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msm_9949(at)yahoo.com
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 Posted: Tue Feb 26, 2008 11:12 am Post subject: OT: Why the Jail Time? |
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According to AOPA article, pilot pled to "negligent operation of a motor vehicle." Plea bargain likely resulted in a substantial reduction of the maximum possible sentence.
do not archive
"Wahlquist, Dave" <dave.wahlquist(at)ics.uwex.edu> wrote:
[quote]--> Kitfox-List message posted by: "Wahlquist, Dave"
Negligent homicide.....
Here is a good link to the case.
http://www.wisconsinrapidstribune.com/assets/pdf/U059422129.PDF
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msm_9949(at)yahoo.com
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| Posted: Fri Feb 29, 2008 9:38 am Post subject: OT: Why the Jail Time? |
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A jury would likely have felt the same Luis, that's why this case turned out as it did.
It's routine for prosecutors to over-charge in the expectation of an eventual plea to a reduced charge. That's what happened here. They charged the max they could under WI law (felony- negligent hom). Facts were sufficient to get an indictment but probably not a conviction. Prosecutor knows this but down-side risk of neg-hom conviction gives defendant incentive to plead. Eventually, after much posturing on both sides, they pled him out to a misdemeanor (negligent operation of MV).
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wingnut <wingnut(at)spamarrest.com> wrote:
[quote]--> Kitfox-List message posted by: "wingnut"
Certainly the guy did something stupid. Flying low over a part of the river that he was not intimately familiar with is reckless and the outcome is entirely his fault. However, whether or not his poor judgment raises to the level of negligent homicide isn't all the clear cut to me.
The problem I have with the way the case is worded is that they seem to be saying that the very act of flying low even if your over water is already reason enough to throw the book at him. I think that there are a few pilots on this list that would take exception to that view.
Another point that seems relevant to me and hasn't been mentioned is whether the passenger knew what she was getting into. Did she seek this guy out precisely because of his reputation for flying low over the river?
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Luis Rodriguez
Model IV 1200
Rotax 912UL
Flying Weekly
Laurens, SC (34A)
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n85ae
Joined: 14 Mar 2007
Posts: 403
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| Posted: Sat Mar 01, 2008 10:06 am Post subject: Re: OT: Why the Jail Time? |
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People simply don't want to think the way the courts, and the legal system do. It seems like it's wish full thinking to me that they don't.
You do something, operating outside the regulated scope of an activity
and have an accident that kills somebody. You will be in a world of
cut and dry. The jury will be faced with a choice based on what the judge
instructs the jury with. It will be something like: "Your decision, is
not whether you think Mr. Smith "intended" to operate outside the
regulations, but based on the fact's stated here, whether Mr. Smith
did in fact operate outside the regulations".
You will then vote, yes or no.
It will be cut and dry like that from start to finish, as the prosecutor matches the facts of the incident, against the applicable laws.
If you don't believe, then serve on a jury some time.
Regards,
Jeff
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Float Flyr
Joined: 19 Jul 2006
Posts: 2704
Location: Campbellton, Newfoundland
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| Posted: Sat Mar 01, 2008 4:23 pm Post subject: OT: Why the Jail Time? |
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Sounds pretty one sided.... Isn’t that the idea for having a lawyer representing you. In court there are rules, Only god judges and lawyers know what they are so when this sort of thing happens you have to depend on your defence. If you happen to get the worst over worked, under paid legal aid lawyer in the world then you are going to the big house.
I had an uncle who was a Justice of the Supreme Court of Newfoundland. We discussed similar items on several occasions. Each time the realization the law has absolutely nothing to do with being right or just. Let’s face it O.J. got off. I’m not so sure it was his legal team or the DA bungling the whole case. Probably a combination of the two.... Then again... He may have been innocent.
Noel
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