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Old 06-17-2009, 12:43 PM   #31
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Default Re: Dante Stallworth gets THIRTY days in prison.

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In CA there is felony vehicular manslaughter and misdemeanor vehicular manslaughter.(DUI manslaughter is sort of a misnomer, at least in CA) It all depends on the level of negligence and intoxication. If you are DUI it automatically starts in felony land. Then you would have to analyze how good your DUI charges are. I'm just guessing, but I bet it was a pretty weak charge. Maybe not because Stallworth wasn't under the influence but in a typical DUI stop, blood tests are at least an hour removed from the actual stop. In this cause i would think they are even further removed. The further you get away from driving and blood test the more speculative the result becomes. I don't know FL law and if they have the same structure for manslaughter as we do. In CA, the killing has to be the proximate result of the DUI/speed. Basically if he wasn't speeding or DUI would the guy still be dead. I'm not sure that's the case here. The guy ran out in the road out of a cross walk. Look at it this way, say Stallworth was .35 driving the speed limit and following all traffic laws; guy runs out in front of him and he kills the guy. What does the DUI have to do with the guy being dead? Thats what the DA has to analyze.

In my experience 30 days in not uncommon at all on a misdemeanor manslaughter.
You have to also remember that just because he had a .12 when he was tested doesn't mean they could have pinned a .12 on him at the time of driving. There are people very day beating .12 DUIs for a myriad of reasons. We'll never really know the strength or weakness of the case.
All good points, but I can't shake the feeling that if you're at .12 and it's 7 in the morning, you were probably pretty shitfaced at that night and ought to know better than to be driving.

Hell, I was in New Orleans a few years ago (before the hurricane) and I stayed out all night ... and even on Bourbon Street, the bars were empty at 7 in the morning. Basically, even the people who really partied their asses off had all called it a night. So after a night like that, if you still don't recognize that you don't belong behind the wheel, you've got to be a complete shithead.

And also, I don't know about "only" blowing a .12. I blew a .13 once (the cops thought I was an underage drinker, not a drunk driver) and have to say I was pretty toasted. Of course, that was nothing like the time I blew a .30, in which case I was basically just flopping around. (In case you were wondering, that time, I was a passenger in my own car being driven by the designated driver, but the cops figured they'd pull him over right as we left the bar anyway, on the off chance that he was drunk too. Anyway, if I could figure out in that condition how to conduct myself at least passably so as not to do any harm to anyone, it's a mystery to me why Stallworth couldn't.)
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Old 06-17-2009, 01:01 PM   #32
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Default Re: Dante Stallworth gets THIRTY days in prison.

Again, I don't know FL laws but in CA, typically you don't have to blow into the roadside breathalyzer, you have the right to refuse it. Also keep in mind the day before Stallworth did this he got a 4.5 million dollar bonus for signing. I know I have partied well into 7 in the morning and not made 4.5 mil.

My point is there are lots of things we don't know about the case to be making sweeping generalizations.
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Old 06-17-2009, 01:02 PM   #33
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Default Re: Dante Stallworth gets THIRTY days in prison.

Stallworth also hung around after the scene...he didn't go run and hide. Don't remember all the details, but didn't he call 911? That probably played a small part in his favor.
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Old 06-17-2009, 01:06 PM   #34
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Default Re: Dante Stallworth gets THIRTY days in prison.

I guess I can't get my point across: I do NOT value dogs more than humans. But I do see the difference between an accident with some inflaming circumstances and patterned criminal behavior and long-term illegal enterprises.
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Old 06-17-2009, 01:55 PM   #35
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Default Re: Dante Stallworth gets THIRTY days in prison.

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I guess I can't get my point across: I do NOT value dogs more than humans. But I do see the difference between an accident with some inflaming circumstances and patterned criminal behavior and long-term illegal enterprises.
I'm not accusing you of valuing dogs more than humans ... and if everything else about the crimes was equal, Vick would be the worse of the two, no doubt about it.

But everything else isn't equal, because a guy died in one case. To me, that overrides what the intent was. If Stallworth got drunk and accidentally ran over a dog, then yes, Vick was still worse. If Vick was running a crime syndicate that killed a person, then yes, he was worse. But that isn't what happened, and no matter why Vick was doing what he did, the end result was not as serious as what Stallworth did. In my opinion, anyway.
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Old 06-17-2009, 03:03 PM   #36
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Default Re: Dante Stallworth gets THIRTY days in prison.

TOO DAMN LENIANT!!!!! That is a travesty!! He ended a human life and he gets 30 days. 10 years in prison at leastand suspend his driving license indefinitely! Also if I was the family I would not agree to payment less than 5 mil and then sue for that money if he refuses to accept
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Old 06-17-2009, 03:12 PM   #37
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Default Re: Dante Stallworth gets THIRTY days in prison.

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I'm not accusing you of valuing dogs more than humans ... and if everything else about the crimes was equal, Vick would be the worse of the two, no doubt about it.

But everything else isn't equal, because a guy died in one case. To me, that overrides what the intent was. If Stallworth got drunk and accidentally ran over a dog, then yes, Vick was still worse. If Vick was running a crime syndicate that killed a person, then yes, he was worse. But that isn't what happened, and no matter why Vick was doing what he did, the end result was not as serious as what Stallworth did. In my opinion, anyway.
Intent doesn't matter? That's sad. The Law says intent matters, why is that a difficult concept to grasp? You have the power to change the law, go ahead. I think it's a pretty damn good law. People don't get in their car intending to kill people. Accidents happen. Apparently you also don't believe in innocent until proven guilty. I hope the shoe is never on the other foot and you are charged with a crime, will you just assume you are guilty then and ask for a harsher punishment?
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Old 06-17-2009, 03:12 PM   #38
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Default Re: Dante Stallworth gets THIRTY days in prison.

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TOO DAMN LENIANT!!!!! That is a travesty!! He ended a human life and he gets 30 days. 10 years in prison at leastand suspend his driving license indefinitely! Also if I was the family I would not agree to payment less than 5 mil and then sue for that money if he refuses to accept

He doesn't ever get to drive again. 2 years of house arrest and 8 more years of probation.
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Old 06-17-2009, 03:39 PM   #39
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Default Re: Dante Stallworth gets THIRTY days in prison.

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He doesn't ever get to drive again. 2 years of house arrest and 8 more years of probation.
Not true, in five years he can be granted a drivers license.

Two years house arrest beats the hell out of two years of prison.

My friend is on 10 years probation for a burglary conviction when the cops pinned him for a rash of burglaries in his girlfriend's neighborhood because the night of one, he was leaving his girlfriend's house.

10 years for burglary, 8 for killing a person. Sounds effed up to me.
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Old 06-17-2009, 04:13 PM   #40
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Default Re: Dante Stallworth gets THIRTY days in prison.

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Intent doesn't matter? That's sad. The Law says intent matters, why is that a difficult concept to grasp? You have the power to change the law, go ahead. I think it's a pretty damn good law. People don't get in their car intending to kill people. Accidents happen.
I didn't say intent doesn't matter. It just doesn't matter so much that you should consider a fatal "accident" as no big deal just because the guy didn't mean to do it. People get 30 days for getting caught with weed, for chrissakes.

And I still cannot even begin to stress how much I don't buy the "accident" part in Stallworth's case. The guy made the decision to party all night and then get behind the wheel, and it is absolutely inconceivable in this day and age to not know this is dangerous. It's something they absolutely beat into your head as soon as you're old enough to understand English. Your argument makes it sound like driving drunk is something that just happens to people through no fault of their own. No.

Maybe it wasn't as deliberate as cold-blooded murder, but don't give me this bullshit that it was just an innocent mistake either.

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Apparently you also don't believe in innocent until proven guilty. I hope the shoe is never on the other foot and you are charged with a crime, will you just assume you are guilty then and ask for a harsher punishment?
I don't know where you get that from, but you're about as wrong as it's possible to be. The guy killed someone, got caught red-handed, and admitted to the crime. He is definitely guilty.

You talk about the shoe being on the other foot ... what if someone killed one of your family members and got off with a slap on the wrist? Would you walk away with a smile on your face and say oh well, it's OK because he didn't mean to do it? I don't think so, so don't give me that shit either.

The real shame of it all is that the guy's family was so easy to buy off. I would hope that if I died, my loved ones would value my life more than a cash payment.
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