I wouldn't be so sure about that...wood-fan-atic said:Sadly, the cutter won't do much time....if any. Even though he had no permission and was on land Not owned by him....there was no 'intent' and he'll probably walk with probation.....maybe 6 months in county, tops.
You beat me to the drunk driving comparision.CountryBoy19 said:I wouldn't be so sure about that...wood-fan-atic said:Sadly, the cutter won't do much time....if any. Even though he had no permission and was on land Not owned by him....there was no 'intent' and he'll probably walk with probation.....maybe 6 months in county, tops.
There was definitely intent to trespass and cut the tree down which resulted in the death of a person.
Not much different than a drunk driver killing somebody. They may not have had the intent of getting in a crash and killing somebody, but they had the intent of driving drunk, which led to the crash and death of another person.
Negligent Homicide just may come into play here...
wood-fan-atic said:Sadly, the cutter won't do much time....if any. Even though he had no permission and was on land Not owned by him....there was no 'intent' and he'll probably walk with probation.....maybe 6 months in county, tops.
wood-fan-atic said:Oh,wait...I'm NOT defending the guy.....I'm just saying--- I'm familiar with a few cases where people were trespassing and gotten hurt (not exactly the case here,but similar), and sued and won MILLIONS. If someone gets hurt or killed during the commision of a felony, they are in SERIOUS trouble. In this case, someone was tragically (and accidentally) killed during the act of trespassing...not exactly felony murder,or even involuntary manslaughter. The D.A. will be hard pressed to even get 'depraved indifferance' to get thru a grand jury. I am not in any way advocating his innocence, just the opposite,in fact. I'm suggesting just how difficult it is to hold a knucklehead legally accountable for the irresponsible taking of a life.
offroadaudio said:wood-fan-atic said:Oh,wait...I'm NOT defending the guy.....I'm just saying--- I'm familiar with a few cases where people were trespassing and gotten hurt (not exactly the case here,but similar), and sued and won MILLIONS. If someone gets hurt or killed during the commision of a felony, they are in SERIOUS trouble. In this case, someone was tragically (and accidentally) killed during the act of trespassing...not exactly felony murder,or even involuntary manslaughter. The D.A. will be hard pressed to even get 'depraved indifferance' to get thru a grand jury. I am not in any way advocating his innocence, just the opposite,in fact. I'm suggesting just how difficult it is to hold a knucklehead legally accountable for the irresponsible taking of a life.
I'm with you - I was being 100% sarcastic, sorry that didn't come through. Maybe I shouldn't have tried to be playful with this subject anyway, it's a horrible situation.
velvetfoot said:Geez, what are the odds?
Black Jaque Janaviac said:Probably like the O.J. case - don't expect justice through the criminal court system, but perhaps a civil suit would bring about justice.
In some ways this can be better because remember that for every guilty guy who walks many, many innocent guys are aquitted.
Personnally, as tragic as this case is, I don't walk out of my house fearing that someone might accidentally fell a tree on me. Ergo I do not need to spend thousands of tax dollars to keep feed these types in prison. It would be better to make him do thousands of hours of community service to the snowmobile trails or something.
Save room in the jails for the sex-offenders. Those are the guys I get concerned about (for the safety of my children).
wood-fan-atic said:Black Jaque Janaviac said:Probably like the O.J. case - don't expect justice through the criminal court system, but perhaps a civil suit would bring about justice.
In some ways this can be better because remember that for every guilty guy who walks many, many innocent guys are aquitted.
Personnally, as tragic as this case is, I don't walk out of my house fearing that someone might accidentally fell a tree on me. Ergo I do not need to spend thousands of tax dollars to keep feed these types in prison. It would be better to make him do thousands of hours of community service to the snowmobile trails or something.
Save room in the jails for the sex-offenders. Those are the guys I get concerned about (for the safety of my children).
+1. I concur. Not much to be accomplished by paying to put this guy up in prison. Lots of community service would be a good solution, I guess. Unless it we're a member of my family that was injured ....then I'd want the guy to rot in prison.