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(Opposing Views)   Here's the deal, son: I want you to spend 60 days in jail and really think about the two people you just killed   (opposingviews.com ) divider line
    More: Asinine, head-on collision, Kansas State University, drunk drivers, Bosch, minimum sentence, jail  
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9933 clicks; posted to Main » on 19 Jun 2013 at 1:36 PM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



76 Comments     (+0 »)
 
View Voting Results: Smartest and Funniest
 
2013-06-19 01:38:15 PM  
Is he a Kennedy or something?
 
2013-06-19 01:39:19 PM  
WTF?
 
2013-06-19 01:39:36 PM  

Nemo's Brother: Is he a Kennedy or something?


Or maybe a Bush?
 
2013-06-19 01:40:00 PM  
60 whole days. Wow.

How about this, chop off one of his hands and tell him if he's ever caught drinking and driving, he loses the other one.
 
2013-06-19 01:40:33 PM  
FTA: "Bosch sentenced Theurer on Monday to 60 days in jail. Prosecutor Barry Wilkerson said the conviction typically carries the presumptive sentence of about 3 to 4 years. Wilkerson filed notice Tuesday that he will be persuing more jail time for Theurer."

I know OV is pretty much worthless, but how stupid are you to publish something as a purported news source without even spell checking it. FFS my web browser threw the squiggly line under that and I'm posting on Fark.
 
2013-06-19 01:41:11 PM  
Well, sometimes these guys get off with NO jail.
 
2013-06-19 01:41:17 PM  
FTA: "Bosch said he knew the sentence would be unpopular, but he hoped it would lead Theurer to give up alcohol altogether. "

This is what happens when you classify a failure in personal responsibility as a disease.
 
2013-06-19 01:41:58 PM  
Curious what the connection this corrupt judge has with the killer that he gets such special treatment.
 
2013-06-19 01:43:36 PM  
Um...  yeah...

Normally I'm all for shorter sentences; combined with actual work at reforming people, it's just plain cheaper.

But 60 days for killing 2 people?  I could only see that if it's only the start of punishment/reform - mandatory alcohol counseling, years of community service, etc...
 
2013-06-19 01:44:54 PM  
A grad student?  I wonder what kind of connections daddy has.  Yep, totally atypical.
 
2013-06-19 01:48:55 PM  
FTFA:  ...because he believes the incident was atypical.

What a bunch of sh*t.

You know what is atypical?  Dying at age 31.
 
2013-06-19 01:49:13 PM  
In fairness, at least this one got jailtime. The blond girl in Austin, however, was a travesty of justice. Left the girl to die on the side of the road while she went home and "slept it off" => innocent.
 
2013-06-19 01:52:21 PM  
Maybe he's related to Dave Theurer.  That Missile Command money can go a long way.
 
2013-06-19 01:53:10 PM  
don't worry, the guy in the cell next to him for having a half ounce of weed will tell him how the system works inside - that guy's been there for the past 8 months so he knows
 
2013-06-19 01:53:36 PM  
A (criminal defense)  lawyer friend of mine once said that if you're going to murder someone, run them over with your car and then quickly down a pint of vodka, be sure to be the one to call the cops, and be performing CPR on them when the cops get there.
 
2013-06-19 01:54:18 PM  

meanmutton: A (criminal defense)  lawyer friend of mine once said that if you're going to murder someone, run them over with your car and then quickly down a pint of vodka, be sure to be the one to call the cops, and be performing CPR on them when the cops get there.


He did make sure to point out that he was joking and was 100% not serious, so don't try this at home, folks.
 
2013-06-19 01:54:28 PM  

labman: 60 whole days. Wow.

How about this, chop off one of his hands and tell him if he's ever caught drinking and driving, he loses the other one.


Move to Saudi Arabia where they do that sort of thing.
 
2013-06-19 01:55:25 PM  

labman: 60 whole days. Wow.

How about this, chop off one of his hands and tell him if he's ever caught drinking and driving, he loses the other one.


Move to Saudi Arabia.

If he had crossed over the center line while sober you'd be saying what a tragedy it must be for this young man to have to live with knowing he killed 2 people.

What the linked article fails to mention is that this was a plea bargain.  It also fails to mention that it occurred in a construction zone which caused opposing lanes of traffic to be right next to each other.  And what of his 3 passengers? Should they not bear some responsibility too?

And of course, his sentence is not just 60 days.  There's more to it than that.

/just playing devil's advocate.
 
2013-06-19 01:56:49 PM  
I actually drive that road to and from work everyday. When the accident happened they were doing (and still are) road construction, taking a divided four lane down to a two lane. And the two lane at the time they were using was the southbound lane. Those two lanes were divided with little orange cones, not the best marker IMHO. I could see how someone with a little impairment (tired/alcohol/crack/road head)  could think they were driving in the left hand southbound lane when in fact they were in the northbound lane. Maybe thats what made it atypical.

Still think he should get locked up for a lot longer.

Also he was a vet student. I think they were celebrating the graduation of a couple of other vet students.
 
2013-06-19 01:57:25 PM  

meanmutton: meanmutton: A (criminal defense)  lawyer friend of mine once said that if you're going to murder someone, run them over with your car and then quickly down a pint of vodka, be sure to be the one to call the cops, and be performing CPR on them when the cops get there.

He did make sure to point out that he was joking and was 100% not serious, so don't try this at home, folks.


Damnit!!! I was getting a rental car and vodka!
 
2013-06-19 01:58:16 PM  

Firethorn: Um...  yeah...

Normally I'm all for shorter sentences; combined with actual work at reforming people, it's just plain cheaper.

But 60 days for killing 2 people?  I could only see that if it's only the start of punishment/reform - mandatory alcohol counseling, years of community service, etc...


TFA says that is just the beginning. He has to spend the 60 days in jail coming up with a program to help prevent DUI deaths. Then after 60 days in jail he's released to house arrest. While on house arrest he must perform the program 36 times.

\not saying I agree with it, just saying it is just the beginning
 
2013-06-19 01:58:53 PM  
60 days, years or decades?

DAYS?!?!?!!?!?!?!?!

I am against the draconian DUI laws in these here United States, but this should just be a double murder, just as sure as he loaded a gun and fired...
 
2013-06-19 01:59:17 PM  
Figured it was a vehicular homicide, read article, confirmed.

Hey, know what justice is? Track down his family, then get drunk one night and run them all over. Bonus points for small innocent children. After all, it's not like it's a serious crime you can go to jail for, right?
 
2013-06-19 01:59:36 PM  

meanmutton: A (criminal defense)  lawyer friend of mine once said that if you're going to murder someone, run them over with your car and then quickly down a pint of vodka, be sure to be the one to call the cops, and be performing CPR on them when the cops get there.


Because when they look like this
img.fark.net
Pushing on the mush of their thoracic cavity is gonna help.

/being snarky in response to your snark.
 
2013-06-19 02:00:35 PM  
On the one hand, grad student. Theoretically amoung our best and the brightest. So trashing that future due to a reckless moment (I didn't see anything about this being a pattern behavior), irregardless of the damage all ready done is heaping harm on top of harm for society. And yesm the loss of two parents is a great amount of harm.

On the other hand, he was a drunken asshole who was well and truly blitzed.

If I was making the sentence (and the rules in general, I know I am breaking at least two big rules on sentencing here), I'd pull in his academic adviser and ask what the *minimum* amount of time it should take him to finish his degree is. Sentence him to house arrest for that period (with allowance to go to classes and graduate work), and put him on monitored work probation for the next ten years after with the condition that he must be continually employed in a position making at least 40% of median for his profession and remitting at least 30% of his wages to pay any resulting civil liability findings. If he's out of work involuntarily or under amount for more then 60 days, to jail. If he doesn't finish his degree on time, to jail. If he get in trouble again, for anything, to jail.

make it so he still has a future, even if it is basically at gun point, so he can provide the children of the people he negligently killed with one.
 
2013-06-19 02:02:01 PM  
On the one hand, it's kind of nice to see the system actually trying to rehabilitate someone.  On the other hand, all drunk drivers should be shot in the head and thrown to the pigs.

Not sure how to feel about this one.
 
2013-06-19 02:03:45 PM  
Bosch said he knew the sentence would be unpopular, but he hoped it would lead Theurer to give up alcohol altogether.

Translation: the family has money/connections.
 
2013-06-19 02:03:57 PM  

gfid: labman: 60 whole days. Wow.
Move to Saudi Arabia.

If he had crossed over the center line while sober you'd be saying what a tragedy it must be for this young man to have to live with knowing he killed 2 people.


So you're saying he accidentally fell into his truck and just had to keep driving even though he was drunk?  Or he made a  choice to do so?

Crossing the center line by mistake while sober may or may not be a tragedy on your hands.  Anything that happens once you decide to drive plastered out of your tree is, however.
 
2013-06-19 02:09:13 PM  

SheltemDragon: On the one hand, grad student. Theoretically amoung our best and the brightest. So trashing that future due to a reckless moment (I didn't see anything about this being a pattern behavior), irregardless of the damage all ready done is heaping harm on top of harm for society. And yesm the loss of two parents is a great amount of harm.


On still another hand, "irregardless" isn't a word, and murderers shouldn't walk free.  It find the idea of letting someone who is at fault in someone else's death in this way out at all to be disgusting.  If you accidentally kill someone in a way that is wholly due to your decision to break the law, it should always mean decades in jail (to me).  He chose to drive drunk.  He gambled on these people's lives, and they lost.  There's no reason he shouldn't lose, too.

Yes I'm being snarky about the 'irregardless' thing, and I know that's not a big deal.  I'm more bothered by the idea that someone should get a lesser sentence because of the 'contributions' they might hypothetically make, one day.  I don't care what he  might do, but rather what he  did do.  He murdered two people.
 
2013-06-19 02:09:28 PM  

Somaticasual: In fairness, at least this one got jailtime. The blond girl in Austin, however, was a travesty of justice. Left the girl to die on the side of the road while she went home and "slept it off" => innocent.


You mean this one?

AUSTIN (KXAN) - Gabrielle Nestande will serve 180 days in jail in the May 2011 hit-and-run death of Courtney Griffin, Judge Karen Sage ruled Monday.
The judge also ruled that the 25-year-old former state Capitol aide must write a letter of apology to the Griffin family and pay a $10,000 fine. Also, if she violates the terms of the 10-year probation -- which includes drinking or taking illegal drugs -- Nestande will go to prison, Sage said.
 
2013-06-19 02:09:33 PM  

gfid: labman: 60 whole days. Wow.

How about this, chop off one of his hands and tell him if he's ever caught drinking and driving, he loses the other one.

Move to Saudi Arabia.

If he had crossed over the center line while sober you'd be saying what a tragedy it must be for this young man to have to live with knowing he killed 2 people.

What the linked article fails to mention is that this was a plea bargain.  It also fails to mention that it occurred in a construction zone which caused opposing lanes of traffic to be right next to each other.  And what of his 3 passengers? Should they not bear some responsibility too?

And of course, his sentence is not just 60 days.  There's more to it than that.

/just playing devil's advocate.


Personally, I'd say if he was sober and killed two people with his car, then perhaps he shouldn't have a license to drive. If he was drunk, definitely not. He's already proven himself unable to handle the responsibility, so how many more people does he get to kill before they take it away? No article I've read about this mentioned one word about revocation of his license.

And if I were one of the victim's family, the outburst would have been inside the court, not outside. Fark contempt of court, that sentence is contemptible.
 
2013-06-19 02:12:19 PM  
Of course the sentence is ridiculously light.

However, the REAL hypocrisy here is that the outrage is coming from a site populated by people that think random DUI checkstops and pre-set BAC limits are unconstitutional.
 
2013-06-19 02:20:10 PM  

mattharvest: SheltemDragon: On the one hand, grad student. Theoretically amoung our best and the brightest. So trashing that future due to a reckless moment (I didn't see anything about this being a pattern behavior), irregardless of the damage all ready done is heaping harm on top of harm for society. And yesm the loss of two parents is a great amount of harm.

On still another hand, "irregardless" isn't a word, and murderers shouldn't walk free.  It find the idea of letting someone who is at fault in someone else's death in this way out at all to be disgusting.  If you accidentally kill someone in a way that is wholly due to your decision to break the law, it should always mean decades in jail (to me).  He chose to drive drunk.  He gambled on these people's lives, and they lost.  There's no reason he shouldn't lose, too.

Yes I'm being snarky about the 'irregardless' thing, and I know that's not a big deal.  I'm more bothered by the idea that someone should get a lesser sentence because of the 'contributions' they might hypothetically make, one day.  I don't care what he  might do, but rather what he  did do.  He murdered two people.


You should note that I'm honestly more concerned that he has the potential, if he has his degree and isn't already wealthy, for the victims families to get restitution out of him. Throwing him in jail long term pretty much destroys any hope of that. Yes, its blood money in a way, but there are children that no longer have parents to provide for them.

/and your right, irregardless isn't quite proper English, even if it is in several dictionaries. I just like it better.
 
2013-06-19 02:22:08 PM  

Scrounger: Somaticasual: In fairness, at least this one got jailtime. The blond girl in Austin, however, was a travesty of justice. Left the girl to die on the side of the road while she went home and "slept it off" => innocent.

You mean this one?

AUSTIN (KXAN) - Gabrielle Nestande will serve 180 days in jail in the May 2011 hit-and-run death of Courtney Griffin, Judge Karen Sage ruled Monday.
The judge also ruled that the 25-year-old former state Capitol aide must write a letter of apology to the Griffin family and pay a $10,000 fine. Also, if she violates the terms of the 10-year probation -- which includes drinking or taking illegal drugs -- Nestande will go to prison, Sage said.


Yep, nestande. I guess I was unaware she had gotten some sort of probation deal, but in fairness that's still as light of a punishment as she could have gotten.

//granted, fark's resident alchoholics might disagree on the no-drinking punishment front..
 
2013-06-19 02:25:41 PM  

Highroller48: Of course the sentence is ridiculously light.

However, the REAL hypocrisy here is that the outrage is coming from a site populated by people that think random DUI checkstops and pre-set BAC limits are unconstitutional.


This guy killed 2 people and got off easy so everyone is guilty of drunk driving...or something.
 
2013-06-19 02:29:28 PM  
/and your right, irregardless isn't quite proper English, even if it is in several dictionaries. I just like it better.

Um.. I don't think you should be commenting on the use of proper English...
 
2013-06-19 02:30:10 PM  
or the proper use of English, for that matter.
 
2013-06-19 02:37:09 PM  
I fully support death penalty for alcohol related traffic fatalities.
People getting years for having a botanical, yet this a$$-hat
walks with 60 days a community service. Screw this nation.

http://archive.saferchoice.org/
 
2013-06-19 02:39:28 PM  
1. Be rich.
2. Be white.
3. Hire a damned good lawyer.

That combination will get you out of almost anything.
 
2013-06-19 02:40:32 PM  
Does not approve.
 
2013-06-19 02:41:48 PM  
Lets try this again.

img.fark.net
Does not approve.
 
2013-06-19 02:42:26 PM  

meanmutton: A (criminal defense)  lawyer friend of mine once said that if you're going to murder someone, run them over with your car and then quickly down a pint of vodka, be sure to be the one to call the cops, and be performing CPR on them when the cops get there.


In Texas you just shoot them and then plant your wallet on the body.
 
2013-06-19 02:43:47 PM  
 
2013-06-19 02:54:52 PM  

Marcus Aurelius: meanmutton: A (criminal defense)  lawyer friend of mine once said that if you're going to murder someone, run them over with your car and then quickly down a pint of vodka, be sure to be the one to call the cops, and be performing CPR on them when the cops get there.

In Texas you just shoot them and then plant your wallet on the body.


In Florida you can just "stand your ground" against that pedestrian crossing the street where you're trying to drive.
 
2013-06-19 03:02:33 PM  
What is the difference between killing two people when sober and killing two people when drunk?  Some might say 'there is no difference; the person responsible for doing this is demonstrating an equal lack of self-control in either instance because in both instances the "judgement call" led to equal results."

But a more advanced, rational thinker would understand that the brain does not function in the same way when under the influence of alcohol, therefore the individual cannot be held responsible to the same degree as a sober murderer.

To which some troglodyte might respond "If alcohol can lead to an impairment so significant that it becomes a public, lethal threat, then alcohol should be regulated to the same degree as other potentially lethal threats, like gun ownership or criminal history."

To which our enlightened scion would contemptuously point out the foolishness of that argument by saying "Everyone (including myself) gets drunk, so therefore it should not be held in the same light because I do it and I like it so it's not bad."

Which is what every argument boils down to in the end; "Don't restrict things I like to do; ban things I don't do."
 
2013-06-19 03:05:18 PM  
Hey, come on!  He was a nice white boy!  Poor guy has suffered enough.

Seriously, though, fark this judge.
 
2013-06-19 03:07:31 PM  

bbfreak: Lets try this again.

[img.fark.net image 600x250]
Does not approve.


What's the story with this girl?
 
2013-06-19 03:25:37 PM  

Mentalenemasquad: bbfreak: Lets try this again.

[img.fark.net image 600x250]
Does not approve.

What's the story with this girl?


She's a character in a movie called Another Earth. She has a similar incident while drunk/driving/.
 
2013-06-19 03:36:10 PM  
FTFA: "Riley County Division I Judge John Bosch gave Theurer a downward departure - meaning a sentence less than the statutory minimum sentence - because he believes the incident was atypical."

Yeah, this guy has probably driven while shiatfaced drunk tons of times without killing two people. He's only killed two people once. So, no biggie.
 
2013-06-19 03:46:52 PM  

bbfreak: Lets try this again.

[img.fark.net image 600x250]
Does not approve.


Is she going to tell us how to open the Vault on Pandora?
 
2013-06-19 03:51:14 PM  

bbfreak: She's a character in a movie called Another Earth. She has a similar incident while drunk/driving/.


Was she actually drunk in it?  IMDB says she was distracted staring at the alternate earth.
 
2013-06-19 03:55:13 PM  

Firethorn: bbfreak: She's a character in a movie called Another Earth. She has a similar incident while drunk/driving/.

Was she actually drunk in it?  IMDB says she was distracted staring at the alternate earth.


Yes, she was drunk. Was celebrating getting into MIT
 
2013-06-19 04:07:31 PM  
FTFA:
Bosch said he knew the sentence would be unpopular, but he hoped it would lead Theurer to give up alcohol altogether.

I would bet that life in prison would do a better job of that.

And in any case, even if it does get him to give up alcohol altogether, it sends a message to every other drunk driver in the world that in Kansas, even if you drunk drive AND KILL PEOPLE that your punishment will be not much.

If I was a family member of one of the deceased, I would get good and snockered and then follow that kid around, and when he's out in the open....vroooom....peanut butter.
 
2013-06-19 04:10:02 PM  

MonkeyMaster: I actually drive that road to and from work everyday. When the accident happened they were doing (and still are) road construction, taking a divided four lane down to a two lane. And the two lane at the time they were using was the southbound lane. Those two lanes were divided with little orange cones, not the best marker IMHO. I could see how someone with a little impairment (tired/alcohol/crack/road head) could think they were driving in the left hand southbound lane when in fact they were in the northbound lane. Maybe thats what made it atypical.


Ok, that makes more sense.  I've encountered some very confusing lanes in road construction.  If a cone or two gets knocked down where they are shifting the lanes it can be very hard to know.

When you see big downward departures it's usually because while they were drunk the situation likely would have happened anyway had they been sober.

On the other hand I would like to see serious DUI offenses (or a second DUI offense, period) carry a lifetime no-alcohol probation requirement.  You've shown you can't handle it, give it up.
 
2013-06-19 04:15:26 PM  
fark this drunk driver -- I don't care if he's a grad student. He choose poorly and 60 days is a slap on the wrist. Manslaughter under the influence of alcohol should carry a minimum sentence of 3 years. This guy just farked up 4 people's live, and probably more just because he decided to have too many drinks and then go for a drive. These stories drive me nuts -- I live in Wisconsin and I hear all the time about farking retards getting 4th, 5th, 6th DUIs... How long before they kill somebody?

*End rant

Stories like these get to me because I've lost a friend to a drunk driver AND had a friend paralyzed from the waist down from a drunk driver -- both separate incidents.
 
2013-06-19 04:20:43 PM  

Mr.Poops: Stories like these get to me because I've lost a friend to a drunk driver AND had a friend paralyzed from the waist down from a drunk driver -- both separate incidents.


Really? They were BOTH separate incidents? I'm glad you clarified that, or I may have otherwise concluded that only one of the incidents was separate.
 
2013-06-19 04:25:13 PM  

quansem: /and your right, irregardless isn't quite proper English, even if it is in several dictionaries. I just like it better.

Um.. I don't think you should be commenting on the use of proper English...


Irregardless of his unproper use of English, he evertheless, for all intensive porposies, got his point acrossed.
 
2013-06-19 04:34:57 PM  
That is 60 days more than a drunk cop gets when he kills two people, so it is indeed a harsh punishment
 
2013-06-19 04:55:07 PM  

Somaticasual: Scrounger: Somaticasual: In fairness, at least this one got jailtime. The blond girl in Austin, however, was a travesty of justice. Left the girl to die on the side of the road while she went home and "slept it off" => innocent.

You mean this one?

AUSTIN (KXAN) - Gabrielle Nestande will serve 180 days in jail in the May 2011 hit-and-run death of Courtney Griffin, Judge Karen Sage ruled Monday.
The judge also ruled that the 25-year-old former state Capitol aide must write a letter of apology to the Griffin family and pay a $10,000 fine. Also, if she violates the terms of the 10-year probation -- which includes drinking or taking illegal drugs -- Nestande will go to prison, Sage said.

Yep, nestande. I guess I was unaware she had gotten some sort of probation deal, but in fairness that's still as light of a punishment as she could have gotten.

//granted, fark's resident alchoholics might disagree on the no-drinking punishment front..


I agree on that one.  She got off light.
 
2013-06-19 04:58:13 PM  
Yeah, I hate that someones family lost thier son and daughter but have you read the comments in the above linked obit?

"I am a friend of mikes from prison and i have been trhing to locate him."(sic)

Yeah don't think anyone was clean in this.
 
2013-06-19 05:30:49 PM  

Piizzadude: 60 days, years or decades?

DAYS?!?!?!!?!?!?!?!

I am against the draconian DUI laws in these here United States, but this should just be a double murder, just as sure as he loaded a gun and fired...


That's what drinking and driving is considered to be in most of the Blue States, but the Conservative Capitol of the US feels otherwise.  I could not even begin to imagine how getting loaded then getting in a car wreck can still be considered an "accident".

Even in Flori-duh, as Faarked up as it may be, the concept of "should have known better" extends to cases like this.  At the very least it's manslaughter.
 
2013-06-19 05:42:58 PM  
Good, he'll be easier to get at if he is out of jail.
 
2013-06-19 05:48:46 PM  

Turbo Cojones: At the very least it's manslaughter.


That's what he pled to.  It's involuntary manslaughter in most states because if you're going to argue that someone is so drunk they caused the accident, it's difficult to parse out that they were in control enough to commit the crime with malice aforethought.  Actually, absent running someone over or a road rage incident, it's difficult to prove that a person  intended to kill someone by causing a traffic accident, sober or otherwise.  Even worse, since it's well documented that being drunk impairs your judgement, it's very difficult to prove you intended to kill someone when you made the decision to drive, because you were already impaired.

Had he been sober but they could prove he wasn't paying attention to the road, it would have been the same charge.
 
2013-06-19 06:07:54 PM  

SheltemDragon: On the one hand, grad student. Theoretically amoung our best and the brightest. So trashing that future due to a reckless moment (I didn't see anything about this being a pattern behavior), irregardless of the damage all ready done is heaping harm on top of harm for society. And yesm the loss of two parents is a great amount of harm.

On the other hand, he was a drunken asshole who was well and truly blitzed.

If I was making the sentence (and the rules in general, I know I am breaking at least two big rules on sentencing here), I'd pull in his academic adviser and ask what the *minimum* amount of time it should take him to finish his degree is. Sentence him to house arrest for that period (with allowance to go to classes and graduate work), and put him on monitored work probation for the next ten years after with the condition that he must be continually employed in a position making at least 40% of median for his profession and remitting at least 30% of his wages to pay any resulting civil liability findings. If he's out of work involuntarily or under amount for more then 60 days, to jail. If he doesn't finish his degree on time, to jail. If he get in trouble again, for anything, to jail.

make it so he still has a future, even if it is basically at gun point, so he can provide the children of the people he negligently killed with one.

i'm thinking there might have been a point here, but I stopped reading at IRREGARDLESS !

 
2013-06-19 06:18:53 PM  

gfid: labman: 60 whole days. Wow.

How about this, chop off one of his hands and tell him if he's ever caught drinking and driving, he loses the other one.

Move to Saudi Arabia.

If he had crossed over the center line while sober you'd be saying what a tragedy it must be for this young man to have to live with knowing he killed 2 people.

What the linked article fails to mention is that this was a plea bargain.  It also fails to mention that it occurred in a construction zone which caused opposing lanes of traffic to be right next to each other.   And what of his 3 passengers? Should they not bear some responsibility too?

And of course, his sentence is not just 60 days.  There's more to it than that.

/just playing devil's advocate.


No, not at all. Unless he was forced to drive at gunpoint, then no. You are the captain of your ship (plane, train, boat or auto). You bear the ultimate responsibility of being in command. The judge should get 60 days for issuing that slap-in-the-face of a sentence.
 
2013-06-19 06:41:09 PM  
It's a good thing he didn't have a bag of weed.
 
2013-06-19 07:17:49 PM  
Guy here in the Florida Keys just got 30 years for a double DUI-manslaughter. Took three years to get through the system, but he's finally gone.
 
2013-06-19 07:56:55 PM  
Meh, I have trouble getting pissed about a graduate student getting a light sentence, especially if he's never done anything before. Just by being a graduate student, he proves himself more capable than most, and he isn't getting off with just the 60 days, either. Also, as others have noted, it was a poorly-marked construction area where it happened, so there was also state negligence for not clearly marking the lanes of traffic.

If we're going to get a judgy on the people he killed, they had several children out of wedlock and were engaged. Maybe he just killed some white trash, and it was no big loss until the headlines hit.
 
2013-06-19 08:10:53 PM  

Vector R: Meh, I have trouble getting pissed about a graduate student getting a light sentence, especially if he's never done anything before. Just by being a graduate student, he proves himself more capable than most, and he isn't getting off with just the 60 days, either. Also, as others have noted, it was a poorly-marked construction area where it happened, so there was also state negligence for not clearly marking the lanes of traffic.

If we're going to get a judgy on the people he killed, they had several children out of wedlock and were engaged. Maybe he just killed some white trash, and it was no big loss until the headlines hit.


Your post reminds me of an episode of Judging Amy, a show about a juvie judge, that was far better than it ever got credit for being. An ivy league bound, shiny clean white boy from a solid upper class family killed a homeless crazy man during some youthful hijinks. He had character letters from some very impressive people. He demonstrated appropriate remorse. It was only a homeless crazy man; did us all a favor, really. Everyone including the judge was all set to give him a slap on the wrist and wish him a fine life, until the prosecutor made one hell of a closing argument. It seems that "all men are created equal" means that in the eyes of the court, the life of that homeless, crazy man who would never have contributed to society is worth exactly no less, or more, than that sparkly Harvard bound rising star.

So you can argue that the lane change was not well marked, and that the accident may have happened anyway. The argument that he deserves a slap on the wrist followed by a pat on the head because he's better than the people he killed, however, is bullshiat.
 
2013-06-19 08:25:13 PM  

SheltemDragon: On the one hand, grad student. Theoretically amoung our best and the brightest. So trashing that future due to a reckless moment (I didn't see anything about this being a pattern behavior), irregardless of the damage all ready done is heaping harm on top of harm for society. And yesm the loss of two parents is a great amount of harm.

On the other hand, he was a drunken asshole who was well and truly blitzed.

If I was making the sentence (and the rules in general, I know I am breaking at least two big rules on sentencing here), I'd pull in his academic adviser and ask what the *minimum* amount of time it should take him to finish his degree is. Sentence him to house arrest for that period (with allowance to go to classes and graduate work), and put him on monitored work probation for the next ten years after with the condition that he must be continually employed in a position making at least 40% of median for his profession and remitting at least 30% of his wages to pay any resulting civil liability findings. If he's out of work involuntarily or under amount for more then 60 days, to jail. If he doesn't finish his degree on time, to jail. If he get in trouble again, for anything, to jail.

make it so he still has a future, even if it is basically at gun point, so he can provide the children of the people he negligently killed with one.


After this conviction, he's probably going to be thrown out of his department, his college, and any professional organizations he'd need to actually work in his field. Between that and this showing up on his background check, his career in anything professional is pretty much done.
 
2013-06-19 10:55:35 PM  
Speaking of Austin; we also had that ricer who was street racing who wiped out two women at a bus stop on their way to work. He got probation.

Our police chief was outraged at the Nastande sentence, as it happened shortly after the above incident. My buddy is a cop here. He says the ridiculous light sentences in Austin/Travis County are the worst part of his job.
 
2013-06-20 12:54:09 AM  

Marcus Aurelius: 1. Be rich.
2. Be white.
3. Hire a damned good lawyer.

That combination will get you out of almost anything.



upload.wikimedia.org

agrees.
 
2013-06-20 11:04:12 AM  
What position does he play?
 
2013-06-20 12:08:08 PM  

1bad65: Our police chief was outraged at the Nastande sentence, as it happened shortly after the above incident. My buddy is a cop here. He says the ridiculous light sentences in Austin/Travis County are the worst part of his job.


I think that our sentences are, on average, too long.  But yeah, you shouldn't be spending less time behind bars for killing somebody, if being behind bars is appropriate(IE it wasn't a truly unforseeable accident or self defense), than somebody caught with drugs, shoplifting, and the ilk.
 
2013-06-20 07:31:53 PM  

bigbobowski: SheltemDragon: On the one hand, grad student. Theoretically amoung our best and the brightest. So trashing that future due to a reckless moment (I didn't see anything about this being a pattern behavior), irregardless of the damage all ready done is heaping harm on top of harm for society. And yesm the loss of two parents is a great amount of harm.

On the other hand, he was a drunken asshole who was well and truly blitzed.

If I was making the sentence (and the rules in general, I know I am breaking at least two big rules on sentencing here), I'd pull in his academic adviser and ask what the *minimum* amount of time it should take him to finish his degree is. Sentence him to house arrest for that period (with allowance to go to classes and graduate work), and put him on monitored work probation for the next ten years after with the condition that he must be continually employed in a position making at least 40% of median for his profession and remitting at least 30% of his wages to pay any resulting civil liability findings. If he's out of work involuntarily or under amount for more then 60 days, to jail. If he doesn't finish his degree on time, to jail. If he get in trouble again, for anything, to jail.

make it so he still has a future, even if it is basically at gun point, so he can provide the children of the people he negligently killed with one.

i'm thinking there might have been a point here, but I stopped reading at IRREGARDLESS !


Hey Pot, you forgot to turn of italics. Love, Kettle.
 
2013-06-20 07:33:52 PM  

SheltemDragon: bigbobowski: SheltemDragon: On the one hand, grad student. Theoretically amoung our best and the brightest. So trashing that future due to a reckless moment (I didn't see anything about this being a pattern behavior), irregardless of the damage all ready done is heaping harm on top of harm for society. And yesm the loss of two parents is a great amount of harm.

On the other hand, he was a drunken asshole who was well and truly blitzed.

If I was making the sentence (and the rules in general, I know I am breaking at least two big rules on sentencing here), I'd pull in his academic adviser and ask what the *minimum* amount of time it should take him to finish his degree is. Sentence him to house arrest for that period (with allowance to go to classes and graduate work), and put him on monitored work probation for the next ten years after with the condition that he must be continually employed in a position making at least 40% of median for his profession and remitting at least 30% of his wages to pay any resulting civil liability findings. If he's out of work involuntarily or under amount for more then 60 days, to jail. If he doesn't finish his degree on time, to jail. If he get in trouble again, for anything, to jail.

make it so he still has a future, even if it is basically at gun point, so he can provide the children of the people he negligently killed with one.

i'm thinking there might have been a point here, but I stopped reading at IRREGARDLESS !

Hey Pot, you forgot to turn of italics. Love, Kettle.


"off." damn it so much.
 
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