Trucker charged with murder in accident

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Old 04-06-2010, 11:24 AM
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Old 04-06-2010, 03:21 PM
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very sad for all involved. But I dont think it warrents a murder charge or any jail time. it was an accident. thats all.
 
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Old 04-06-2010, 05:35 PM
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I wonder why that car hauler was on that highway? Was he making a delivery or avoiding scales? It does look like a road I would want to be on.

File:Angeles Crest Highway map.png - Wikipedia, the free encyclopedia
 
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Old 04-06-2010, 08:34 PM
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Originally Posted by gcal
very sad for all involved. But I dont think it warrents a murder charge or any jail time. it was an accident. thats all.
Huh? He know's he has weak brakes, he's at or near gross and he chooses to continue on. Then, he's smoking the brakes on the grade and he elects to bypass the escape ramps? That's not an accident. Jail sounds right to me but I agree that it doesn't sound like murder. I guess it depends on how the CA statutes read.

Here's another one:

TBO.com - News From AP

This guy was using meth when he killed and injured many more people, yet he's only charged with manslaughter for his . . accident. It's a different State with different statutes but I'm predicting that he'll go to jail, too. Good!
 
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Old 04-08-2010, 11:23 AM
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Originally Posted by cdswans
Huh? He know's he has weak brakes, he's at or near gross and he chooses to continue on. Then, he's smoking the brakes on the grade and he elects to bypass the escape ramps? That's not an accident. Jail sounds right to me but I agree that it doesn't sound like murder. I guess it depends on how the CA statutes read.

Here's another one:

TBO.com - News From AP

This guy was using meth when he killed and injured many more people, yet he's only charged with manslaughter for his . . accident. It's a different State with different statutes but I'm predicting that he'll go to jail, too. Good!
I didnt know he CHOOSE to pass the E ramps. I did now he KNEW his brakes were toast when he started down the hill. That changes things but still not murder. I agree.
 
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Old 04-13-2010, 01:21 AM
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The Manhattan NY DA's office has been charging people who are DUI and then have a fatal crash with Depraved Indifference Murder.

I think that's a stretch and I think this is too. You can certainly make the argument that in disregarding his brakes, and ignoring the signs, he was reckless as to the possibility of his actions causing a death, but you can make the same argument for the soccer mom who goes a few miles over the speed limit and causes a fatality.

Vehicular manslaughter is the appropriate charge. The prosecutor is trying to make an example of the guy, professional driver and all that, but justice is supposed to be blind.

I don't see the malice aforethought in this case, and that's required for a murder charge to stick.
 

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