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Christ Almighty.. Judge lets 15 year old get off after killing 4 because he is rich... (Original Post) busterbrown Dec 2013 OP
Can the family appeal? BlueToTheBone Dec 2013 #1
It’s Texas... Good Luck on that one.. busterbrown Dec 2013 #2
State didn't lose. LisaL Dec 2013 #3
It's not the family's case, so no they can't appeal. newcriminal Dec 2013 #4
Based on what? LisaL Dec 2013 #5
Abuse of discetion. newcriminal Dec 2013 #6
Really? LisaL Dec 2013 #7
US v. Lynne Stewart southern district of NY newcriminal Dec 2013 #8
How is that even remotely similar? LisaL Dec 2013 #9
You asked for one case where the state appealed for abuse of discretion. newcriminal Dec 2013 #10
another case as well newcriminal Dec 2013 #12
Both of those are federal cases in adult courts. LisaL Dec 2013 #13
Rare doesn't mean it can't be done. newcriminal Dec 2013 #15
No, it can not be done. LisaL Dec 2013 #18
The ADA is wrong. newcriminal Dec 2013 #22
So you are claiming that prosecutor who prosecuted this case doesn't know what he is LisaL Dec 2013 #23
Yes, he either is wrong about the law, or more probable, newcriminal Dec 2013 #24
He has to have grounds for an appeal. LisaL Dec 2013 #26
Might be all you say, but you are still wrong. newcriminal Dec 2013 #28
No, I am right. LisaL Dec 2013 #30
Well now you're wrong on 2 counts. newcriminal Dec 2013 #33
Are you saying the state can't appeal the sentence? newcriminal Dec 2013 #11
Like the interplay between you guys tonight.. busterbrown Dec 2013 #16
It can not be appealed. LisaL Dec 2013 #19
He can appeal, he is choosing not to. newcriminal Dec 2013 #25
No, he can not. LisaL Dec 2013 #27
I have given you case after case, and your response is: newcriminal Dec 2013 #31
The cases you posted are completely different. LisaL Dec 2013 #34
Do you work in the legal profession? newcriminal Dec 2013 #35
Do you? LisaL Dec 2013 #36
yes newcriminal Dec 2013 #37
Rich people and poor people live by different laws. Rex Dec 2013 #14
We could fill GD for days just posting cases where the parasite class has murdered with impunity Egalitarian Thug Dec 2013 #21
+1 Blue_Tires Dec 2013 #44
The root origin of the word "privilege" LadyHawkAZ Dec 2013 #17
Somehow I couldn't help but think of 2naSalit Dec 2013 #20
Four people are dead. HappyMe Dec 2013 #29
One of his pals remains paralyzed as well deutsey Dec 2013 #38
Lovely. HappyMe Dec 2013 #41
Yep, I heard on the news the rehab cost is 500 grand paid for by his parents. RiffRandell Dec 2013 #46
That's what is stunning to me - 4 people are DEAD. HappyMe Dec 2013 #47
Oh well, THIS isn't the kind of thing that's led him to believe he should get whatever he wants gollygee Dec 2013 #32
Daddy and mommy and their money HappyMe Dec 2013 #40
Maybe not. Father owns a sheet metal company and the spoiled brat was driving a company truck SammyWinstonJack Dec 2013 #42
The families are lucky they weren't asked to apologize to him jsr Dec 2013 #39
Somehow I expect this won't be his last misdeed. Like Zimmerman. nt raccoon Dec 2013 #43
Damn! The rich are not like you and I, but to deny justice because of wealth would seem to violate indepat Dec 2013 #45

busterbrown

(8,515 posts)
2. It’s Texas... Good Luck on that one..
Wed Dec 11, 2013, 10:54 PM
Dec 2013

I have little expertise in this area.. Maybe someone out there can help...

LisaL

(44,974 posts)
3. State didn't lose.
Wed Dec 11, 2013, 10:59 PM
Dec 2013

Considering he plead guilty.
The judge just didn't sentence him to any jail time.
So, I presume there is no appeal.

LisaL

(44,974 posts)
7. Really?
Wed Dec 11, 2013, 11:08 PM
Dec 2013

Name one case where prosecution appealed a sentence because of "abuse of discretion."
I think the sentence is ludicrous.
But I don't envision any appeals.

LisaL

(44,974 posts)
13. Both of those are federal cases in adult courts.
Thu Dec 12, 2013, 12:42 AM
Dec 2013

And even then the articles say appeals by prosecution are extremely rare.

LisaL

(44,974 posts)
18. No, it can not be done.
Thu Dec 12, 2013, 01:56 AM
Dec 2013

Here is what the district attorney had to say.

“We are disappointed by the punishment assessed but have no power under the law to change or overturn it. Our thoughts and prayers are with the families and we regret that this outcome has added to the pain and suffering they have endured,” said Assistant District Attorney Richard Alpert."

http://myfox8.com/2013/12/11/texas-teen-gets-probation-for-deadly-dwi-collision-with-affluenza-defense/

LisaL

(44,974 posts)
23. So you are claiming that prosecutor who prosecuted this case doesn't know what he is
Thu Dec 12, 2013, 10:14 AM
Dec 2013

talking about? He already said there are no grounds he can appeal on.

 

newcriminal

(2,190 posts)
24. Yes, he either is wrong about the law, or more probable,
Thu Dec 12, 2013, 10:28 AM
Dec 2013

misstating the facts for many reasons.

He doesn't want to come out and say, we could appeal we just don't do that because it pisses judges off and the da's office likes to please the judges. His hands could be tied by the da and can't say I want to appeal but my boss won't let me. I'm not sure what his motives are, but I know the state can appeal a sentence.

LisaL

(44,974 posts)
26. He has to have grounds for an appeal.
Thu Dec 12, 2013, 10:32 AM
Dec 2013

It's a juvenile court. Judge has a wide discretion.
Unless the sentence was illegal (which it obviously wasn't) then the prosecutor doesn't have grounds for an appeal.
So it can not and will not be appealed.
That's all I have to say on the matter.

LisaL

(44,974 posts)
30. No, I am right.
Thu Dec 12, 2013, 10:35 AM
Dec 2013

It can not be appealed and it will not be.
If there was some mandatory minimum and the judge didn't follow that, prosecutor could have appealed.
But there is no mandatory minimum for juvenile drunk drivers, as far as I can tell.
So the judge was within her discretion to sentence a juvenile drunk driver to probation.
Regardless of how many people juvenile drunk driver killed.

busterbrown

(8,515 posts)
16. Like the interplay between you guys tonight..
Thu Dec 12, 2013, 01:28 AM
Dec 2013

Even though there are disagreements, we all agree on the principal.. The decision favoring the kid was horrible..

I speak for myself, however I learn a lot when the discourse is intelligent..

LisaL

(44,974 posts)
34. The cases you posted are completely different.
Thu Dec 12, 2013, 10:39 AM
Dec 2013

No simiilarity to this one whatsoever. Not in juvenile court.

 

Rex

(65,616 posts)
14. Rich people and poor people live by different laws.
Thu Dec 12, 2013, 12:47 AM
Dec 2013

Yes he was let go because he was born 'too rich to care'. Like the dude in the Mercedes driving over OWS protesters, too rich to care.

 

Egalitarian Thug

(12,448 posts)
21. We could fill GD for days just posting cases where the parasite class has murdered with impunity
Thu Dec 12, 2013, 05:54 AM
Dec 2013

in the U.S. If we expanded it to include the world, we'd need our own website.

We had one of these in my high school. Fucker strangled his GF in the park, tool her body and dumped it in a "bad neighborhood", and eventually admitted it all. He got off without even probation, he was "sentenced" to therapy.

We made sure he got his therapy elsewhere.

Blue_Tires

(55,445 posts)
44. +1
Thu Dec 12, 2013, 12:39 PM
Dec 2013

Sadly we can all cite "rich kids getting away with it" stories for every city, county and state in the union...

LadyHawkAZ

(6,199 posts)
17. The root origin of the word "privilege"
Thu Dec 12, 2013, 01:45 AM
Dec 2013
http://www.merriam-webster.com/dictionary/privilege

Middle English, from Anglo-French, from Latin privilegium law for or against a private person, from privus private + leg-, lex law

"Private law".

One law for the upper class, another for everyone else.

HappyMe

(20,277 posts)
29. Four people are dead.
Thu Dec 12, 2013, 10:35 AM
Dec 2013

This twit walks away with a slap on the wrist.

Yup, this makes me pretty damn angry.

deutsey

(20,166 posts)
38. One of his pals remains paralyzed as well
Thu Dec 12, 2013, 10:47 AM
Dec 2013

And not long ago, cops found Ethan (the rich twit) passed out in a car with a naked 14-year-old girl.

HappyMe

(20,277 posts)
41. Lovely.
Thu Dec 12, 2013, 10:54 AM
Dec 2013


In the meantime, this asshole will be at a pricey spa/rehab while somebody tries to cope with paralysis.

It's only a matter of time...but then again I said that about Zippy.

RiffRandell

(5,909 posts)
46. Yep, I heard on the news the rehab cost is 500 grand paid for by his parents.
Thu Dec 12, 2013, 03:26 PM
Dec 2013

He has to stay for 1 year and is then on probation for 10 years.

The affluenza defense is the term used by his attorneys; the kid's parents were wealthy and never taught him any responsibility.

I think some jail time would do the kid some good if that's the case, not to mention he killed 4 people.



HappyMe

(20,277 posts)
47. That's what is stunning to me - 4 people are DEAD.
Thu Dec 12, 2013, 03:33 PM
Dec 2013

I don't think that 6 months in jail would hurt at all. Let him see what happens when you fuck up so bad that people pay for your stupidity with their lives. Then rehab, then probation to follow.

This is a good way to start to get super serious about drunk driving.

gollygee

(22,336 posts)
32. Oh well, THIS isn't the kind of thing that's led him to believe he should get whatever he wants
Thu Dec 12, 2013, 10:37 AM
Dec 2013

and never face consequences for anything because of his wealth, right?

/sarcasm

SammyWinstonJack

(44,130 posts)
42. Maybe not. Father owns a sheet metal company and the spoiled brat was driving a company truck
Thu Dec 12, 2013, 11:08 AM
Dec 2013

he was entrusted with, or so I read in the comments section.

jsr

(7,712 posts)
39. The families are lucky they weren't asked to apologize to him
Thu Dec 12, 2013, 10:48 AM
Dec 2013

for the inconvenience caused to him by their loved ones.

indepat

(20,899 posts)
45. Damn! The rich are not like you and I, but to deny justice because of wealth would seem to violate
Thu Dec 12, 2013, 02:51 PM
Dec 2013

and make a mockery of the equal justice under the law tenant. I'm not shocked, but is it not time for TPTB and the media to quit parroting these idealistic, but unrealistic, bromides proclaiming American ideals which bear no resemblance to reality.

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