Author Topic: Strange case  (Read 3454 times)

Maverick

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Strange case
« on: August 18, 2013, 11:27:52 PM »
http://losangeles.cbslocal.com/2013/08/07/man-20-pleads-not-guilty-in-valley-village-crash-that-electrocuted-2-good-samaritans/

So the guy gets himself into a wreck. He breaks a fire hydrant and a 'vintage styled' lamp post which sheered live wires. The water from the hydrant met the wires and created a charged pool. One by one, people attempted to help only to be electrocuted. Two of them died at the scene. No other words than freak accident can describe this scene.

But, a judge ruled that the driver was negligent and responsible for their deaths, ruling it worthy of manslaughter.

I think this opens up a giant can of worms in case law if you think about implications of a guilty verdict.


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Onyx Dragon

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Re: Strange case
« Reply #1 on: August 19, 2013, 12:20:54 PM »
http://losangeles.cbslocal.com/2013/08/07/man-20-pleads-not-guilty-in-valley-village-crash-that-electrocuted-2-good-samaritans/

So the guy gets himself into a wreck. He breaks a fire hydrant and a 'vintage styled' lamp post which sheered live wires. The water from the hydrant met the wires and created a charged pool. One by one, people attempted to help only to be electrocuted. Two of them died at the scene. No other words than freak accident can describe this scene.

But, a judge ruled that the driver was negligent and responsible for their deaths, ruling it worthy of manslaughter.

I think this opens up a giant can of worms in case law if you think about implications of a guilty verdict.

The key here is that he was driving recklessly.  That part of the story makes all the difference in the world.

Mr. Luos

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Re: Strange case
« Reply #2 on: August 19, 2013, 04:57:18 PM »
The key is actually if a reasonable person could foresee this occurrence.
Which I doubt.  Crazy he was held liable.
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Onyx Dragon

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Re: Strange case
« Reply #3 on: August 19, 2013, 06:09:37 PM »
The key is actually if a reasonable person could foresee this occurrence.
Which I doubt.  Crazy he was held liable.

A reasonable person can argue they didn't foresee them wiping someone out driving recklessly by losing control and hitting their car too.

Maverick

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Re: Strange case
« Reply #4 on: August 20, 2013, 01:02:04 AM »
The key here is that he was driving recklessly.  That part of the story makes all the difference in the world.

Mkay. Let's talk about our current spat of authoritarian LEO's involved in reckless use of force for coercion which involved a death.

Case law would probably be heard by a few judges if the prosecutor wins this case.


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Onyx Dragon

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Re: Strange case
« Reply #5 on: August 20, 2013, 03:19:53 PM »
Mkay. Let's talk about our current spat of authoritarian LEO's involved in reckless use of force for coercion which involved a death.

Case law would probably be heard by a few judges if the prosecutor wins this case.

Don't try to draw LEOs into this when it's a private citizen driving like a douche on public roads when there is absolutely no emergency.  Entirely different case, entirely different situation.

Meatywand

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Re: Strange case
« Reply #6 on: August 20, 2013, 03:29:10 PM »
I think he should be charged with Reckless Operation and that's all...those people choose to involve themselves in the situation, they weren't forced or coerced into getting out of their vehicles and going down there...kinda their fault they got crispy fried...especially the second person because it seems like the first one got zapped, but the second guy still ran in...uhhhh wut?
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Maverick

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Re: Strange case
« Reply #7 on: August 20, 2013, 04:35:50 PM »
Don't try to draw LEOs into this when it's a private citizen driving like a douche on public roads when there is absolutely no emergency.  Entirely different case, entirely different situation.

Bit of an appeal to emotion here. I can do the same thing on a multitude of cases where reckless endangerment from douche-like behavior, without there being an immediate emergency, resulted in deaths.

Your argument stands to reason that every argument like it is fair game under its own premise.


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Onyx Dragon

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Re: Strange case
« Reply #8 on: August 21, 2013, 06:50:20 AM »
I think he should be charged with Reckless Operation and that's all...those people choose to involve themselves in the situation, they weren't forced or coerced into getting out of their vehicles and going down there...kinda their fault they got crispy fried...especially the second person because it seems like the first one got zapped, but the second guy still ran in...uhhhh wut?

I seem to remember some law about you being in trouble if you just watch someone who needs help. I can't recall if that was in this country or some other country.  I might be thinking France after Diana's death, but I seem to remember there being laws about that in certain counties/states here too.

As for the second person, the article didn't say, but maybe they were there at the same time or close to it.

Bit of an appeal to emotion here. I can do the same thing on a multitude of cases where reckless endangerment from douche-like behavior, without there being an immediate emergency, resulted in deaths.

Your argument stands to reason that every argument like it is fair game under its own premise.

No, my argument is based on private citizens.  Police are held to a different (and it should be a higher) standard.  If someone got killed because an officer was driving like a douche with no emergency, the same would go for him as well, only worse. 

I hope that makes as much sense as it does to me, I'm tired as hell.  I'll revisit this after I've had a chance to take a nap.

TheBlackShed

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Re: Strange case
« Reply #9 on: August 22, 2013, 03:40:15 PM »
i dont think you're required by any law to help any person in danger, unless you have a medical/first responder cert like an off duty emt, cop, firefighter, or have a BLS cert.

Then good samaritan comes into play, and things can get muddy real quick.

'm only speaking from classes i had to take years ago, so im sure laws might have changed.
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AirForceOne

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Re: Strange case
« Reply #10 on: August 27, 2013, 03:53:46 PM »
That's pretty weird... I have no idea how they could charge him criminally for the deaths of those other people.

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Re: Strange case
« Reply #11 on: September 01, 2013, 11:25:22 PM »
Aren't we taught from a young age that wires + water = bad? Did they just not see it?


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