bslackDraper, UTAlthough people worry about being victimized
by a stranger; the truth is you are mostly likely to be victimized by a family
member; or someone you know.Like I said, this case has already been used
as a precedent on another case where someone was drunk and
"accidentally" shot someone.Seems to me if you wanted to commit a
murder; you would get drunk, shoot the person, say it was an accident, cry in
court. then your attorney would quote this case as a precedent; and ask
for a felony charge to be reduced to a misdemeanor.
Does it change everything if the older Brother was not drunk? The older brother
was not in a drunken rage and the gun went off. Not knowing all the facts, I
would have to assume that the drinking probably impaired his judgement, but was
not the reason the gun went off. The moral of the story is don't have
loaded guns around and especially if drinking is involved. I am glad that
everyone came together to look at the intentions and facts to come to a
reasonable conclusion. Every case is different based upon the facts. This case
is not going to set a precedent where bad people get off for shooting other
people because they claim they were sorry and that it was an accident.
Accidents do happen and it is not always the best answer to send everyone to
prison and ruin more lives.
I would also add that the reduction in charges on this case, has already been
used as a precedent on another case to obtain a reduction in charges.The
precedent has been set, now if you are drunk and you shoot someone with a gun,
you can say it was an accident, and receive reduced charges.
Sadly I have to agree that consequences should not be changed for being drunk or
under an influence. Although the guy appears to be suffering a
horrible personal nightmare.
So now when someone is drunk, and kills another person, they can say that it was
an accident, and they are sorry. And a second degree felony can be
reduced to a misdemeanor. If anyone objects, they will refer to this case.
It’s called precedent, now that it has been set, it will be used in other
cases to receive a reduced sentence and avoid prison.Remember, get drunk,
say it was an accident, and you are sorry.