Houston-area man, who shot a drunk driver for killing his sons, indicted for murder (China: move, best)

[War Beagle]

Originally Posted by glorplaxy

He will at least be sentenced the minimum punishment for murder because he admitted guilt of the action. Jury or not, the law sees that he has comitted a premeditated murder and he cannot escape a sentencing for it. Sure, they can go easy on him, but legally the court cannot allow him to escape all charges.

He will get the minimum, which is a few years in prison.

Juries can find someone not guilty of anything they want, regardless of the law. It's called jury nullification, and though the government hates it, it's completely legal. The only caveat is that the juror can be dismissed if they are dumb enough to openly talk about their intention to nullify the law.

[playa759]

Originally Posted by texas7

Here is my question - just a scenario - just what if the the guy who hit the kids had not been drunk, what if the kids were pushing a car on a dark road and no emergency flashers? Would people still feel he was justified? He would still have the same range of emotions after losing his children.

I think part of your scenario is valid. I don't think the father knew that the guy was drunk at the time he shot him.

[oceangaia]

Originally Posted by playa759

I think part of your scenario is valid. I don't think the father knew that the guy was drunk at the time he shot him.

Why do you think this?

[nana053]

For crying out loud people, regardless of the motive, he killed someone. He went back and got his gun and shot someone in cold blood. It was a dark country road and even if the other driver was not drunk he might not have seen the boys pushing the car. The fact that your kids were killed does NOT give you the right to kill someone else. Two wrongs do not make a right.

[texas7]

A psychology prof once said that any human, any one of us is capable of doing something like that if we have a gun in our hands with the right set of circumstances. If the guy were not drunk and just never saw the truck or the kids because of a dark road and no flashers (just a what if), then the parent who tragically lost their children have to take a look at themselves and realize that what they were doing in the dark was unsafe. I think any parent who lost a child would immediately want to take the life of the person who took their children, right or wrong. That is when inner strength has to come into play and try and make clear, rational judgements - sometimes it doesn't work out that way.

My son was in an auto accident in which NO ONE was hurt other than the vehicles. He was ticketed and at fault (not drunk either) just young and impatient - early 20's. So the woman hops out and screams at her husband to beat my son up because her children "could" have been hurt but weren't. Thank God the man had common sense and a cooler head prevailed. Had he or she attacked my son, he would have had to defend himself but they would have been the ones charged with assault. Nobody needs a record for that over something impulsive, much less a charge of murder. Her children too shall one day drive and I'm sure if they made a mistake, she'd want rational heads to prevail.

[playa759]

Originally Posted by oceangaia

Why do you think this?

Its JMO, but this all took place within minutes. Reports have said the driver was driving too fast. If it were me and seeing my kids bloodied and crushed, I'm in a fit of rage and desperate grief at the same time. The dad acted on emotions and probably thought the driver was not being safe (driving too fast on a dark road, etc). We know drinking under the influence will cause you to make bad decisions, but I just don't feel the dad knew that the 20yr old was under the influence at that time. Don't get me wrong I would probably react in the same manner as the dad, but I have to accept the consequences of those actions. Such a terrible tragedy, my heart goes out to both families.

[oceangaia]

When a young man is driving too fast and reckless late at night and has a bad wreck, there is usually alcohol involved.

[dcoolbro]

Stories like these are reasons people hit and run. The guy could have very well tried to flee the scene, but he didn't. Accidentally killing those young boys was terrible, but wish the father beat him to a pulp, rather than kill him.

[Poltracker]

To add a different twist. It is my understanding from the news articles that one child died at the scene and one at the hospital. If I were a caring parent, I would have been more concerned with my injured but alive child than vengeance.
What this guy did was wrong and done out of anger. By getting rid of the gun, he basically admitted that he was fully aware that what he did was wrong.

[Bily Lovec]

2nd degree murder. hang the bast a r d.

a cop buddy of mine told me the Dad smelled of alcohol when the police got there.