wbjones wrote:
I'm thinking that if he got actual prison time for killing those pedestrians … then he might then learn a few things ..
but as was pointed out on another thread …
if the defense is that his parents didn't bother to teach him that just because he's rich, doesn't excuse him from obeying the law … then maybe they need to do the prison time
cliff notes: he is a 16 yo kid … stole some beer … got drunk (3x the legal limit) and plowed into some people on the side of the road
the defense attorney claimed he should be held blameless because his parents didn't teach him that he had to behave in the same manner that "lesser" people had to
said that it is a condition he called "affluenza"
the judge agreed with him
And that is why I get so pissed about attorneys; as I have been told more than once (including on this board) it's OK to come up with stupid crap like this because it means they are fighting really really hard. The judge being stupid enough to fall for it is dumb as hell, too.
There is one other angle: in most states parents are responsible for the actions of their minor children. Whether this would fall under that due to the severity of the crime is something I do not know. If it does then yes they should face punishment as well. Boilerplate Internet BS on this subject: http://www.legalzoom.com/everyday-law/home-leisure/laying-blame-parental-responsibility
mndsm
UltimaDork
12/13/13 12:48 p.m.
wearymicrobe wrote:
I have a feeling the judge is being as sly as he can while falling within the law. The long probation + leaving the door open for a civil suit + betting on the fact that the kid will reoffended. Means to me the judge is leveraged out and thinks this is what will actually but the kid away for a good long time.
This is what I'm saying.... it SEEMS like the kid got off light. But there's a whole lot of stuff hanging out there just WAITING to jam this kid up for good, not to mention it's already costing the rents in the neighborhood of a half-mil BEFORE it gets to civil court. They're not getting off as easy as it appears.
mndsm wrote:
This is what I'm saying.... it SEEMS like the kid got off light. But there's a whole lot of stuff hanging out there just WAITING to jam this kid up for good, not to mention it's already costing the rents in the neighborhood of a half-mil BEFORE it gets to civil court. They're not getting off as easy as it appears.
Right. If he goes to prison and does 2 years, no probation after, his record gets wiped clean when he turns 18 (since he appears to have been tried as a minor, not an adult). 10 years probation... this dumbass will screw up in that time. Maybe it will take 3 years, maybe 5, maybe 8. But the probation will follow him into his adulthood and really nail his ass to the wall when he does something stupid again.
mndsm
UltimaDork
12/13/13 1:23 p.m.
In reply to Beer Baron:
Precisely. Kids' berkeleyed, even if they think he got off light.
How I feel when I come back to a thread like this and see what its become
Cotton
SuperDork
12/13/13 2:06 p.m.
Beer Baron wrote:
mndsm wrote:
This is what I'm saying.... it SEEMS like the kid got off light. But there's a whole lot of stuff hanging out there just WAITING to jam this kid up for good, not to mention it's already costing the rents in the neighborhood of a half-mil BEFORE it gets to civil court. They're not getting off as easy as it appears.
Right. If he goes to prison and does 2 years, no probation after, his record gets wiped clean when he turns 18 (since he appears to have been tried as a minor, not an adult). 10 years probation... this dumbass *will* screw up in that time. Maybe it will take 3 years, maybe 5, maybe 8. But the probation will follow him into his adulthood and really nail his ass to the wall when he does something stupid again.
Lets hope so, otherwise he skated on 4 counts of vehicular manslaughter, plus the rest of it.
yamaha
PowerDork
12/13/13 4:14 p.m.
In reply to Beer Baron:
Precisely, its just easier to look at the current outcome and think "ZOMG, this is bullE36 M3" without looking at the rest of the picture. The rest of the picture shows there is much more. If in the chance, he stays straight as an arrow the rest of his life, would you agree that the probation was the right call?
I still think he will berkeley up after he is 18 and get hammered into non-existance.
mndsm
UltimaDork
12/13/13 4:38 p.m.
^ This. And in the meantime, his parents are going to be dragged all over the place with 7 figure civil suits and paying for that giant rehab. And when he does screw the pooch, they'll be too broke and pissed to give a snort.
so whatever happened to the line "ignorance of the law is no excuse"?
mndsm
UltimaDork
12/13/13 6:41 p.m.
mad_machine wrote:
so whatever happened to the line "ignorance of the law is no excuse"?
Unless he was tried as an adult, he'd have been out by 18. 2 years isn't enough in this case... so I think the judge did the next best thing, and turned the defense argument on the kid without them knowing it.
mndsm wrote: Where it gets TRICKY, and makes me think the judge is sly, is the fact that he allowed it. You see, doing this puts the onus of responsibility right on the parents for raising their kids poorly, and even sticks a label on it in direct relation to having a big pile of money. Without saying so he said "Hey look. These guys have a E36 M3 load of cash. It's their fault this kid is this way. The kids already hosed. See where i'm goin?".
While I admire your optimism, my cynicism feels that it's probably just the good ol' boy network at work.
Also:
http://www.youtube.com/watch?v=1zQ9bu0ASZI
mad_machine wrote:
how does one catch affluenza? I would like a case
I'm pretty sure I was inoculated for that when I was an infant.
wbjones
PowerDork
12/14/13 6:42 a.m.
Beer Baron wrote:
mndsm wrote:
This is what I'm saying.... it SEEMS like the kid got off light. But there's a whole lot of stuff hanging out there just WAITING to jam this kid up for good, not to mention it's already costing the rents in the neighborhood of a half-mil BEFORE it gets to civil court. They're not getting off as easy as it appears.
Right. If he goes to prison and does 2 years, no probation after, his record gets wiped clean when he turns 18 (since he appears to have been tried as a minor, not an adult). 10 years probation... this dumbass *will* screw up in that time. Maybe it will take 3 years, maybe 5, maybe 8. But the probation will follow him into his adulthood and really nail his ass to the wall when he does something stupid again.
only hitch it the stride of that is … WHAT IF he does straighten up and fly right …
ok … he learned his lesson and became a worthwhile citizen …. and didn't pay any meaningful price for murder
doesn't do anything for the families of those killed …
and, yeah, I realize that we'er talking revenge now … but what else is there for them .. especially if the parents have good enough lawyers to make the wrongful death suits drag on so long that they die a natural death
the WHAT IF now is … he got away with murder
I think that in this case since there was no premeditation he could not be charged with murder, only something along the lines of felony vehicular manslaughter which carries a much lighter sentence. Add to that him being a juvenile and things are seen differently. The story does not mention whether he was tried as an adult which is possible in Texas under some circumstances. https://www.oag.state.tx.us/teens/crime/juvenile.shtml
In many states, a minor has their record expunged at age 18, sort of a 'fresh start' type thing. I don't think that would have been possible in this case but you never know. Also, 10 years probation for killing 4 people? That's just sick. This whole thing stinks of cronyism at its worst.
As far as all the lawsuits piling up and paying for that $450k a year rehab, well it's real easy to declare bankruptcy and thus head off payment of any judgments. I seriously doubt the families of the victims will ever see a dime and the rehab facility will boot the kid out for non payment.
wbjones
PowerDork
12/14/13 7:15 a.m.
well in a sense it was premeditated … but that's a long stretch … but … no, you're right .. and I was using "murder" rather loosely … vehicular manslaughter or even vehicular homicide would be more correct
that said, I have seen cases reported where the doer WAS charged with negligent homicide (a form of murder) when they killed someone by vehicle when drunk
still think he should have been tried as an adult …
but then sometimes I've been accused of being a vindictive bastid
I'm with you. He should have been tried as an adult, put in jail and the key thrown away. His parents should have to face more than just lawsuits as well. And yes I'm a vindictive bastige.
yamaha
PowerDork
12/14/13 8:00 a.m.
As I said, if tried as an adult, I would have expected the opposite result.
mndsm
UltimaDork
12/14/13 5:31 p.m.
Knurled wrote:
It begins.
Yep... and here it goes again. I bet dollars to donuts the brokeasses get some celebrity shmoe lawyer and they end up making a huge wad of cake on this.
wbjones
PowerDork
12/14/13 7:11 p.m.
the judge said that she didn't think he would get the type of therapy in jail that he needed
public caning (like in Singapore) would go a long way towards the therapy he really needs
The awful prick in me cares little about his rehabilitation and would feel better if he was being traded around the prison weight room for cigarettes. I know it's wrong but some lessons should be painful.
I can honestly say I didn't expect this in Texas.