It sounds like the pedestrian was crossing the street outside of a cross walk which should give him some leverage, but my guess is that he isn't going to walk away from this without doing some real time. I would think that you start at around 5 active years on that charge and then discount it somewhat for the risk to the prosecution that a jury finds the victim caused his own death. So I'm thinking 2.5-3 active. We'll see how good a prognosticator I am. Maybe thinks are more lax down in FL.
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It sounds like the pedestrian was crossing the street outside of a cross walk which should give him some leverage, but my guess is that he isn't going to walk away from this without doing some real time. I would think that you start at around 5 active years on that charge and then discount it somewhat for the risk to the prosecution that a jury finds the victim caused his own death. So I'm thinking 2.5-3 active. We'll see how good a prognosticator I am. Maybe thinks are more lax down in FL. -
I say throw the book at him. That the pedestrian was not in the crosswalk is irrelevant, as Stallworth was driving drunk.
I believe in zero tolerance for drunks who get behind the wheel. It should be a capital offense the first time it happens."Socialism is a philosophy of failure, the creed of ignorance and the gospel of envy; its inherent virtue is the equal sharing of misery." - Winston Churchill
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When did his career begin? I never thought that he has lived up to his hype.I'm your huckleberry.
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I am in favor of a heavy penalty too. The question though is whether he is guilty of both DUI and DUI Manslaughter or just DUI. In other words, it is possible that the pedestrian's death was not caused by Stallworth being drunk, but rather was caused by the pedestrian himself. I don't know that to be true, but the crosswalk issue lets Stallworth make some noise about it.Originally posted by il Padrino Ute View Post
IOW, imagine that someone is three sheets to the wind behind the wheel and person jumps out in front of him and gets killed. That guys is getting killed whether the driver is drunk or not, so we wouldn't fault any driver, drunk or not, under those circumstances for the death. We would of course fault them for the DUI. My guess is that a sober driver probably doesn't hit the pedestrian but it all depends on time of day, lighting conditions, how far out in the road the pedestrian is, how fast the car and the pedestrian are moving, etc.Comment
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I haven't looked at this case at all, but it is possible that the pedestrian was in an "unmarked" crosswalk, or was the pedestrian in fact jaywalking?
Interesting side note. Studies have found that people are often times less safe by crossing in a marked crosswalk. The problem is that some stupid paint on the ground gives them a false sense of security and the pedestrian just assumes that the cars are going to stop for them because of the markings.Comment
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It'll be interesting to see if he gets the Leonard Little treatment. I tend to think he won't...then again Little was driving drunk, speeding at the point of recklessness."They're good. They've always been good" - David Shaw.
Well, because he thought it was good sport. Because some men aren't looking for anything logical, like money. They can't be bought, bullied, reasoned, or negotiated with. Some men just want to watch the world burn.Comment
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