IMO the Ward Family is taking the wrong stand on this

[JohnnyMac]

Ok, thanks


Two issues with a victim is irrelevant (meaning it had no bearing on) Tony "Stewart having committed a crime"

"What crime did Stewart commit?"

"I never said Stewart committed a crime"

If you can't understand plain English, I can't help you.

 

[MikeB]

So let me ask you, do you think Stewart is guilty of a crime?

If so, what?

 

[JohnnyMac]

So let me ask you, do you think Stewart is guilty of a crime?

If so, what?

i don't know without all of the evidence. There is, at least, one more video of the incident that the DA had.

Also, I would think a video expert could estimate Stewart's speed and trajectory based on the known video.

But, Ward's toxicology results are irrelevant to Stewart's conduct.

 

[MikeB]

i don't know without all of the evidence. There is, at least, one more video of the incident that the DA had.

Also, I would think a video expert could estimate Stewart's speed and trajectory based on the known video.

But, Ward's toxicology results are irrelevant to Stewart's conduct.

I think I mentioned in another thread that if it is nighttime, (dark) and someone steps out in front of your vehicle, you would almost never be charged with a crime. I know there are certain criteria that has to be met. Obeying the speed limit, not being distracted by a cell phone, vehicle in good working condition,.......etc.

Toxicology results are important to the investigation. I think that it is probably standard in an odd situation like this.

 

[Enfuego]

Being high, and having marijuana in your system are two different things.

And, either one of them is irrelevant to Stewart having committed a crime.

Bullshit.

A) Yes, toxicology reports play a big role in how an incident plays out. It can possibly show why this asshat got out of his car to begin with.
B) No crime was committed.

 

[Enfuego]

i don't know without all of the evidence. There is, at least, one more video of the incident that the DA had.

Also, I would think a video expert could estimate Stewart's speed and trajectory based on the known video.

But, Ward's toxicology results are irrelevant to Stewart's conduct.

Guy is high on coke and walks out in the middle of the road. He gets hit by a driver going 25 in a 30. You don't think the tox reports on the victim matter?

Ludicrous.

 

[JohnnyMac]

Bullshit.

A) Yes, toxicology reports play a big role in how an incident plays out. It can possibly show why this asshat got out of his car to begin with.
B) No crime was committed.

Well, you're wrong. A crime is made up of two things, a bad act and a bad state of mind. Neither has to do with the victim.

If I shoot you in the head, does it matter that you shot heroin 5 minutes before?

 

[JohnnyMac]

Guy is high on coke and walks out in the middle of the road. He gets hit by a driver going 25 in a 30. You don't think the tox reports on the victim matter?

Ludicrous.

In this scenario, there is no crime committed even if the victim is sober.

Do you understand yet?

 

[Enfuego]

Well, you're wrong. A crime is made up of two things, a bad act and a bad state of mind. Neither has to do with the victim.

If I shoot you in the head, does it matter that you shot heroin 5 minutes before?

Uh yes, in certain circumstances it does.

Guy on heroin breaks into your house and you shoot him in the head. His tox reports matter. You are very wrong. It goes to show the guy's state of mind when he entered your home.

 

[Enfuego]

In this scenario, there is no crime committed even if the victim is sober.

Do you understand yet?

There is possibly a crime yes. It could be considered vehicular homicide if the guy was speeding.

Do you understand?

 

[JohnnyMac]

There is possibly a crime yes. It could be considered vehicular homicide if the guy was speeding.

Do you understand?

You just changed your fact pattern.

 

[Enfuego]

You just changed your fact pattern.

I didn't change anything. Guy was going 30 in a 25 just as I said originally.

 

[JohnnyMac]

Uh yes, in certain circumstances it does.

Guy on heroin breaks into your house and you shoot him in the head. His tox reports matter. You are very wrong. It goes to show the guy's state of mind when he entered your home.

No. You are allowed to shoot anyone that breaks into your house. Try again.

 

[JohnnyMac]

I didn't change anything. Guy was going 30 in a 25 just as I said originally.

You said going 25 in a 30, although it doesn't matter.

 

[MikeB]

If the driver was texting while driving, had a severely cracked windshield, and faulty brakes then you can be certain even if he was driving 25 in a 30, the driver will certainly be charged with several crimes.

 

[Enfuego]

No. You are allowed to shoot anyone that breaks into your house. Try again.

This is not the point. You said does it matter the guy shot up heroin 5 minutes before and I said sure it does. It goes to show state of mind. State of mind regarding victim and perpetrator is always relevant.

 

[Enfuego]

You said going 25 in a 30, although it doesn't matter.

I meant 30 in a 25 but yes, it does matter. All facts matter when a person is killed. You couldn't be more wrong.

 

[Enfuego]

If the driver was texting while driving, had a severely cracked windshield, and faulty brakes then you can be certain even if he was driving 25 in a 30, the driver will certainly be charged with several crimes.

Yes, agree 100 percent.

 

[JohnnyMac]

This is not the point. You said does it matter the guy shot up heroin 5 minutes before and I said sure it does. It goes to show state of mind. State of mind regarding victim and perpetrator is always relevant.

You are clearly outside of your area of expertise.

 

[JohnnyMac]

I meant 30 in a 25 but yes, it does matter. All facts matter when a person is killed. You couldn't be more wrong.

I'll stop while I'm ahead.