| Posted By |
Message |
| Pages: 1 2 [3] 4 |
aliwnec10
mom of 3 boys
Member since 4/06 11426 total posts
Name:
Ali
|
Re: WARNING: Touchy subject inside...
oooh HARD QUESTION! 
 Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision. 
***ETA: i made the mistake of posting before i read the whole post and to be honest... i didn't know the whole situation.
Having 14 drinks, being a repeat offender and being as reckless as he was... NO i don't think that was enough time to serve. He should have gotten more! If it was his first offense... that might be different.
Message edited 3/1/2007 1:46:18 PM.
|
Posted 3/1/07 1:43 PM  |
| |
|
2PreciousBlessings
The Perfect Pair
Member since 5/06 19861 total posts
Name:
Best Wife & Mommy
|
Re: WARNING: Touchy subject inside...
Posted by aliwnec10
oooh HARD QUESTION!
Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision.
IMO, I think getting drunk and getting behind the wheels is stupid. So, yes, it is like he purposely killed someone.JMO
Message edited 3/1/2007 1:46:00 PM.
|
| Posted 3/1/07 1:45 PM |
| |
|
aliwnec10
mom of 3 boys
Member since 4/06 11426 total posts
Name:
Ali
|
Re: WARNING: Touchy subject inside...
Posted by BellaPaige
Posted by aliwnec10
oooh HARD QUESTION!
Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision.
IMO, I think getting drunk and getting behind the wheels is stupid. So, yes, it is like he purposely killed someone.JMO
There is a huge difference between premeditated manslaughter and this.
|
| Posted 3/1/07 1:48 PM |
| |
|
2PreciousBlessings
The Perfect Pair
Member since 5/06 19861 total posts
Name:
Best Wife & Mommy
|
Re: WARNING: Touchy subject inside...
Posted by aliwnec10
Posted by BellaPaige
Posted by aliwnec10
oooh HARD QUESTION!
Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision.
IMO, I think getting drunk and getting behind the wheels is stupid. So, yes, it is like he purposely killed someone.JMO
There is a huge difference between premeditated manslaughter and this.
What is the difference? I really don't see it when people knows that getting drunk and getting behind the wheel can result in death. It is not the first time he gets behind the wheels drunk. Obviously he does not have any regards for people's lives.
|
| Posted 3/1/07 1:51 PM |
| |
|
aliwnec10
mom of 3 boys
Member since 4/06 11426 total posts
Name:
Ali
|
Re: WARNING: Touchy subject inside...
Posted by BellaPaige
Posted by aliwnec10
Posted by BellaPaige
Posted by aliwnec10
oooh HARD QUESTION!
Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision.
IMO, I think getting drunk and getting behind the wheels is stupid. So, yes, it is like he purposely killed someone.JMO
There is a huge difference between premeditated manslaughter and this.
What is the difference? I really don't see it when people knows that getting drunk and getting behind the wheel can result in death. It is not the first time he gets behind the wheels drunk. Obviously he does not have any regards for people's lives.
yes but if you read my post above that i edited, i said that i didn't know the whole situation. I haven't really been following the story and the initial poster didn't post the details. So i was simply answering the question based on just that information.
|
| Posted 3/1/07 1:53 PM |
| |
|
MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
|
Re: WARNING: Touchy subject inside...
Posted by BellaPaige
Posted by aliwnec10
oooh HARD QUESTION!
Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision.
IMO, I think getting drunk and getting behind the wheels is stupid. So, yes, it is like he purposely killed someone.JMO
I have to agree here. It is negligence plain and simple. He had to know that having 14 drinks would seriously impare his ability to drive. Once getting in the car he should have realized he was not able to drive properly. At which point he had a choice to make - he could have gotten out of the car & called a cab or pulled over & slept it off.
Sorry but this is gross negligence IMO, and not that far off from pre-meditation since there were MANY times when he could have changed the behaviour that led to the accident.
|
| Posted 3/1/07 1:55 PM |
| |
|
aliwnec10
mom of 3 boys
Member since 4/06 11426 total posts
Name:
Ali
|
Re: WARNING: Touchy subject inside...
Posted by MsMBV
Posted by BellaPaige
Posted by aliwnec10
oooh HARD QUESTION!
Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision.
IMO, I think getting drunk and getting behind the wheels is stupid. So, yes, it is like he purposely killed someone.JMO
I have to agree here. It is negligence plain and simple. He had to know that having 14 drinks would seriously impare his ability to drive. Once getting in the car he should have realized he was not able to drive properly. At which point he had a choice to make - he could have gotten out of the car & called a cab or pulled over & slept it off.
Sorry but this is gross negligence IMO, and not that far off from pre-meditation since there were MANY times when he could have changed the behaviour that led to the accident.
please read my edited post above...
|
| Posted 3/1/07 1:56 PM |
| |
|
2PreciousBlessings
The Perfect Pair
Member since 5/06 19861 total posts
Name:
Best Wife & Mommy
|
Re: WARNING: Touchy subject inside...
Posted by aliwnec10
Posted by BellaPaige
Posted by aliwnec10
Posted by BellaPaige
Posted by aliwnec10
oooh HARD QUESTION!
Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision.
IMO, I think getting drunk and getting behind the wheels is stupid. So, yes, it is like he purposely killed someone.JMO
There is a huge difference between premeditated manslaughter and this.
What is the difference? I really don't see it when people knows that getting drunk and getting behind the wheel can result in death. It is not the first time he gets behind the wheels drunk. Obviously he does not have any regards for people's lives.
yes but if you read my post above that i edited, i said that i didn't know the whole situation. I haven't really been following the story and the initial poster didn't post the details. So i was simply answering the question based on just that information.
I just read your edited post.
|
| Posted 3/1/07 1:57 PM |
| |
|
MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
|
Re: WARNING: Touchy subject inside...
Posted by aliwnec10
Posted by MsMBV
Posted by BellaPaige
Posted by aliwnec10
oooh HARD QUESTION!
Tough situation. Yes killing someone is something not to be taken lightly. However, everyone makes mistakes.
I think that maybe that was a harsh sentence. Yes he made a mistake and yes he killed someone. But why should he get the same sentence as if he purposely killed someone? I don't necessarily think that i agree with that decision.
IMO, I think getting drunk and getting behind the wheels is stupid. So, yes, it is like he purposely killed someone.JMO
I have to agree here. It is negligence plain and simple. He had to know that having 14 drinks would seriously impare his ability to drive. Once getting in the car he should have realized he was not able to drive properly. At which point he had a choice to make - he could have gotten out of the car & called a cab or pulled over & slept it off.
Sorry but this is gross negligence IMO, and not that far off from pre-meditation since there were MANY times when he could have changed the behaviour that led to the accident.
please read my edited post above...
Sorry we psoted at the same time I think.
|
| Posted 3/1/07 1:59 PM |
| |
|
MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
|
Re: WARNING: Touchy subject inside...
Posted by Janice
can I ask an honest to God question?
If this guy was on trial for murder, how come DUI's aren't called attempted murder? Does anyone know the legal reasoning for it?
The whole case makes me ill. To think what that family has gone through
It's extremely rare for drunk drivers to be charged (and convicted) of murder. To be guilty of murder, one must have mens rea (a guilty mind). Basically, there must be some type of intent to harm/kill someone, or the person must act with reckless disregard for human life. People who are drunk are typically considered to have a diminished capacity, and do not meet the level of "guilty mind" required for murder (the same is true for those with mental illness). From a legal standpoint, this was definitely a controversial case. As horrible as his actions were, I'm not sure they rose to the legal definition of murder.
The real problem is that the setencing guidelines for drunk driving, especially when it results in injury or death, are too light. Instead of arguing of whether this man and other drunk drivers should be charged with murder, the states should enact harsher penalties for drunk driving.
|
| Posted 3/1/07 2:00 PM |
| |
|
MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
|
Re: WARNING: Touchy subject inside...
Posted by MrsS2005
Posted by Janice
can I ask an honest to God question?
If this guy was on trial for murder, how come DUI's aren't called attempted murder? Does anyone know the legal reasoning for it?
The whole case makes me ill. To think what that family has gone through
It's extremely rare for drunk drivers to be charged (and convicted) of murder. To be guilty of murder, one must have mens rea (a guilty mind). Basically, there must be some type of intent to harm/kill someone, or the person must act with reckless disregard for human life. People who are drunk are typically considered to have a diminished capacity, and do not meet the level of "guilty mind" required for murder (the same is true for those with mental illness). From a legal standpoint, this was definitely a controversial case. As horrible as his actions were, I'm not sure they rose to the legal definition of murder.
The real problem is that the setencing guidelines for drunk driving, especially when it results in injury or death, are too light. Instead of arguing of whether this man and other drunk drivers should be charged with murder, the states should enact harsher penalties for drunk driving.
ITA, but in order to have harsher sentencing doesn't:
a) a precedent have to be set (which I think this would qualify
b) a perception of it being a more heinous act?
And I am asking this in earnest, b/c I cannot figure for the life of me how it is already not this way.
|
| Posted 3/1/07 2:15 PM |
| |
|
pinkandblue
Our family is complete, maybe
Member since 9/05 32436 total posts
Name:
Stephanie
|
Re: WARNING: Touchy subject inside...
Posted by JennCo
Posted by stephanief
Posted by JennCo
Posted by Marybeth222
Posted by Emily
I think it was a fair sentence. He had a clean record and made one he-double hockey sticks of a mistake. The family will never get their child back and his family is losing a son for at least 12 years (when he goes up for parole).
I am not sure this was the guys first offense.
I have to say the fact that this convicts family is "losing a son for at least 12 yrs" doesn't phase me at all! 
I disagree. His family did nothing wrong and they are suffering as well. I think it was horrible what happened to ALL of the families involved....
I think he should have gotten more time but I CAN symphatize with his family
My point is that his family can go to prison and see him - the poor and innocent families of the victims need to go to a cemetery - there's a big difference there!
I agree, I just think that his family is suffering as well, a differnt kind of suffering, but still suffering.
|
| Posted 3/1/07 2:24 PM |
| |
|
june262004
But I love the Snow!
Member since 5/05 15379 total posts
Name:
Kristin
|
Re: WARNING: Touchy subject inside...
He should goto jail for the rest of his life. BUT im glad he got something!
Like I said yesterday one of my friends was hit and killed by a drunk driver. The guy who hit him and was not legally in this country went to jail for less then a year.
|
| Posted 3/1/07 2:25 PM |
| |
|
june262004
But I love the Snow!
Member since 5/05 15379 total posts
Name:
Kristin
|
Re: WARNING: Touchy subject inside...
Posted by Emily
I think it was a fair sentence. He had a clean record and made one he-double hockey sticks of a mistake. The family will never get their child back and his family is losing a son for at least 12 years (when he goes up for parole).
WRONG
He was charged with DWI before!!!!!!!
|
| Posted 3/1/07 2:27 PM |
| |
|
DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name:
Danielle
|
Re: WARNING: Touchy subject inside...
Posted by MrsS2005
The real problem is that the setencing guidelines for drunk driving, especially when it results in injury or death, are too light. Instead of arguing of whether this man and other drunk drivers should be charged with murder, the states should enact harsher penalties for drunk driving.
THANK YOU!!!!!!!!!!!!
We can sit here and argue murder or not all day long but it doesn't make a difference- the Laws need to be harsher for drunk driving! Enough is enough-- how many people are going to get killed before we stand up???
|
| Posted 3/1/07 2:32 PM |
| |
|
DandS
We are so blessed!!
Member since 1/07 1951 total posts
Name:
Stacey
|
Re: WARNING: Touchy subject inside...
Posted by Libragal07
I think he deserved more IMO not enough time.
I totally agree!
|
| Posted 3/1/07 2:33 PM |
| |
|
Diane
Hope is Contagious....catch it
Member since 5/05 30683 total posts
Name:
D
|
Re: WARNING: Touchy subject inside...
Posted by SweetestOfPeas
I am glad he got min 18 yrs, but he should have gotten more. either way, you can't bring back the poor little girl or the man he killed I am just glad he got a LONG sentence!
agree
|
| Posted 3/1/07 2:36 PM |
| |
|
MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
|
Re: WARNING: Touchy subject inside...
Posted by MsMBV
Posted by MrsS2005
Posted by Janice
can I ask an honest to God question?
If this guy was on trial for murder, how come DUI's aren't called attempted murder? Does anyone know the legal reasoning for it?
The whole case makes me ill. To think what that family has gone through
It's extremely rare for drunk drivers to be charged (and convicted) of murder. To be guilty of murder, one must have mens rea (a guilty mind). Basically, there must be some type of intent to harm/kill someone, or the person must act with reckless disregard for human life. People who are drunk are typically considered to have a diminished capacity, and do not meet the level of "guilty mind" required for murder (the same is true for those with mental illness). From a legal standpoint, this was definitely a controversial case. As horrible as his actions were, I'm not sure they rose to the legal definition of murder.
The real problem is that the setencing guidelines for drunk driving, especially when it results in injury or death, are too light. Instead of arguing of whether this man and other drunk drivers should be charged with murder, the states should enact harsher penalties for drunk driving.
ITA, but in order to have harsher sentencing doesn't:
a) a precedent have to be set (which I think this would qualify
b) a perception of it being a more heinous act?
And I am asking this in earnest, b/c I cannot figure for the life of me how it is already not this way.
I'm not quite sure how sentencing guidelines are set. I believe each state has its own sentencing guidelines commission, but I'm not sure whether the commission is part of the legislature or judiciary. Courts can overturn the guidelines for being unconstitutional, but that's usually if the guidelines are too harsh, not too lenient.
With sentencing guidelines, a precedent doesn't need to be set to change them. Again, I'm not sure whether the legislature or the judiciary has the power to revise them. I think cases like this may help encourage changes and may persuade the legislature to act.
|
| Posted 3/1/07 2:47 PM |
| |
|
MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
|
Re: WARNING: Touchy subject inside...
Posted by MrsS2005
Posted by MsMBV
ITA, but in order to have harsher sentencing doesn't:
a) a precedent have to be set (which I think this would qualify
b) a perception of it being a more heinous act?
And I am asking this in earnest, b/c I cannot figure for the life of me how it is already not this way.
I'm not quite sure how sentencing guidelines are set. I believe each state has its own sentencing guidelines commission, but I'm not sure whether the commission is part of the legislature or judiciary. Courts can overturn the guidelines for being unconstitutional, but that's usually if the guidelines are too harsh, not too lenient.
With sentencing guidelines, a precedent doesn't need to be set to change them. Again, I'm not sure whether the legislature or the judiciary has the power to revise them. I think cases like this may help encourage changes and may persuade the legislature to act.
I see, thanks!
|
| Posted 3/1/07 2:48 PM |
| |
|
|
|
Re: WARNING: Touchy subject inside...
JMO, wasn't enough.
|
| Posted 3/1/07 4:10 PM |
| |
|
Emily
Kasey & Me! Lurves it!
Member since 7/06 8703 total posts
Name:
STBHC
|
Re: WARNING: Touchy subject inside...
Posted by Marybeth222
Posted by Emily
I think it was a fair sentence. He had a clean record and made one he-double hockey sticks of a mistake. The family will never get their child back and his family is losing a son for at least 12 years (when he goes up for parole).
I am not sure this was the guys first offense.
The news said it was.
|
| Posted 3/1/07 4:11 PM |
| |
|
SoinLove
Making big changes
Member since 5/05 16541 total posts
Name:
Kristin
|
Re: WARNING: Touchy subject inside...
Posted by Libragal07
I think he deserved more IMO not enough time.
I agree
|
| Posted 3/1/07 4:12 PM |
| |
|
whyteach
LIF Adult
Member since 8/06 2697 total posts
Name:
Christina
|
Re: WARNING: Touchy subject inside...
He should have absolutely gotten more, along with anyone else that has killed someone in a drunk driving accident. Once you get behind that wheel drunk you know you are taking the chance of killing someone. These families will never recover from this. Martin will one day get out and continue with his life. Katie and Stanley will never get that chance.
|
| Posted 3/1/07 4:23 PM |
| |
|
blonde667
LIF Toddler
Member since 5/06 426 total posts
Name:
|
Re: WARNING: Touchy subject inside...
In my opinion it wasn't enough. Besides the extreme lack in judgement, what I find most disturbing is his complete lack of respect and remorse for these two families.
I was following the trial, I remember hearing several details of how he tried to play the system.
The defense almost got the blood alcohol count thrown out b/c the vial of blood was mislabeled. The DA was granted permission to take a DNA sample from him to prove that the blood was his. They did a mouth swab, the results came back with 2 individuals DNA, his and another mans DNA (who was an inmate at the same jail). I don't know what kind of bodily fluid he had in his mouth, but what kind of sick individual would think of that to try and scam a DNA test?
|
| Posted 3/1/07 4:48 PM |
| |
|
JennCo
My greatest joy is my baby boy
Member since 1/07 2772 total posts
Name:
|
Re: WARNING: Touchy subject inside...
Posted by blonde667
In my opinion it wasn't enough. Besides the extreme lack in judgement, what I find most disturbing is his complete lack of respect and remorse for these two families.
I was following the trial, I remember hearing several details of how he tried to play the system.
The defense almost got the blood alcohol count thrown out b/c the vial of blood was mislabeled. The DA was granted permission to take a DNA sample from him to prove that the blood was his. They did a mouth swab, the results came back with 2 individuals DNA, his and another mans DNA (who was an inmate at the same jail). I don't know what kind of bodily fluid he had in his mouth, but what kind of sick individual would think of that to try and scam a DNA test?
That is very disturbing!!!! And it's all the more reason that this guy should have gotten more time for this crime!   
|
| Posted 3/1/07 5:02 PM |
| |
|
| Pages: 1 2 [3] 4 |
