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  #1  
Old 08-31-2004, 11:26 AM
James James is offline
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I am talking more about the driving home part.

As in why do people frequently respond in irrational ways when in really abnormal situations.

Looking at it fom the outside we generally know what the right thing is to do. But immersed in a bad situation and in panic many people don't function very well.

Quote:
Originally posted by Peaches-n-Cream
James, I think that I am missing your point.

The passenger was decapitated because there was a car accident. There was a car accident because the driver was drunk.

The driver didn't encounter a decapitated body when he happened to be drunk. He caused it to happen which is much different from freezing up in an awkward social situation.
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  #2  
Old 08-31-2004, 11:31 AM
Kevin Kevin is offline
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Quote:
Originally posted by Peaches-n-Cream
James, I think that I am missing your point.

The passenger was decapitated because there was a car accident. There was a car accident because the driver was drunk.

The driver didn't encounter a decapitated body when he happened to be drunk. He caused it to happen which is much different from freezing up in an awkward social situation.
A lot of the time, when faced with such a traumatic situation, people tend to block things out and behave irrationally. Being intoxicated would probably only add to the likelihood of that occuring.

That being said, the dude should definitely go up the river for manslaughter.
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  #3  
Old 08-31-2004, 12:13 PM
Peaches-n-Cream Peaches-n-Cream is offline
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James and ktsnake: Thanks for clarifying. I understand what James means now.

I agree that he really should go to jail.
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Old 08-31-2004, 12:26 PM
James James is offline
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Irrationality. Think of dating. How men can respond oddly to emotionally stressful situations, like you leaving them Cream

Quote:
Originally posted by Peaches-n-Cream
James and ktsnake: Thanks for clarifying. I understand what James means now.

I agree that he really should go to jail.
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  #5  
Old 08-31-2004, 05:22 PM
AUDeltaGam AUDeltaGam is offline
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I've been thinking alot about this, and while I am usually in favor of the death penalty in certain cases, for some reason, I'm against it for this one. Not because I knew the driver, but because of what I know. Those two were the best of friends, and if you really want to punish the driver, put him in jail for a loooooong time. Then he would have to think about what he did every single day for the rest of his life.

Just my $0.02.
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Old 08-31-2004, 06:09 PM
Kevin Kevin is offline
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Quote:
Originally posted by AUDeltaGam
I've been thinking alot about this, and while I am usually in favor of the death penalty in certain cases, for some reason, I'm against it for this one. Not because I knew the driver, but because of what I know. Those two were the best of friends, and if you really want to punish the driver, put him in jail for a loooooong time. Then he would have to think about what he did every single day for the rest of his life.

Just my $0.02.
I don't know of any state that considers manslaughter (which is probably the max you could get him for) a capital crime. This was definitely not a premeditated murder. The worst he could probably get is life w/out parole. I'm betting that he gets parole though.
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Old 08-31-2004, 09:30 PM
James James is offline
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Also, it depends on the circumstances of the accident. If alcohol wasn't a major contributing factor then maybe he shouldn't get jail time at all, just therapy.

Also, if his friend was leaning out of the car . . . that has to be a mitigating circumstance.



Quote:
Originally posted by AUDeltaGam
I've been thinking alot about this, and while I am usually in favor of the death penalty in certain cases, for some reason, I'm against it for this one. Not because I knew the driver, but because of what I know. Those two were the best of friends, and if you really want to punish the driver, put him in jail for a loooooong time. Then he would have to think about what he did every single day for the rest of his life.

Just my $0.02.
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Old 09-01-2004, 12:25 AM
swissmiss04 swissmiss04 is offline
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I doubt a judge or a jury is going to look at it that way. He just as easily could have killed anyone else but his friend, and I don't think either event should be punished more or less than the other. He broke the law and killed another human being in the process (his friend, coincidentally). He should (in theory) receive the same sentence as if he had killed a person in another car. If anything he should be locked up for the maximum sentence to protect society.
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Old 10-14-2004, 02:20 AM
preciousjeni preciousjeni is offline
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Quote:
Originally posted by James
Also, it depends on the circumstances of the accident. If alcohol wasn't a major contributing factor then maybe he shouldn't get jail time at all, just therapy.

Also, if his friend was leaning out of the car . . . that has to be a mitigating circumstance.
Here I go bringing up old threads! Ok, how in the WORLD did he know that his friend was leaning out the window but not that he was decapitated. If I were driving and I had the presence of mind to notice that my friend was vomiting out the window, I'm sure I would also notice that he lost his head...at which point I would wreck the car. It's all very strange.

Does anyone have an update?
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  #10  
Old 10-14-2004, 09:09 AM
AXO Alum AXO Alum is offline
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Quote:
Originally posted by ktsnake
This was definitely not a premeditated murder.
Not technically premeditated, but in my eyes, if you get drunk and get behind the wheel, that may as well be premeditated because you know that you shouldn't be driving.

I too have no sympathy for people - my 2 year old cousin was decapitated in a car wreck where a car full of drunk women were coming home from a party. The driver got what - 50 hours community service and no jail time! She should be visiting Becky's grave every day for the rest of her life and knowing that she put her there.
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  #11  
Old 10-14-2004, 09:12 AM
_Opi_ _Opi_ is offline
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Re: What a hot mess!

Quote:
Originally posted by Jill1228
Can't nobody be that damned drunk!!!!!
I would have to agree with you. If he was sooo drunk, then why was he able to find his home just fine? Yet, he was sooo drunk he didn't realize that there was a DEAD BODY WITH NO HEAD beside him? C'mon now.
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Old 10-14-2004, 11:10 AM
Kimmie1913 Kimmie1913 is offline
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Re: Re: What a hot mess!

Quote:
Originally posted by _Opi_
I would have to agree with you. If he was sooo drunk, then why was he able to find his home just fine? Yet, he was sooo drunk he didn't realize that there was a DEAD BODY WITH NO HEAD beside him? C'mon now.
That is very possible and the unfortunate thing about drunk driving. People have waking black outs that allow the to truly go on auto pilot and let them find their way home. It may not keep them from running lights or into other cars, etc. If being drunk would simply impair you so that you were actually incapable of driving we would not have these stories. Instead, people can get super drunk and function enough to make a story like this happen.
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  #13  
Old 10-15-2004, 10:58 PM
damasa damasa is offline
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Quote:
Originally posted by cutiepatootie
I have no sympathy for drunk drivers.........

I hope for that situation alone merits the death penality. From someone who lost a loved one in a drunk driving accident i have no pity for this guy......Life in prison is not worth it....that is living vs. the friend who is dead and who laid dead and headless in his car while he slept.

"It's hard for one to imagine that you would drive miles from a crash site to your home, turning in various directions, and yet not know what has happened to a passenger sitting next to you," Pierce said

to get so plastered not to know your friend has been decapitated .....makes me sick!
I hope that you find it in your heart to become a better person. To wish death upon someone for this is just extreme.

It's an unfortunate situation and considering the fact that I was nearly killed by a drunk driver myself, I can relate to the hatred of drunk drivers. But to wish death on this young man is going too far. Unless he intended for this to happen (which I seriously doubt) he shouldn't be subject to also give his own life. But there should be consequences.

I'd like to point out one major thing that I've read from a few posters though. The words "knowingly" and "drunk." Honestly, I've done some stupid stuff while drunk in my day (never drinking and driving) and I can honestly say that I don't think I ever "knowingly" knew what I was getting into. Being drunk is to be in a mind-altered state, thus the serious penalties for drinking and driving. It's due to the fact that police and the gov't realize that this is an altered state in which people may have little to no idea of what they are "knowingly" doing. When you drink you don't think and depending on how drunk you get, there's a very good argument that you aren't in control of yourself and what you are doing. It's like how certain (or most if not all contracts) can be void if the person that entered the contract was under the influence at the time they entered into the contract.

As for the death sentence comment, I'd just like to say that if these two knew eachother as long as they did I'm pretty sure the young man is living his own horrible nightmare right now, but I do believe there should be consequences for him.

A few months ago, three close friends were killed by a drunk driver. The driver was also killed in the accident and after some details I realized he was the same age as myself and my friends. I was pissed to find out that the kid had a .27 BAC at the time his blood sample was taken (about 45 minutes after the accident). I was angry and at first I thought his death was justified. Then I was told that it was most likely he had passed out prior to the accident (possibly causing it) and if he hadn't passed out there was no chance he knew what he was doing because he was so intoxicated. I visited the crash site with some friends and my anger turned to sadness when I began to realize this young man also had friends and a family and young child. To think that at the time he got into his car he more than likely had not so much as a clue as to what he was doing or what could happen, well that just made me feel even worse.

I attended the man's funeral and in death I forgive him for what he did in life. But death isn't something we should wish upon people.
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  #14  
Old 10-15-2004, 11:49 PM
AUDeltaGam AUDeltaGam is offline
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He has been released from prison. The family of the victim wanted it that way. They didn't want him to be punished.
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