most likely become a partial ward of the state (i.e. medicare/medicaid, food stamps, etc)...this is under the assumption that the civil case will win....more money down the social services hole...

In the above scenario WE (the greater public), may have actually harmed society more than helped (both in terms of economics as well as criminal risks, for very little to no benefit.

My thoughts in cases like this....
1) Make the defendant pay the state for court costs as well as the jury pool for duty.
2) Make the defendant work at the local clinic for the sentence year=year (i.e. 1 year sentence=365 days of 9hr clinic (for underserved, illegal, etc).
3) Obviously the civil case can go forth.

I know that this doesn't seem like a fair analysis, but at the same time, I'm not sure that incarceration is the ONLY, nor the best idea in this case....(no I'm not a democrat, nor liberal).

I think that the same applies for stupid celebrities that get DUI's etc. Its a slippery slope of "if your rich enough law doesn't apply"...but lets be honest, I would rather have Paris Hilton pay the system a $4million fine, save the jail bed space, government pay for food etc, and use the $ for other purposes (rehab, education, a new jail), than have her sit in a cell 24/7 x 90 days.
I'm ok with paying part of his prison vacation bill.
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Old 11-03-09, 10:57 AM
  #350  
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Originally Posted by 333foto View Post
I'm ok with paying part of his prison vacation bill.
I think prisons should be run like their own little cities. You work or you don't eat. Otherwise, it's exactly what was said above: a vacation.
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