New Page 1
On Facebook | Twitter: @blairsville_com | Online Forums | About The Site | Contact Us | What's New! | Keyword:  
We Support Our Troops
Home   Happenings   Drop By...   Stay Awhile...   About Blairsville

Username:
Password:
 
Save Password
Please review our Usage Policies.

No members are currently in the forums and 12 visitors.
 All Forums
 Local Politics and related issues
 Do you agree?
 New Topic  Reply to Topic
Page: 
of 2
Author Previous Topic Topic Next Topic  
BOGUS

USA
1 Posts

Posted - 01/12/2005 :  9:21:56 PM  Show Profile  Reply with Quote
While reading the North Georgia News I came across the Court pleas from December 06, 2004.

Reading over the verdicts and pleas, one case struck me. I am in dismay and wondering if it is justice or not.

A man was indicted on two offenses of Homicide by vehicle in the First Degree,two offenses of Driving while Under the Influence, Reckless Driving, Underage consumption, Failure to stop at or Return to the Scene of Accident and failure to Report Accident Resulting in Death.

This man plead nolo contendre in a negotiated plea to the offence of Homicide by Vehicle in the Second Degree in the Union County Superior Court.

This man received a sentence of 12 months. The defendant was ordered to serve from Dec. 21, 2004 to Jan. 30, 2005 in the custody of the Union County Jail and serve the remainder of sentence on probation. The defendant must complete 40 hours of community service. pay $1,328.00 in fines and court cost and meeet other special conditions of probation.

I urge you to look at this weeks paper. Compare this case, details and sentence to the cases that was also plead on.

Do you think justice was served for the man who was struck and killed by the above man?

I am having a hard time with this as I know the man was left dead.
I don't care who you are. Justice is suppose to be served. I do not feel it has been served.

daughterofconfederate

USA
29728 Posts

Posted - 01/12/2005 :  9:32:56 PM  Show Profile  Reply with Quote
Hunny is reading that now and all I hear is cursing... No, I dont think justice was served. The man who was hit had to stay at the firehouse dead while a search for family was done.. I think it was weeks that passed and he was buried at one of our old cemetarys.

Had the boy stopped when it happened instead of running... and we went through that scene that night.... he was far from the site where it happened.. too far... anyways.. had he stopped right then and there.. Id had pitty... but no.. he didnt and I feel personally that that in my eyes is as murder as it gets... leaving it behind..

Go to Top of Page

Hotdawg

USA
2357 Posts

Posted - 01/12/2005 :  9:40:23 PM  Show Profile  Visit Hotdawg's Homepage  Reply with Quote
it was probably a person that has ties to the courts there or someone who had enough money to get off with a sentence like that

Go FalconsGo to Top of Page

puddin pop

USA
4628 Posts

Posted - 01/12/2005 :  10:53:34 PM  Show Profile  Reply with Quote
I know this person and have all his life. I too was disappointed with what I saw in the paper. People go to prison for alot less. Again this person got away with wrong just like he has his whole life. I had hoped he had learned a lesson but since he has been caught DUI has he not? If he hadn't ran off and he had done the right thing I might have a little more sympathy. I do know one thing if it had been "somebody" that was ran over he would have already been in prison.

Go to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/12/2005 :  11:15:27 PM  Show Profile  Reply with Quote
If he had not had onstar.... I think hed ran further...

Go to Top of Page

coosa creek

USA
39313 Posts

Posted - 01/13/2005 :  11:39:20 AM  Show Profile  Reply with Quote
I agree with you doc, and hotdawg, I think you hit the nail on the head. Did you also notice that of the 12 months he got, he is only going to have to serve about 30 days in jail? My husband and i were talking about that last night and we can't get over it.

Go to Top of Page

ShadowMan

USA
4158 Posts

Posted - 01/13/2005 :  5:45:31 PM  Show Profile  Visit ShadowMan's Homepage  Reply with Quote
quote:
I do know one thing if it had been "somebody" that was ran over he would have already been in prison.

I don't think so, Puddin. The problem was they ended up with a very weak case. Evidence was collected improperly and was not able to be used.

There are rules that law enforcement has to follow. And they're supposed to know what those rules are. This is one of those cases where the rules weren't followed and the judge didn't have a choice but to disallow the evidence.

It wouldn't have mattered if the victim were a somebody or a nobody. A weak case results in a weak sentence.


Shadow


FWIW, JOMO. YMMV! Go to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/13/2005 :  5:48:20 PM  Show Profile  Reply with Quote
Shader... it must have been the somebody who somebody knew.. ??????

Go to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/13/2005 :  6:23:44 PM  Show Profile  Reply with Quote
EXACTLY!~ A giy that harmed some kinda animal got heavier sentencing then this other guy. My husbadn was so mad last night.. He was cursing mad!

Go to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/13/2005 :  6:24:43 PM  Show Profile  Reply with Quote
Oh yeah, I aint none to proud either. Weak was not the case in my eyes but the eyes who looked away~

Go to Top of Page

puddin pop

USA
4628 Posts

Posted - 01/13/2005 :  6:45:36 PM  Show Profile  Reply with Quote
What goes around will come around is what I say. Ya'll hide and watch. He'll do something else and get in trouble again. Mark my word. He has had the world handed to him on a silver platter. He has been taught that he can get away with whatever and this just will reinforce that. God knows what happened and he will take care of.

Go to Top of Page

MindCrime

USA
77 Posts

Posted - 01/13/2005 :  7:31:43 PM  Show Profile  Reply with Quote
All i can say is it is typical "Blairsville Justice"

quote:
Someone who is just tired of waiting for what comes around goes around

Go to Top of Page

bigfoot

USA
7 Posts

Posted - 01/13/2005 :  9:49:39 PM  Show Profile  Reply with Quote
if iam not mistaken superior court judge is an elected position so go vote next election, correct me if i am wrong.

bfGo to Top of Page

ShadowMan

USA
4158 Posts

Posted - 01/13/2005 :  10:30:53 PM  Show Profile  Visit ShadowMan's Homepage  Reply with Quote
All I know is what I read in the paper, but it looks to me that if you're looking to blame the judge, you're looking the wrong way.

Shadow


FWIW, JOMO. YMMV! Go to Top of Page

bigfoot

USA
7 Posts

Posted - 01/13/2005 :  10:56:20 PM  Show Profile  Reply with Quote
the judge could have given the entire 12 months in jail.

bfGo to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/13/2005 :  10:59:02 PM  Show Profile  Reply with Quote
Hey Shader dear... why didnt the judge and what is special conditions... can someone tell me please


Go to Top of Page

coosa creek

USA
39313 Posts

Posted - 01/14/2005 :  10:55:40 AM  Show Profile  Reply with Quote
Don't you get more time in jail just for drunk driving?

Go to Top of Page

ShadowMan

USA
4158 Posts

Posted - 01/14/2005 :  11:37:28 AM  Show Profile  Visit ShadowMan's Homepage  Reply with Quote
Coosa, his sentence was really very similar to a current DUI sentence.

DoC, I'm not sure I understood your question...

Shadow


FWIW, JOMO. YMMV!

Edited by - ShadowMan on 01/14/2005 11:38:02 AMGo to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/14/2005 :  12:06:59 PM  Show Profile  Reply with Quote
Shader, my question is:

Why did the judge go with what appears to us to be the minum. sentencing?

What are special conditions considered? Hunny said..."It says he also has special conditions?

Go to Top of Page

mad4martinis

USA
13730 Posts

Posted - 01/14/2005 :  2:37:45 PM  Show Profile  Reply with Quote
From what I've heard it's his 4th offense to DUI. What happened to the new GA. law with one strike you're out?

Shaken, dirty, 4 Olives.Go to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/14/2005 :  3:00:55 PM  Show Profile  Reply with Quote
I am literally sickened!
As I say.. we should all gather at this mans grave and give our deepest caring love in prayer!

Go to Top of Page

coosa creek

USA
39313 Posts

Posted - 01/14/2005 :  3:01:43 PM  Show Profile  Reply with Quote
And where is he getting the alcohol? We don't sell any around here!

Go to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/14/2005 :  3:03:21 PM  Show Profile  Reply with Quote
You know... a very good person and friend was killed back in early 90s. The man who shot him only served a small sentence. Excuse my french but I do get pissed all over again when thinking about it!
The person/friend was trying to break up a fight and he was a very good person.. he was the target.

Go to Top of Page

ShadowMan

USA
4158 Posts

Posted - 01/14/2005 :  7:10:18 PM  Show Profile  Visit ShadowMan's Homepage  Reply with Quote
quote:
Why did the judge go with what appears to us to be the minum. sentencing?

Forget what you know, and think only of what you can prove. Rather, what you can prove after the blood test results were tossed out and after the vehicle data (I'm assuming the data from the computer built into newer vehicles now) was tossed out. What's left is the makings of a poor unfortunate accident. Somebody in the road...dark night... reaching for a CD...whatever. Suddenly, it doesn't seem so much like a criminal act, but a bad accident. Remember, criminal court requires the prosecutor prove his case "beyond a resonable doubt". The D.A could have gone after a more appropriate charge of "Homicide by Vehicle in the First Degree", but because of the lack of allowed evidence risked letting him get off without any consequence. The plea gets him some jail time, probation (monitored time afterwards where any violation could get him back in lockup), and a record. He's not getting off free. And if he doesn't change his behavior pattern, he's reduced his options for the next time around. He's already affected his life significantly this point forward. Did he get all that should have been coming to him? No. And that's a shame.

quote:
What are special conditions considered? Hunny said..."It says he also has special conditions?

I believe he is referring to where it said "rather than a hearing, certain stipulations were agreed to on the record." I think this is where the agreement to reduce the charge to "x" in return for pleading guily or no contest to it and accepting a sentence of "y" was spelled out. I don't think it meant there were any other special things that were being done or had to be done.


Shadow


FWIW, JOMO. YMMV! Go to Top of Page

daughterofconfederate

USA
29728 Posts

Posted - 01/15/2005 :  01:12:02 AM  Show Profile  Reply with Quote
Gotchya!~lol

When you are President... member this for examples.lol

Go to Top of Page

Aragorn

USA
907 Posts

Posted - 01/17/2005 :  12:10:24 AM  Show Profile  Reply with Quote
All I can say in this matter is that I almost hit the same man in the road that night 20 min before the accident. I know how far in the road this man on a bike was, but I was not drinking, and did not hit him, and I wouldnt have ran if I would have hit him either.. I think he should have been punished a little harder though..

I am Ellisar, decendant of Elindil.

Go to Top of Page

Topic is 2 Pages Long:
  1  2
 
 New Topic  Reply to Topic
Jump To:

Blairsville, Georgia - home in the North GA Mountains

2002-2007 BoeBro Ventures, Inc. All Rights Reserved.

Go To Top Of Page
Snitz Forums 2000

2002-2009 BoeBro Ventures, Inc. All Rights Reserved.
Usage Policy