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Message started by buttgoat1 on 05/18/11 at 09:09:01

Title: Judge ok's attempted murder
Post by buttgoat1 on 05/18/11 at 09:09:01

I can't believe this!

"A Windham teenager is facing assault charges after police in Pelham said he intentionally hit a motorcyclist Friday morning and drove him off the road"

Read more: http://www.wmur.com/news/27884404/detail.html#ixzz1MiklwWDX

just wow

ok, technically it wasn't ok'd. But to do it intentionally and NOT be charged with anything more serious?
Kinda makes you wonder about such things.

Title: Re: Judge ok's attempted murder
Post by Serowbot on 05/18/11 at 09:29:19

That's just weird... :-?...

Title: Re: Judge ok's attempted murder
Post by Starlifter on 05/18/11 at 11:35:03

Motorcyclists are always at fault and shouldn't be allowed on the road...dont'cha know? :P

Title: Re: Judge ok's attempted murder
Post by houstonbofh on 05/18/11 at 12:07:34

Actually, the charges are correct... He intentionally hit him with a car, so that is vehicular assault. To be attempted murder, you have to show intent to kill, not just harm.

And it looks fairly solid. He will do time.

Title: Re: Judge ok's attempted murder
Post by Wolfman on 05/18/11 at 12:21:56

Thats a bunch of bull! Attempted vehicular manslaughter at best. He would of done that to another car they would of thrown the book at him.
And allowing him to keep his license because he's looking for work??
How many family men or women who have a job get their license yanked just for drinking. And THEN have to find a way to keep their job and keep working to feed their family and pay their bills. Kid should of got his license yanked for at least a year and STILL be sitting in jail.

Ive had one guy chase me down the road for 3 miles right on my bumper beating on his dash, steering wheel and roof like a madman untill i got to where i could lose the idiot. Two women in the last couple months that have looked right at me then pushed me out of my lane because they wanted my lane space.
You got to ride like their trying to Kill you because some of them Fools ARE! Some folks just HATE motorcycles and riders. >:(

Title: Re: Judge ok's attempted murder
Post by houstonbofh on 05/18/11 at 12:27:47

Remember that in cases of assault, you are allowed to defend yourself. I have kicked in a door or two, and broken a window. Actually, the window was not intended. I was trying to just slap it, but adrenalin...

Title: Re: Judge ok's attempted murder
Post by buttgoat1 on 05/18/11 at 12:57:04

Hitting another car is likely to just result in a fender bender,
hitting a biker is likely to cause death, so attempted murder is closer to the truth than vehicular assault.

Title: Re: Judge ok's attempted murder
Post by houstonbofh on 05/18/11 at 13:40:52

Not long ago, a person running from the cops tried to run down a cop. Vehicular assault. Not saying it is not serious. I have been run off the road before. By a cop, actually. "I never saw you..."

Title: Re: Judge ok's attempted murder
Post by Serowbot on 05/18/11 at 13:51:10

I had a lady in a minivan look me right in the eye, then try to change lanes into me to get around a slow lane of traffic...
... when I raised my boot to kick in her door, she noticed that and changed her mind...
;)...

Title: Re: Judge ok's attempted murder
Post by Silly Ogre on 05/18/11 at 14:17:14

These charges are proper. They also are not much different on sentencing than Attempted Vehicular Manslaughter. This kid should face serious jail time. Proving that he was trying to kill him would be impossible unless he admits it. Common sense does say that a person would expect serious injury or death from this type incident. We have to remember that common sense is not all that common. Being Ignorant is not against the law...Unfortunately...

Title: Re: Judge ok's attempted murder
Post by kimchris1 on 05/18/11 at 20:11:41

His license should have been revolked.
Jail time, oh make him pay for the mans
hospital bills as well as bike repair or replacement.
So what if it takes him 50 years? He's a young man, he
can work 4 jobs.
Afterall he got to keep his license for job searching right?
The laws have to get more strick when cagers are aggressive
towards mc riders.
How many more riders have to be killed or injured before this
is done?

Title: Re: Judge ok's attempted murder
Post by Wolfman on 05/18/11 at 23:35:09

Maybe if we put a few spikes on our bikes to make em look like a ticked off porcupine we would get a lil more respect.
They get to thinking about getting their paint scratched or one of them spikes through a radiator or driverside door they might give us some room...lol

I had some idjit crowd my bike in the parking lot yesterday. Whole d@mn lot is pretty much empty. As im comeing out i see him slowly squeezeing into the spot between my bike and another truck.
Had his wheel a good foot over into my spot and about a foot from my handlebar end. He had had a passanger they couldnt of got out without knocking my ride over.
I kept thinking as i walked towards him 'you hit it you buy it.'

Im beginning to think the pollen in the air or just spring weather brings out 'The Stupid' in some people. ::)

Title: Re: Judge ok's attempted murder
Post by verslagen1 on 05/18/11 at 23:47:35

Hopefully, the next person run off the road by this idiot will be the judges son or daughter.

Title: Re: Judge ok's attempted murder
Post by Wolfman on 05/19/11 at 00:46:18

Kid probably runs with the judges son or daughter Vers.
Been one of us we would still be sitting in jail.

Title: Re: Judge ok's attempted murder
Post by kimchris1 on 05/19/11 at 07:40:22

Back when my accident happened.
March 20, 2010,
92 year old woman driving..
Blew stop sign, rear ended me.
Witnesses thought she had killed
me at first. Her bumper was over
the top of me. She backed up before
the cops got there.
All she got was "failure to stop."
Hubby and I both thought she
should have gotten it for wreckless
endangerment. Something more
than "failure to stop."

I do hope they pulled her license. I did
tell the officer that much. Take it before
she kills someone, as that someone was
almost me.
Jail time no, yet tougher ticket for her
would have helped me feel better.
She never offered an apology or anything
still to this day.
And yes had I did this to her, I feel I would
have received a tougher citation.
I think her age gave her the advantage to NOT
receiving a tougher citation. kim

Title: Re: Judge ok's attempted murder
Post by joscswny on 05/19/11 at 07:44:56

According to the State of NH the practice of striking a person (motorcyclist or not) with a car is the application of deadly force because that application of force may be expected to result in death or serious bodily injury. Eller used deadly force to stop Hawksley from his intended action.

Hypothetically: Somebody, say "Scottie", comes walking down my street. My neighbor does not wish Scottie to do this so Neighbor tells Scottie to stop walking down the street. Scottie does not stop so Neighbor pulls out his trusty hand cannon and puts 2 in Scottie's chest. Neighbor is not trying to kill Scottie only stop him.

This is a fairly effective stopping technique but it is also considered deadly force as is striking a motorcycle with a car.

Do you think the judge will allow Neighbor to continue to carry his hand cannon so that he can continue to look after his street and his home?

Of course Pelham is almost not in New Hampshire and I did read the article quickly. Perhaps I missed something?

Title: Re: Judge ok's attempted murder
Post by ALfromN.H. on 05/19/11 at 13:24:37

joscswny
Do you own a savage/s40? I've never seen another one in Rochester.

AL

Title: Re: Judge ok's attempted murder
Post by Jerry Eichenberger on 05/19/11 at 14:01:17

In Ohio, there is no "attempted manslaughter", and can't be by definition.

Manslaughter is killing someone without intending to do so, but while doing something else unlawful. It's an accidental killing committed in the course of another unlawful activity, like a bar fight.

So, you cannot attempt to do something that, by definition, is accidental to begin with.

Murder, on the other hand, is intentional killing. First degree murder is planned ahead of time, while second degree is the product of instant thinking, without planning it ahead of time. Since murder is intentional, and not accidental, you can attempt to complete an intentional act, hence there is attempted murder.