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Post by Swimmy on Feb 8, 2008 14:39:18 GMT -5
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Post by thelma on Feb 8, 2008 17:31:53 GMT -5
Swimmy - when you are on Probation and commit another crime (DWI & vehicle assault), you are also automatically quilty of violating the terms of your Probation. If found to be in violation of Probation, you then have to serve the ENTIRE original sentence in jail!
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Post by froggy on Feb 8, 2008 17:46:35 GMT -5
Not entirely. They can jail him just for the mere fact he's had a run in with the law, guilty or not. That qualifies as a violation. My brother-in-law is currently on work release from state prison and I've gotten a crash course in the correctional and judicial system.
He was telling me even if the cops were to show up at a location where he was, even though it had nothing to do with him, they could violate him if they wanted to. Obviously they look at the situation in its entirety to see if its warranted.
This drunk clearly has gone over and above violating his probation.
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Post by Swimmy on Feb 8, 2008 21:53:31 GMT -5
I know what probation is for, thelma. I wasn't sure if his plea to parole violation was because of something other than the dwi incident.. I'm well aware that the county judges here require a defendant to give up alcohol while on probation.
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Post by Swimmy on Feb 9, 2008 8:31:50 GMT -5
According to today's paper, Hrustanovic was charged with violating probation due to a 2004 dwi conviction and NOT related to the November incident.
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Post by frankcor on Feb 9, 2008 9:39:22 GMT -5
You couldn't see that coming.
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Post by Swimmy on Feb 9, 2008 9:48:23 GMT -5
Well, I was just curious what he was pleading guilty to. The November incident has not be plead to, so as he is presumed innocent, I was not sure what he was guilty of violating probation with. If it was related to the November incident, I was curious why he would plead guilty to the probation before pleading guilty to the November incident.
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Post by denise on Feb 9, 2008 10:44:31 GMT -5
They should lock his ass up for a good, long time so he can ponder the error of his ways. If that doesn't work, ship him back to Bosnia or wherever he came from!
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Post by thelma on Feb 9, 2008 11:00:24 GMT -5
Most of us would learn NOT to drink and drive - especially if we were caught, convicted and placed on probation for doing so.
Since this is this man's SECOND DWI charge which included nearly killing an innocent 11 year old boy who will suffer from this man's negligence the rest of his life, I agree with Denise - LOCK HIM UP!!!!!!
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Post by Swimmy on Feb 9, 2008 11:09:36 GMT -5
I've made this argument before on deaf ears.
He intended to drink and get drunk. He intended to drive. Therefore he intended to create any negative event resulting from his intent.
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Post by thelma on Feb 9, 2008 11:21:41 GMT -5
I agree with you, swimmy. A DWI is one of those convictions that is "black or white". If you don't drink - you're completely innocent. If you drink - you're Guilty as charged!
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Post by Swimmy on Feb 9, 2008 11:32:55 GMT -5
I'd love to see the state amend Murder Second to include DWI as one of those felonies that makes you liable for murder if you kill someone. It would require re-classifying DWI as a felony, and I would like to see it a felony even for first-time offenders. If the state is as serious about this "No Tolerance" attitude toward drinking and driving, then this would be the best step forward on it. Certainly would make people think twice about getting behind the wheel.
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Post by thelma on Feb 9, 2008 13:41:26 GMT -5
I have always believed that if you are 100% responsible for causing the death of another human being, then you should be charged with second degree murder. What difference does it make it you used a knife, gun, automobile, etc. to do it with; all are deadly weapons when used in a criminal manner.
I doubt whether you will ever see first time DWI offenders being charged with a Felony. Afterall, there are some that do learn their lessons and never drink and drive again. All we read about are the ones that are repeat offenders. The law takes care of them as a second DWI within a 10 year period is a Felony.
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Post by Swimmy on Feb 9, 2008 15:45:05 GMT -5
The difference in the degrees of murder and manslaughter have nothing to do with the instruments involved. They have everything to do with the defendant's intent.
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Post by thelma on Feb 9, 2008 15:58:45 GMT -5
Thanks, Swimmy, for clearing up the difference between the 2 charges. When I was a Juror a few years ago on a criminal trial, the defendant was charged with 2nd Degree Murder. Basically, it was a drug deal gone bad and the deceased and the defendant got into a altercation.
The defendant was younger than the deceased and in much better health. The defendant got the deceased into a choke hole which, utimately, resulted in a blood clot traveling thru his arteries until it hit a certain spot in his brain which killed him.
We convicted the defendant of Manslauther and he was sentenced to 7 - 10 years. Everyone on the Jury felt that the defendant did NOT intentionally set out to kill the deceased and it was an accident that a blood clot developed causing his death. In our opinion, the DA overcharged the defendant when they charged him with 2nd Degree Murder with Depraved Indifference.
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