I'm amused by all of the people who believe they know how this case should turn out. I'm informed by the fact that people on here who actually spend time in courtrooms, in the due course of their profession, however, say that it could go either way.
If someone in the drunk guys family would Jack Ruby the Dad outside the hearing, then justice would be done.
then someone else from the Dad's family could whack someone from drunk guy's family because of the courthouse steps killing.
Then Drunk Guy's family could exact revenge on Dad's family because of the revenge killing at the courthouse.
Then Dad's family...aww **** it.
I'm not deciding either way, as I don't have all of the facts.
if this goes to trial, he wont see a day behind bars.
I'd vote to acquit. Criminal punishment is about protection and/or rehabilitation. I don't think we need protection from Mr. Barajas (unless he has more kids) and rehabilitation seems unnecessary as well. Send him home to grieve.
Well, some version of "we" is likely going to judge him, but hopefully that will occur after a complete recitation of the facts, rather than the limited information that is required on a message board to determine if someone should rot in the pen.
I don't think an insanity plea or defense can go to a jury. It would have to be correlated with a plea bargain.
You guize make
It was a senseless and foolish, unjustifiable killing. (I can sympathize, but that is about it)
Forget the gun...go home or take out your trusty Old Timer pocket knife, cut his sack and run his leg throught it,then let the law have whats left of him.
I don't have to tell you adrenalin does not equal insanity. If adrenalin was enough, or anger, or emotion, the number of M1 convictions in this country would be a fraction of what it is today.
As I said before, it's hard for me to Forster a scenario where this gentlemen doesn't do significant jail time.
late to the party. nothing really new to add. no way this guy doesn't do some jail time. there is no way a precedence can be set where murder is ok. where's the line? 2 kids dead, it's fine. 2 kids chronically injured? fine or not fine?
I would not begin to suggest that I think his actions where right. Were I on the jury I would not vote to convict him of anything worse than possibly jay-walking on his way to his house to get the gun.
The possibility exists that the DA is charging him with 1st degree murder BECAUSE he knows he'll never get a conviction. The DA is seen doing his job and charging someone who committed a crime, and he doesn't have to worry that it will lead to putting a man in jail who doesn't need to be there.
Well no the less I will follow a long and let y'all know what happens. This thread has been interesting. I think my favorite part is where KC can't stand to agree with anything I post so much he agreed with OOO =)
Also KC is like my 6 or 7th favorite poster maybe my 2-3rd old dude poster
I'm glad you have an open mind
I wrote a short story similar to this situation that was published in the anthology "2012: Final Prayer."
Shameless plug: available at Amazon!