Lifestyle > Sports & Entertainment
RIP NICK ADENHART
S P I C E:
--- Quote from: Halloween Sound Effects on April 09, 2009, 11:21:51 PM ---The DA office is filing a report and will possibly charge the fucking scumbag with murder. I hate drunk drivers.
--- End quote ---
I don't see how the DA will be able to convict this scumbag of murder though. 1st degree murder requires premeditation and deliberation and although that is not required for 2nd degree murder their is still a requirement of intent to kill for 2nd degree murder. In a death related from a DUI I don't see how you can charge the defendant w/ murder in the first or second degree, DUI Manslaughter which is Involuntary Manslaughter is the most you can charge the defendant with considering the situations that exist. The DA could try the Felony-Murder rule if it is applicable in the state where this charge will be filed but that is also a longshot.
Rick McCrank:
the guy killed 3 people while drunk.... he'll get life in prison
Elano:
An investigator takes notes around the car in which authorities said Angels pitcher Nick Adenhart and two others
were fatally injured early Thursday morning when a minivan driven by an alleged drunken driver broadsided them after running a red light.
Police arrested Andrew Thomas Gallo, 22, of Riverside, on suspicion of felony driving under the influence and vehicular manslaughter,
said Lt. Kevin Hamilton of the Fullerton Police Department. Gallo has a prior DUI conviction and his driver's license had been suspended, Hamilton said.
R.I.P.
Rick McCrank:
it's a trip if you think about it...
he was probably in the dugout after pitching thinking how great everything is
having no idea he'd be fucking dead hours later.... how crazy is that!
S P I C E:
--- Quote from: el creepo on April 10, 2009, 12:06:44 AM ---the guy killed 3 people while drunk.... he'll get life in prison
--- End quote ---
The law doesn't always work like that. Obviously I think he deserves that but read my post about first and second degree murder, I don't see how the DA can charge defendant with that in this situation, the drunk driver didn't premeditate and deliberate killing these people and he didn't intend to kill anyone and that is required for both degrees of murder. Now the DA might be able to apply the felony murder rule here and that is applicable in California but I am not sure if that will work but it might and it could be the DA's best shot. Involuntary Manslaughter is what they will most likely have to charge the defendant with and that only carries a 10-15 year sentence.
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version