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Are Florida's Laws Conducive To Getting Away With Murder

Campbell

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Donte Stallworth
Early in the morning of March 14, 2009, football player Donte Stallworth struck and killed a pedestrian — 59-year-old Mario Reyes — while driving in Miami Beach, Florida. Stallworth was drunk at the time and was charged with DUI and second-degree manslaughter, which could have carried a 15-year prison sentence. However, although he pled guilty to both charges, he received only 30 days in jail, plus two years of house arrest, eight years of probation, 1,000 hours of community service and a lifetime suspension of his Florida driver’s license. He was also suspended by the National Football League from playing for a year. His light sentence was due largely to Florida’s DUI laws, which require proof that there was some action on the drunk driver’s part (aside from merely being drunk) that caused the fatal accident. Since Reyes was not in the crosswalk when he was struck, there was reasonable doubt about Stallworth’s liability. Stallworth and the Reyes family settled on a financial agreement out of court.
 

mak2

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This could be just an example of the rich in our justice system.
Donte Stallworth
Early in the morning of March 14, 2009, football player Donte Stallworth struck and killed a pedestrian — 59-year-old Mario Reyes — while driving in Miami Beach, Florida. Stallworth was drunk at the time and was charged with DUI and second-degree manslaughter, which could have carried a 15-year prison sentence. However, although he pled guilty to both charges, he received only 30 days in jail, plus two years of house arrest, eight years of probation, 1,000 hours of community service and a lifetime suspension of his Florida driver’s license. He was also suspended by the National Football League from playing for a year. His light sentence was due largely to Florida’s DUI laws, which require proof that there was some action on the drunk driver’s part (aside from merely being drunk) that caused the fatal accident. Since Reyes was not in the crosswalk when he was struck, there was reasonable doubt about Stallworth’s liability. Stallworth and the Reyes family settled on a financial agreement out of court.
 

Campbell

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This could be just an example of the rich in our justice system.

No argument from me on that one. I think that now Zimmerman's pool of gifts has exceeded half a million dollars. Next thing you know he will be getting his own reality show....."Stand Your Ground!"
 

MaggieD

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Donte Stallworth
Early in the morning of March 14, 2009, football player Donte Stallworth struck and killed a pedestrian — 59-year-old Mario Reyes — while driving in Miami Beach, Florida. Stallworth was drunk at the time and was charged with DUI and second-degree manslaughter, which could have carried a 15-year prison sentence. However, although he pled guilty to both charges, he received only 30 days in jail, plus two years of house arrest, eight years of probation, 1,000 hours of community service and a lifetime suspension of his Florida driver’s license. He was also suspended by the National Football League from playing for a year. His light sentence was due largely to Florida’s DUI laws, which require proof that there was some action on the drunk driver’s part (aside from merely being drunk) that caused the fatal accident. Since Reyes was not in the crosswalk when he was struck, there was reasonable doubt about Stallworth’s liability. Stallworth and the Reyes family settled on a financial agreement out of court.

That's a hard one. I'm guessing it was a plea deal, don't you think? I actually think the right thing may have happened. Just because someone has a car accident while drunk doesn't mean he's at fault. There have certainly been many cases where someone sober hitting a pedestrian hasn't been charged at all. Seems like a more fair way to approach drunk driving, in my opinion.
 

mak2

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I did not know that, I thought they had just raised enough to buy him $12k in firearms. And they have hissy fits when I say he is a conservative superhero. SYG on TV, with the Zim man. Goodness I worry about this country.
No argument from me on that one. I think that now Zimmerman's pool of gifts has exceeded half a million dollars. Next thing you know he will be getting his own reality show....."Stand Your Ground!"
 

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i've read only a little about the case and we don't know much of the story....

his lawyers counseled him to fight the charges, feeling he has "an excellent chance at being found innocent"..Dante, according to his lawyers, plead guilty in order to do the "morally right thing."
I'm thinking of the prosecution had a case they were confident of, they probably would not have entered into the plea deal.
I kinda doubt this is about rich people getting over on the legal system...Dante went against legal counsel , plead guilty, and didn't go to trial..I can't see where money would come into that.
of the few particulars of the case i know, it seems that Dante flashed his lights to warn the pedestrian before he was struck.. and the pedestrian was not in a crosswalk.
so while Dante certainly does have liability in the case, liability is shared with the pedestrian.

as to him being intoxicated at the time, well, i think it's pretty ****ty to be legally drunk while driving... and highly illegal.... whether or not that should be the factor that decides between manslaughter and just another accident, I'm not sure...I guess that would depend on the particulars of the incident.
if the particulars are true, it would seem that his intoxication was not so severe as to make him unaware of his surrounding,..flashing his headlights at a pedestrian he sees is in the wrong place and trying warn him off doesn't seem to be indicative of a person dangerously impaired.
not sure if my opinion reconciles with the law or the facts of the case , though.

I know in Nevada if you strike a pedestrian that is not in a crosswalk, you're likely to not have charges filed against you at all... being intoxicated will change that dynamic, but the drivers intoxication doesn't relieve the pedestrian from his share of the liability.

as for whether or not Florida laws lend themselves to "murder" (manslaughter is a more accurate term, as malice is rarely a factor in these cases)... well, I dunno... the text of the law hasn't been provided for us ,so it's pretty hard to discuss it.
 

Thrilla

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That's a hard one. I'm guessing it was a plea deal, don't you think? I actually think the right thing may have happened. Just because someone has a car accident while drunk doesn't mean he's at fault. There have certainly been many cases where someone sober hitting a pedestrian hasn't been charged at all. Seems like a more fair way to approach drunk driving, in my opinion.

I really really hate it when someone says what's on my mind ... and does it in succinct fashion after my dumb ass draws it out :lol:

will you be my speechwriter?
 

Thrilla

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I did not know that, I thought they had just raised enough to buy him $12k in firearms. And they have hissy fits when I say he is a conservative superhero. SYG on TV, with the Zim man. Goodness I worry about this country.

the folks over at dailycurrant are laughing at you and Campbell for believing the false reality TV show story they presented.

the dailycurrant is a satire site.. kinda like the Onion...but with lower quality satire.
 

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I can't address the Stallworth case either however living in Florida, as I do, I don't think that Florida law generally is conducive to any criminal activity. I support stand your ground. I was told prior to stand your ground that if you were threatened outside your home and you shot someone, the best thing to do was drag the body inside because then it was a home invasion. I don't think that was serious advice.

The problem with government in general and democracy in particular is that when representatives are elected, they think they have a mandate to go into office and do something. Look at Washington. Over 500 representatives a year and over 200 years in congress. That's over 100,000 man years in representatives trying to tinker and improve government. I think the mandate for new representatives being sent to congress should be to look at all the nonsense that's been passed in the past, eliminate it and leave us with government that is workable and understandable.

That stands for state government and Florida in particular. The only laws that should stand are those that promote freedom and liberty and those that punish people who interfere with the freedom and liberty of others.
 

mak2

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I am really worried about seeing in in tights with that giant Z on his chest.
the folks over at dailycurrant are laughing at you and Campbell for believing the false reality TV show story they presented.

the dailycurrant is a satire site.. kinda like the Onion...but with lower quality satire.
 

Gaugingcatenate

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I think with the amount of possible incompetence of pedestrians in the Sunshine state being far in excess of all other states, it is indeed plausible that Donte, despite being DUI, may not have been at fault. Pedestrians and cyclists, and I have done both, need to understand that you will not win a fight with a moving car. I say this having had a brother killed by a drunk driver [ he was at fault but got off with no time served ]...

Fla. deadliest state for walkers, cyclists - USATODAY.com


Message seems to be, if you are walking or cycling in Florida, better stay alert and cut back on all that jaywalking. Also, might not want to jump out of the bushes and punch someone in the nose so hard as to break it, then jump on them and start beating their head into the concrete sidewalk. Either seems a bit dangerous in any state, but especially in Florida.
 

LowDown

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Donte Stallworth
Early in the morning of March 14, 2009, football player Donte Stallworth struck and killed a pedestrian — 59-year-old Mario Reyes — while driving in Miami Beach, Florida. Stallworth was drunk at the time and was charged with DUI and second-degree manslaughter, which could have carried a 15-year prison sentence. However, although he pled guilty to both charges, he received only 30 days in jail, plus two years of house arrest, eight years of probation, 1,000 hours of community service and a lifetime suspension of his Florida driver’s license. He was also suspended by the National Football League from playing for a year. His light sentence was due largely to Florida’s DUI laws, which require proof that there was some action on the drunk driver’s part (aside from merely being drunk) that caused the fatal accident. Since Reyes was not in the crosswalk when he was struck, there was reasonable doubt about Stallworth’s liability. Stallworth and the Reyes family settled on a financial agreement out of court.

I doubt that this is any different from the way DUI and car-pedestrian manslaughter is enforced in other states. Prominent citizen, first time offender, plenty of remorse, etc., has a bearing on sentencing.

In Houston, car-pedestrian accidents rarely result in charges being filed.
 

Campbell

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That's a hard one. I'm guessing it was a plea deal, don't you think? I actually think the right thing may have happened. Just because someone has a car accident while drunk doesn't mean he's at fault. There have certainly been many cases where someone sober hitting a pedestrian hasn't been charged at all. Seems like a more fair way to approach drunk driving, in my opinion.

In most states it does. In Tennessee if a drunk is involved in an accident and a patrolman realizes it....they don't even write the other party a citation.
 

MaggieD

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In most states it does. In Tennessee if a drunk is involved in an accident and a patrolman realizes it....they don't even write the other party a citation.

Yes, I'm aware of that. I question that it should be and see no problem with the Florida law.
 

CRUE CAB

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Donte Stallworth
Early in the morning of March 14, 2009, football player Donte Stallworth struck and killed a pedestrian — 59-year-old Mario Reyes — while driving in Miami Beach, Florida. Stallworth was drunk at the time and was charged with DUI and second-degree manslaughter, which could have carried a 15-year prison sentence. However, although he pled guilty to both charges, he received only 30 days in jail, plus two years of house arrest, eight years of probation, 1,000 hours of community service and a lifetime suspension of his Florida driver’s license. He was also suspended by the National Football League from playing for a year. His light sentence was due largely to Florida’s DUI laws, which require proof that there was some action on the drunk driver’s part (aside from merely being drunk) that caused the fatal accident. Since Reyes was not in the crosswalk when he was struck, there was reasonable doubt about Stallworth’s liability. Stallworth and the Reyes family settled on a financial agreement out of court.
Um, Iam going with a big so what? You have an issue with Florida? Stay away.
 

Velvet Elvis

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I think that now Zimmerman's pool of gifts has exceeded half a million dollars. Next thing you know he will be getting his own reality show....."Stand Your Ground!"

"I think I'm going to start a thread about apples, so that I can switch the argument to "beer cans."

George Zimmerman and an NFL player aren't even in the same time zone. Your troll-fu is weak.

P.S. It's not "stand your ground," when the kid is on top of you. Get it right.
 

ttwtt78640

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Donte Stallworth
Early in the morning of March 14, 2009, football player Donte Stallworth struck and killed a pedestrian — 59-year-old Mario Reyes — while driving in Miami Beach, Florida. Stallworth was drunk at the time and was charged with DUI and second-degree manslaughter, which could have carried a 15-year prison sentence. However, although he pled guilty to both charges, he received only 30 days in jail, plus two years of house arrest, eight years of probation, 1,000 hours of community service and a lifetime suspension of his Florida driver’s license. He was also suspended by the National Football League from playing for a year. His light sentence was due largely to Florida’s DUI laws, which require proof that there was some action on the drunk driver’s part (aside from merely being drunk) that caused the fatal accident. Since Reyes was not in the crosswalk when he was struck, there was reasonable doubt about Stallworth’s liability. Stallworth and the Reyes family settled on a financial agreement out of court.

Plea deals are the rule, not the exception, especially for those with the money to offer "settlements" to the victim's kin.
 

ttwtt78640

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I think with the amount of possible incompetence of pedestrians in the Sunshine state being far in excess of all other states, it is indeed plausible that Donte, despite being DUI, may not have been at fault. Pedestrians and cyclists, and I have done both, need to understand that you will not win a fight with a moving car. I say this having had a brother killed by a drunk driver [ he was at fault but got off with no time served ]...

Fla. deadliest state for walkers, cyclists - USATODAY.com


Message seems to be, if you are walking or cycling in Florida, better stay alert and cut back on all that jaywalking. Also, might not want to jump out of the bushes and punch someone in the nose so hard as to break it, then jump on them and start beating their head into the concrete sidewalk. Either seems a bit dangerous in any state, but especially in Florida.

The increased number of elderly drivers/walkers in Floriduh may help contribute to these statistics. ;)
 

CanadaJohn

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Donte Stallworth
Early in the morning of March 14, 2009, football player Donte Stallworth struck and killed a pedestrian — 59-year-old Mario Reyes — while driving in Miami Beach, Florida. Stallworth was drunk at the time and was charged with DUI and second-degree manslaughter, which could have carried a 15-year prison sentence. However, although he pled guilty to both charges, he received only 30 days in jail, plus two years of house arrest, eight years of probation, 1,000 hours of community service and a lifetime suspension of his Florida driver’s license. He was also suspended by the National Football League from playing for a year. His light sentence was due largely to Florida’s DUI laws, which require proof that there was some action on the drunk driver’s part (aside from merely being drunk) that caused the fatal accident. Since Reyes was not in the crosswalk when he was struck, there was reasonable doubt about Stallworth’s liability. Stallworth and the Reyes family settled on a financial agreement out of court.

What part of the case outlined above is related to "murder"? Do you have any idea what "murder" is?
 

AliHajiSheik

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Florida: If you can't see the ocean, your in a pretty weird place.
 

Gaugingcatenate

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The increased number of elderly drivers/walkers in Floriduh may help contribute to these statistics. ;)

Oh and they have more than their fair share of people coming in from all over who have never driven before, or used to driving on the other side of the road in their own countries, cannot read the signs because they are not in french or dutch or japanese or the language from wherever they come from, have really only experienced driving donkey carts or ridden horses/mules, you got your hot blooded hot heads wanting to go too fast while the old folks, as you said, who cannot see even with those thick dark glasses and the little old ladies, who all you see is there tiny bony arthritic hands up on the steering wheel of there massive lincolns or cadalliacs, wanting to go extra slow ...yeah, they got it all:mrgreen:
 

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Um, Iam going with a big so what? You have an issue with Florida? Stay away.

LOL.....I've hated Florida ever since George Bush's brother and his concubine stole the election from Al Gore. I wouldn't give them enough piss to take a pill. Having said that I used to take my young kids there at least once a year and between 1977 and the mid 1990's I was at Daytona Beach for Speed Weeks for seventeen consecutive years. Half of those years I also went back for the Firecracker 400 in July.
 

CRUE CAB

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LOL.....I've hated Florida ever since George Bush's brother and his concubine stole the election from Al Gore. I wouldn't give them enough piss to take a pill. Having said that I used to take my young kids there at least once a year and between 1977 and the mid 1990's I was at Daytona Beach for Speed Weeks for seventeen consecutive years. Half of those years I also went back for the Firecracker 400 in July.
So, you wont be back I take it.
 
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