Update: Stallworth Grief Stricken Over Accident... (Reportedly Over the legal limit)

[peplaw06]

Anyone know what happens if he was slightly over the limit but Mr. Reyes was found at fault for darting out into the street? (I would assume Stallworth could still get a dui charge but not manslaughter, but not sure)

In Texas Intox Manslaughter is a strict liability offense.... meaning, you're over the legal limit and kill someone, you're guilty, no matter if they're partly to blame.

It's also a 2nd degree felony (as a first offense) and carries a sentencing range of 2-20 years.

Also, if Stallworth has a DWI in the past there could be a chance he would be enhanced to a more serious offense.

 

[Jon88]

In Texas Intox Manslaughter is a strict liability offense.... meaning, you're over the legal limit and kill someone, you're guilty, no matter if they're partly to blame.

It's also a 2nd degree felony (as a first offense) and carries a sentencing range of 2-20 years.

Also, if Stallworth has a DWI in the past there could be a chance he would be enhanced to a more serious offense.

In other words he's screwed, but could he get a lesser charge if the guy was found to be jaywalking?

 

[NeonNinja]

I do believe all fault falls to the driver that is over the limit.

 

[bbgun]

In Texas Intox Manslaughter is a strict liability offense.... meaning, you're over the legal limit and kill someone, you're guilty, no matter if they're partly to blame.

It's also a 2nd degree felony (as a first offense) and carries a sentencing range of 2-20 years.

Also, if Stallworth has a DWI in the past there could be a chance he would be enhanced to a more serious offense.

No matter what, he's gonna get wiped out in the civil suit.

 

[DFWJC]

In other words he's screwed, but could he get a lesser charge if the guy was found to be jaywalking?

Yeah, he's toast. I think even if the guy he killed was wasted and walking in the middle of the street, he is still in big trouble if he was behind the wheel and over the limit.

 

[SLATEmosphere]

So this is manslaughter right?

Looks like he's going to jail for a few years..He freakin killed someone driving drunk!! That family better go full force against Stallworth.

 

[GimmeTheBall!]

Who is rallying around him exactly?

Gosh, the assumption was that you could read.

 

[5Stars]

Gosh, the assumption was that you could read.

:laugh2: :laugh2:

 

[peplaw06]

In other words he's screwed, but could he get a lesser charge if the guy was found to be jaywalking?

Well, what the prosecutor charges him with and what he pleads to could be two different things. He could plea to a lesser included, but it's probably going to be a felony.

No matter what, he's gonna get wiped out in the civil suit.

He'll probably settle for a few mil in the wrongful death suit.

 

[GimmeTheBall!]

Count, I was unduly harsh.

Just read the thread. Plenty believe that he was grief stricken. Others are quick to speculate the victim was jaywalking. one inexplicably ventured that gee, death is inevitable, so that's the way life is.

My position is if he was over the limit, that to me is premeditation. His drinking and driving was homicide. (I learned all that from watching TV and hanging around some scruffy lawyers).

I do think that people here and elsewhere give celebrities extra room to maneuver. You and me? If we had killed that pedestrian we'd be hoping for someone to bond us out right now. And later, hope for a third-rate public defender lawyer and a face a jury that just wants to put us behind bars and go home, cause supper is waitin'.

 

[Cajuncowboy]

Count, I was unduly harsh.

Just read the thread. Plenty believe that he was grief stricken. Others are quick to speculate the victim was jaywalking. one inexplicably ventured that gee, death is inevitable, so that's the way life is.

My position is if he was over the limit, that to me is premeditation. His drinking and driving was homicide. (I learned all that from watching TV and hanging around some scruffy lawyers).

I do think that people here and elsewhere give celebrities extra room to maneuver. You and me? If we had killed that pedestrian we'd be hoping for someone to bond us out right now. And later, hope for a third-rate public defender lawyer and a face a jury that just wants to put us behind bars and go home, cause supper is waitin'.

Are in in Gerogia and did the lights just go out?

 

[speedkilz88]

Count, I was unduly harsh.

Just read the thread. Plenty believe that he was grief stricken. Others are quick to speculate the victim was jaywalking. one inexplicably ventured that gee, death is inevitable, so that's the way life is.

My position is if he was over the limit, that to me is premeditation. His drinking and driving was homicide. (I learned all that from watching TV and hanging around some scruffy lawyers).

I do think that people here and elsewhere give celebrities extra room to maneuver. You and me? If we had killed that pedestrian we'd be hoping for someone to bond us out right now. And later, hope for a third-rate public defender lawyer and a face a jury that just wants to put us behind bars and go home, cause supper is waitin'.

If you had read the article posted it reported that it was unclear if Mr. Reyes crossed legally. There are lots of scenarios that could have led to the accident. Stallworth could be at fault even without being over the legal limit or he might not be even if he was over the limit. Everything is speculation at this point. Some would rather wait for more info before making a judgment.

 

[peplaw06]

My position is if he was over the limit, that to me is premeditation. His drinking and driving was homicide. (I learned all that from watching TV and hanging around some scruffy lawyers).

No it's not premeditation. That would mean he intended to kill the guy. Clearly he didn't. He was criminally negligent, and there's no intent required for an intox manslaughter.

 

[dadymat]

No it's not premeditation. That would mean he intended to kill the guy. Clearly he didn't. He was criminally negligent, and there's no intent required for an intox manslaughter.

premeditated or not....he should get life or the chair.....(if he was drunk)

 

[5Stars]

premeditated or not....he should get life or the chair.....(if he was drunk)

Now, this is just stupid!

 

[dadymat]

Now, this is just stupid!

oh yeah, tell that to the family of the man who was killed by a drunk rich spoiled athlete .......

i suppose they should just give him probation and a fine....? which he would laugh at ....geez this country is so soft

 

[peplaw06]

oh yeah, tell that to the family of the man who was killed by a drunk rich spoiled athlete .......

i suppose they should just give him probation and a fine....? which he would laugh at ....geez this country is so soft

Who said he should get probation and a fine? Why does it have to be one extreme or another?

Do you think Stallworth is just as culpable as the guy who, with a clear mind, takes an automatic gun into a mall and starts mowing people down? Think both of them deserve to die?

 

[5Stars]

oh yeah, tell that to the family of the man who was killed by a drunk rich spoiled athlete .......

i suppose they should just give him probation and a fine....? which he would laugh at ....geez this country is so soft

So you want the guy to get the electric chair? Or life in prison without parole?

You better watch out what you do, bro! FYI.

 

[Bob Sacamano]

Uh...do you think? Maybe you didn't read my post. If so, you missed the point. As I said, I'm not cutting him slack at all. But those wanting to plant him under the jail need to look in the mirror because 9 out of 10 of us could be in his shoes right now. If he fails the blood test, I'm all for letting the law run it's course; just pointing out that he did not have to be slobbering drunk for this to have happened.

ah, do not judge, lest ye be judged yourself

 

[Rampage]

Who said he should get probation and a fine? Why does it have to be one extreme or another?

Do you think Stallworth is just as culpable as the guy who, with a clear mind, takes an automatic gun into a mall and starts mowing people down? Think both of them deserve to die?

what do you think happens to him?