Stallworth update

[AbeBeta]

and any decent prosecutor is going to exploit the fact that he was under the influence

this isn't going to a jury trial, for that fact alone, I don't think his defense team is going to want to chance raising the jury's emotions

most likely he's going to take a plea, at least no contest

My point was that the defense does have SOME leverage - you bring in the fact that Stallworth claims he got drunk the night before, got up in the morning, etc. and you actually get some potential jury sympathy as some might be thinking "damn, I didn't know you could still be over the legal limit hours after"

Again, I'm not arguing that he should get a lighter sentence or excusing his actions -- just explaining why he's probably not going to get a harsh sentence.

 

[Bob Sacamano]

My point was that the defense does have SOME leverage - you bring in the fact that Stallworth claims he got drunk the night before, got up in the morning, etc. and you actually get some potential jury sympathy as some might be thinking "damn, I didn't know you could still be over the legal limit hours after"

Again, I'm not arguing that he should get a lighter sentence or excusing his actions -- just explaining why he's probably not going to get a harsh sentence.

I think that they would be more upset at him for driving drunk, than feel pity for him

I see what you're saying though

 

[AbeBeta]

Still doesnt give him the excuse to drive drunk and 10 mph over the limit to boot. When you drive ALWAYS EXPECT THE UNEXPECTED! You cant do that if your DUI.

Where exactly did I excuse his actions again?

 

[AbeBeta]

I think that they would be more upset at him for driving drunk, than feel pity for him

I see what you're saying though

It can break both ways -- and of course, anything that can go either way lends itself to a deal

 

[ethiostar]

Where exactly did I excuse his actions again?

I almost posted saying you weren't defending him but simply explaining how this thing might unfold based on recent information but decided not to.

We've been down this road before.......

http://cowboyszone.com/forums/showthread.php?t=149093

 

[PullMyFinger]

Where exactly did I excuse his actions again?

Not saying you did. I was just generalizing, sorry if you thought I was taking your statement out of context.


Once again, Im sorry.

 

[LittleBoyBlue]

I'm not arguing with that -- but the fact also is that he hit a pedestrian who was crossing where he shouldn't have -- and that point does have sway with jurors which is likely why he'll get a deal for a light sentence.

As I was not arguing with your point. Your point is understood and taken.



A lawyer's counter to that could be - where is a sign posted that a pedestrian cannot cross on a highway? I dont see it posted?

So the FACT(and the only one that really matters) he was driving while drunk.

Yes, its dumb. But manipulation has run amok in our society.

 

[AbeBeta]

As I was not arguing with your point. Your point is understood and taken.



A lawyer's counter to that could be - where is a sign posted that a pedestrian cannot cross on a highway? I dont see it posted?

So the FACT(and the only one that really matters) he was driving while drunk.

Yes, its dumb. But manipulation has run amok in our society.

Where is a sign posted that you cannot drive while drunk?

There are law for crossing the road just like laws that govern driving while drunk.

 

[Bob Sacamano]

Where is a sign posted that you cannot drive while drunk?

There are law for crossing the road just like laws that govern driving while drunk.

you sign a waiver before you get your license that you promise not to drink and drive because driving is a privilege, not a right

 

[LittleBoyBlue]

Where is a sign posted that you cannot drive while drunk?

There are law for crossing the road just like laws that govern driving while drunk.

 

[AbeBeta]

Plenty of signs like this around too...

 

[joseephuss]

We don't know if Stallworth did try to slow down. It says he was going 50 mph at the time of the accident. He may have been going 70 mph and slowed down to 50 mph by the time he hit the guy in the highway. As with most cases there is information and facts that don't get passed on to us the general public.

 

[AbeBeta]

you sign a waiver before you get your license that you promise not to drink and drive because driving is a privilege, not a right

that's state by state...

 

[InDakWeTrust]

we seem to be getting new information on this tragedy on a regular basis. I'll just wait until all the facts are in before i chime in.

+1, we still do not know if Stallworth was totally at fault here, the man was crossing a highway only with a concrete barricade, with a crosswalk only feet away. I understand that Stallworth may have been criminally negligent, but to crucify him before the facts are all there is just wrong. Hell, (without the DUI) it could be anyone one of us in the street or driving down a busy road. I feel bad for the pediestrian who had to die because of this.

 

[Bob Sacamano]

that's state by state...

so every state doesn't tell beginning drivers not to drink and drive? c'mon Abs

 

[LittleBoyBlue]

so every state doesn't tell beginning drivers not to drink and drive? c'mon Abs

I was served an Apple Martini when I took my driving test.

 

[Faerluna]

So they have released the toxicology report then, and it's been stated that he was over the limit? Or is this just assumption because he admitted having drinks the night before and it was early the next morning?

 

[TellerMorrow34]

yes, its very disturbing.....

im sure he hit him on purpose. Im sure he wanted to kill him on purpose. im sure he wanted to risk his career and freedom and kill him on purpose. OFCOURSE HE BRAKED !!!! ITS A NATURAL REACTION!!

Its called an accident because thats what it is. Im sure youve never made mistakes huh.... Let the system take the situation over.

Its unfortunate the victim died. Moral of the story? Dont just jump in the middle of the street hoping cars will just stop. Use the crosswalk. Its there for a reason. Perhaps Darwinism in action?

Wow. Talk about over-reaction. It's disturbing to me that the dude wasted time flashing his lights when he should have been doing more to slow down. It's even more disturbing to me if he was doing any of this after drinking.

I doubt he wanted to kill the person, I would hope that no one gets behind the wheel of their car thinking...Gee I sure hope I hit someone today. That would just make my day!

HOWEVER if he was driving, after drinking, then it's his own darn fault and he did make a choice to take a greater risk of causing an accident, of some sort, by driving while impaired. I have zero sympathy, at all, for anyone who gets behind the wheel of the car after drinking. Zero.

And cry me a river with you people and your "I guess you never made a mistake" defense for things. It's old, it's tired, and frankly it shows how pathetic your defense is.

No one said they hadn't made mistakes. We all have. If having made zero mistakes was a rule to being able to have an opinion on something on an internet forum then there wouldn't be any posts, in any forum, anywhere cause no one has ever went through their life without a mistake.

So get over yourself and your crying.

The person walking in the wrong area absolutely shoulders some blame for being so dumb to walk in the middle of the highway and putting themselves in that sort of danger.

My problems are that it appears that Dante was driving after drinking, which makes him one of the biggest morons on Earth, IMO, and that he was said to be traveling 50 in a 40 when this happened. So if he naturally hit his breaks, as you said, and was still hitting 50 in a 40 then exactly how fast was he going to begin with? Again that's a decision he made himself, to break the law and be speeding, and that is on him. That isn't on the idiot walking in the middle of the road that's on Dante for deciding he wouldn't follow the law and not speed.

If it turns out he wasn't drinking, and he did all he could to keep from hitting the guy, then I've got zero issue out of him not getting into as much trouble. But that story indicates that he was driving after drinking, speeding, and then attempted to alert the person by flashing his lights at him, rather than slowing down.

Driving after drinking and speeding are both on him, regardless of rather he actually hit the breaks or not, and I don't feel any pity for the trouble he gets into for those two parts of this.

And, yes, while I've made mistakes none of mine have led to me getting behind the wheel of a vehicle while impaired or to the death of someone due to, at least in part, my own illegal and idiotic actions.

 

[AbeBeta]

so every state doesn't tell beginning drivers not to drink and drive? c'mon Abs

and every state that has crosswalks has laws that people need to use them and not cross in the middle of the road. the issue can be argued either way.

 

[Bob Sacamano]

and every state that has crosswalks has laws that people need to use them and not cross in the middle of the road. the issue can be argued either way.

yeah, but there aren't crosswalks on every street that people need to cross

crosswalk or not, Donte still saw him and still hit him, while under the influence