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02-13-2013, 04:24 PM
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#1
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Premium Member
Join Date: Aug 2008
Location: Estero, Fl
Posts: 11,338
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Dad shoots/kills drunk driver
that had just ran into his two sons and killed them both. Can't say I wouldn't have done the same thing
http://abcnews.go.com/US/texas-dad-a...ry?id=18477907
Quote:
A Texas father, who watched a drunk driver strike and kill his two young sons, has been charged with murder after allegedly shooting the driver in the head moments after the accident.
David Barajas, 31, was charged with murder on Monday, more than two months after his sons David Jr., 12, and Caleb, 11, were killed steps from their home on a rural road outside Houston on Dec. 7.
Bond was set at $450,000, police said.
Barajas and his sons were pushing the family's disabled pickup truck toward their home late that night, as the boys' mother and two younger siblings sat inside, according to a police report released by the Brazoria County Sheriff's Department.
They were struck by Jose Banda, 20, the driver of a Chevy Malibu, instantly killing David Jr. and critically injuring Caleb, who later died at a hospital.
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Would you vote to convict or not guilty by reason of insanity? What is the difference between using a 2 ton vehicle to kill somebody and using a firearm? I had a good friend that got killed by a drunk driver so it is kind of personal to me so I would probably vote to acquit. It is one reason I drive a big SUV. If a drunk driver hits us, I at least hope to have mass on my side.
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02-13-2013, 04:31 PM
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#2
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Sub-optimal Poster
Join Date: Apr 2007
Location: Orlando, FL
Posts: 16,779
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I doubt he could plead insanity. Temporary insanity, maybe. But juries are pretty skeptical of that defense. I bet Texas has some pretty tough rules on using those defenses as well. Seems like pretty clear cut 2nd degree murder, IMO. My guess is that they reach a plea deal of some sort - the state probably doesnt want to take a chance on a sympathetic jury.
__________________
"The things we admire in men, kindness and generosity, openess, honesty, understanding and feeling, are the concomitants of failure in our system. And those traits we detest, sharpness, greed, acquisitiveness, meaness, egotism and self-interest, are the traits of success." 
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02-13-2013, 04:31 PM
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#3
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Gator Country Diamond
Join Date: Apr 2007
Posts: 25,618
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Quote:
Originally Posted by G8trGr8t
that had just ran into his two sons and killed them both. Can't say I wouldn't have done the same thing
http://abcnews.go.com/US/texas-dad-a...ry?id=18477907
Would you vote to convict or not guilty by reason of insanity? What is the difference between using a 2 ton vehicle to kill somebody and using a firearm? I had a good friend that got killed by a drunk driver so it is kind of personal to me so I would probably vote to acquit. It is one reason I drive a big SUV. If a drunk driver hits us, I at least hope to have mass on my side. |
I certainly understand the anger. But then you leave your wife with two young children as you head to prison.
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02-13-2013, 04:32 PM
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#4
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Moderator
Join Date: Apr 2007
Posts: 10,950
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Voluntary manslaughter. I mean, we are talking about moments, so at the scene where the guy had just killed his kids. I am guessing that is going to be suitable provocation.
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02-13-2013, 04:34 PM
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#5
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Heisman Candidate
Join Date: May 2007
Posts: 2,417
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This one feels like a reduced charge (maybe involuntary manslaughter) followed by a civil suit against him by the drunk driver's family afterwards. No one is going to win in this one.
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02-13-2013, 04:35 PM
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#6
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Gator Country Diamond
Join Date: Apr 2007
Location: Inside the War Room, No Name City, FL
Posts: 27,059
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In jury selection, prosecutors try to ferret out and exclude from the jury any juror who would "not follow the law", if the State proved its case beyond all reasonable doubt.
If there is an "temporary insanity" or "diminished capacity" defense in Texas, the defense attorney will be asking the prospective jury if they would reject that defense without considering it.
In short, you never know who is telling the truth. And that's just the jurors I'm talking about, fugitibut the witnesses, the police, and the defendant.
__________________
On the third day he rose again in accordance with the Scriptures;
he ascended into heaven and is seated at the right hand of the Father.
He will come again in glory to judge the living and the dead,
and his kingdom will have no end.
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02-13-2013, 04:37 PM
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#7
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Moderator
Join Date: Apr 2007
Posts: 10,950
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Just to be topical, can we all agree that this guy, had he not had a gun, would have beaten this man to death with a tire iron or his bare fists?
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02-13-2013, 04:44 PM
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#8
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Sub-optimal Poster
Join Date: Apr 2007
Location: Orlando, FL
Posts: 16,779
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Quote:
Originally Posted by MichiGator2002
Just to be topical, can we all agree that this guy, had he not had a gun, would have beaten this man to death with a tire iron or his bare fists?
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I don't know if you could say that with any certainty. Beating a man to death with bare hands is pretty physically demanding (and the article doesnt really tell me much other than he walked to his home to retrieve the weapon). Was he amped up? In good phyiscal shape? Tired from pushing a truck? Whatever the case, the gun made it easier to kill the drunk driver.
__________________
"The things we admire in men, kindness and generosity, openess, honesty, understanding and feeling, are the concomitants of failure in our system. And those traits we detest, sharpness, greed, acquisitiveness, meaness, egotism and self-interest, are the traits of success."
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02-13-2013, 04:44 PM
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#9
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Heisman Candidate
Join Date: May 2007
Posts: 2,417
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Quote:
Originally Posted by MichiGator2002
Just to be topical, can we all agree that this guy, had he not had a gun, would have beaten this man to death with a tire iron or his bare fists?
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That is why we need tire iron control laws. Gabby would want it. J/K.
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02-13-2013, 04:53 PM
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#10
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Gator Country Diamond
Join Date: Apr 2007
Posts: 25,618
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Quote:
Originally Posted by MichiGator2002
Just to be topical, can we all agree that this guy, had he not had a gun, would have beaten this man to death with a tire iron or his bare fists?
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certainly more unlikely
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02-13-2013, 04:57 PM
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#11
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Premium Member
Join Date: Aug 2008
Location: Estero, Fl
Posts: 11,338
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if I had just watched some drunk driver kill my kids in front of me I would use a rock, a tire iron or just shove my fist down his throat till he choked to death. I cannot imagine the rage that could overcome a person in that situation
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02-13-2013, 05:01 PM
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#12
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Gator Country Gold
Join Date: Apr 2007
Posts: 21,012
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I'd sentence him to the minimum for second degree murder... Or even manslaughter.
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02-13-2013, 05:01 PM
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#13
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Gator Country Diamond
Join Date: Apr 2007
Posts: 25,618
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Quote:
Originally Posted by G8trGr8t
if I had just watched some drunk driver kill my kids in front of me I would use a rock, a tire iron or just shove my fist down his throat till he choked to death. I cannot imagine the rage that could overcome a person in that situation
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as I said, I understand the rage. but don't you think those actions would be incredibly selfish?
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02-13-2013, 05:04 PM
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#14
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Premium Member
Join Date: Jan 2010
Location: Maine
Posts: 6,379
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I think many Texans would agree: He needed killin'.
__________________
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There was nothin to set a man's mind at ease like wakin up in the morning and not havin to decide who you were.
C. McCarthy
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02-13-2013, 05:07 PM
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#15
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Premium Member
Join Date: Jan 2008
Location: Tallahassee, FL
Posts: 6,197
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Quote:
Originally Posted by MichiGator2002
Just to be topical, can we all agree that this guy, had he not had a gun, would have beaten this man to death with a tire iron or his bare fists?
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I think then your manslaughter is more likely to be a murder.
__________________
"Kiffin's tenure to date makes a Dumpster fire look like one of the scented vanilla offerings on the discount table at The Yankee Candle Company."
"Hey, I don't have all the answers. In life, to be honest, I failed as much as I have succeeded. But I love my wife. I love my life. And I wish you my kind of success." -Dicky Fox
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02-13-2013, 05:31 PM
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#16
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Heisman Candidate
Join Date: Apr 2007
Posts: 2,445
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Quid Pro Quo!
Prosecutor would not want me on the jury... Temporary insanity or some other rationale. Two young sons killed before your eyes...
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02-13-2013, 05:40 PM
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#17
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Moderator
Join Date: Apr 2007
Posts: 10,950
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Quote:
Originally Posted by T3goalie
Quid Pro Quo!
Prosecutor would not want me on the jury... Temporary insanity or some other rationale. Two young sons killed before your eyes...
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There is law that envisions just this sort of situation and still considers it criminal, just not as culpably so as what we call murder in most parts. You wouldn't follow it? He doesn't deserve to walk, he deserves not to be punished for murder.
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02-13-2013, 05:45 PM
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#18
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Premium Member
Join Date: Sep 2010
Posts: 4,464
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Plead temporary insanity you'll get off... Samuel L Jackson did in A Time To Kill...
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02-13-2013, 05:54 PM
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#19
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Premium Member
Join Date: Aug 2008
Location: Estero, Fl
Posts: 11,338
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A thinking man would have found a piece of sharp debris and relocated it to the jugular
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02-13-2013, 05:56 PM
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#20
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Heisman Finalist
Join Date: Apr 2007
Location: 305, USA
Posts: 4,782
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Quote:
Originally Posted by MichiGator2002
Just to be topical, can we all agree that this guy, had he not had a gun, would have beaten this man to death with a tire iron or his bare fists?
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If it was me and there was a gun in my car my first instinct would've been to grab it. But even under that much duress I think I would've stopped to gather my wits about me and instead of grabbing my gun...would've calmly and deliberately bashed the drunk driver's brains out on his steering wheel so it looked like he died in the accident.
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