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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 10:48:15 AM   
tazzygirl


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quote:

ORIGINAL: Kirata


quote:

ORIGINAL: tazzygirl

Nelson, 30 and African-American, was convicted on the charge this week by six jurors who were not her peers: All were middle-class whites, and none had ever taken a bus in metro Atlanta. In other words, none had ever been in Nelson’s shoes:

Told you this was a bizarre case.

Bizarre is right...

Jones, the wealthy 30 year old heir of a banking family, was convicted of murder this week by twelve jurors who were not his peers: All were middle-class, worked for a living, and none had ever felt provoked to kill anyone. In other words, none had ever been in Jones' shoes.

K.




Whats bizarre about that scenario is the fact that he ever went to trial.

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 10:49:10 AM   
Ishtarr


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quote:

ORIGINAL: tazzygirl


quote:

ORIGINAL: Ishtarr


quote:

ORIGINAL: tazzygirl

If the driver had been obeying the laws, he would not have hit the kid. That was the "push".

As I said, she was wrong in her decision. But I dont believe her decision caused the child's death alone. And for her to get more time than the driver...

Its no wonder she got a new trial.


That isn't for sure.
It could have very possible have been a case of a person driving with the utmost care and obeying the law to the letter, and this kid, who RAN out in traffic, just ran in front of their car, with nothing they could have done to stop.
In that case, not only would the mother have the death of her son on her conscious, she would also have ruined the life and sleep of a perfectly innocent driver.
The fact that the driver in this case wasn't innocent is a coincident, and has no bearing on the guilt of the mother.

Of course she's getting more than the driver... she encouraged her 4 year old son to run out in traffic while carrying a fish.


But that isnt the case. We can do "what ifs" all day. It doesnt change the facts.


The fact that the driver in this case was also in fault is purely coincidental.
It doesn't change the fact that she was more in fault than he was.

I'm not saying the driver shouldn't be punished, but I don't think he was as much in fault as she was, and therefore, I completely understand her getting a harder punishment.

< Message edited by Ishtarr -- 11/17/2011 10:54:20 AM >

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 10:55:27 AM   
tazzygirl


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Status: offline 		“Jaywalking” is not a legal term and does not appear in the Georgia Code. Even so, people often use “jaywalking” to describe a pedestrian crossing outside of a crosswalk. In fact, crossing the street outside of a crosswalk is perfectly LEGAL in most places, as long as the pedestrians yield to traffic. These images illustrate the law.

http://peds.org/resources/pedestrian_right_of_way/



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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 10:59:15 AM   
tazzygirl


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quote:

I'm not saying the driver shouldn't be punished, but I don't think he was as much in fault as she was, and therefore, I completely understand her getting a harder punishment.


He was impaired behind the wheel.

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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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Profile   Post #: 24
RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 11:03:36 AM   
Ishtarr


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quote:

ORIGINAL: tazzygirl

quote:

I'm not saying the driver shouldn't be punished, but I don't think he was as much in fault as she was, and therefore, I completely understand her getting a harder punishment.


He was impaired behind the wheel.


So what?
Does the fact that he did something wrong somehow make the she did nothing wrong?

She crossed that street with her kids like that every time they took that bus. Which was a lot, considering they don't have a car.
It's a miracle it didn't happen sooner. But it would have... eventually, and if it didn't, it would have been a miracle as well.

She endangered her kids on a frequent basis because she wanted to save a moment of her time. She's at fault, and the driver's fault does not in any way shape or form lighten her own fault.

The driver's fault is a completely separate issue from the mother's fault, and neither one's faults impacts the other's.

< Message edited by Ishtarr -- 11/17/2011 11:05:29 AM >

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 11:10:09 AM   
tazzygirl


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Status: offline 		Did I ever say she didnt? But placing the full brunt of culpability onto her is wrong.

quote:

It's a miracle it didn't happen sooner. But it would have... eventually, and if it didn't, it would have been a miracle as well.


How do you know it "would have"? A crystal ball?

quote:

She endangered her kids on a frequent basis because she wanted to save a moment of her time. She's at fault, and the driver's fault does not in any way shape or form lighten her own fault.


Frequent basis? Are you once again conferring with that crystal ball?

You are assuming a many things in this case.

He has a history of these hit and runs.

If the Judge saw nothing wrong with the results of the trial, ask your crystal ball why the Judge offered a new trial.

Also, according to the state law, what she did was not illegal. Too bad the same cannot be said about the driver.

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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
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Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 11:53:02 AM   
Zonie63


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quote:

ORIGINAL: xssve

I would say the city would have to accept some liability if there is a need for a crosswalk at that intersection.



After I saw the article with the picture of the actual intersection, as well as looking over the road on Google Maps, it seem that there are a lot of businesses, houses, and apartment buildings all along that road. Perhaps a 50 mph speed limit is too high and should be lowered. There also doesn't appear to be any diamond-shaped warning signs indicating cross streets. It didn't look like there were any street lights, either.



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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 11:56:49 AM   
Ishtarr


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quote:

ORIGINAL: tazzygirl

Frequent basis? Are you once again conferring with that crystal ball?




She admitted this herself in one of the other articles I've read on the case.

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 1:08:20 PM   
calamitysandra


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Status: offline 		This case sounded familiar, so I went digging and found this:

http://www.collarchat.com/m_3783698/mpage_1/key_bus%252Ckilled%252Cjaywalking/tm.htm#3783698




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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 2:34:37 PM   
tazzygirl


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quote:

ORIGINAL: Ishtarr


quote:

ORIGINAL: tazzygirl

Frequent basis? Are you once again conferring with that crystal ball?




She admitted this herself in one of the other articles I've read on the case.



If the Judge saw nothing wrong with the results of the trial, why did the Judge offer a new trial.



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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Ishtarr)
Profile   Post #: 30
RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 3:20:08 PM   
JstAnotherSub


Posts: 6174
Status: offline 		The place she chose to cross Austell Road is a very high traffic road, but it does have a median, and it is not on a hill with any kind of vision blockage of traffic.

Honest to gawd I can't see how she could have gotten hit, without showing major negligence.

But, losing ya kid is a prison all in its self, I would imagine.


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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 3:22:05 PM   
JstAnotherSub


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quote:

ORIGINAL: Iamsemisweet

The judge must have been distracted by someone breastfeeding in the court room


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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 4:24:54 PM   
Ishtarr


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quote:

ORIGINAL: tazzygirl


quote:

ORIGINAL: Ishtarr


quote:

ORIGINAL: tazzygirl

Frequent basis? Are you once again conferring with that crystal ball?




She admitted this herself in one of the other articles I've read on the case.



If the Judge saw nothing wrong with the results of the trial, why did the Judge offer a new trial.




I don't know, I'm not the judge. What does that have to do with her repeatedly endangering her children because she was to lazy to make a detour?

Are you suggesting that judges are incapable of error?
Besides that, there are a whole bunch of reasons the judge may have granted her a new trial that have nothing to do with the judge thinking she is innocent.


< Message edited by Ishtarr -- 11/17/2011 4:26:09 PM >

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 4:40:13 PM   
kdsub


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Status: offline 		There is no doubt she was a contributor to the death of her child...but is that not punishment enough?

Butch

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 4:53:09 PM   
tj444


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Status: offline 		What Ishtarr said, I totally agree...

Every time i see an adult teaching a little kid to jaywalk i friggin cringe.. Its dangerous and its teaching kids disrespect for laws and that the laws dont apply to them, go ahead, break them whenever you want..

I am pretty sure this case was discussed on this forum way back this summer already.. it sounds very familiar..

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 4:55:37 PM   
barelynangel


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Status: offline 		Nevermind lol CalamityJane found the thread i couldn't find.

angel

< Message edited by barelynangel -- 11/17/2011 4:57:04 PM >

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 4:56:53 PM   
TheFireWithinMe


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quote:

ORIGINAL: barelynangel

Okay, is anyone else thinking that this case was discussed in another thread?  Wasn't this the mother who got off a bus and crossed at the bus stop instead of walking 3/4 of a mile either way to cross at the cross walk and the kid ran out in the middle of the street once they reached the middle median?

I swear there was a thread about this before.

angel

Same case so I guess this is an update of sorts.


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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 5:11:47 PM   
Ishtarr


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quote:

ORIGINAL: kdsub

There is no doubt she was a contributor to the death of her child...but is that not punishment enough?

Butch


I personally feel that jail time should be only for those that are and active threat to society. Jail for me is a tool to protect society from dangerous people and I don't believe it's effective as a tool for punishment, nor that it should be used as such.
So from that point of view, I'm perfectly fine with her not getting jail time or such for this, she lost her son, she's been punished for that act by that act.

Social services should make sure that she's no longer and active threat to her other children and check if she doesn't deliberately endanger them too. If not, what she did shouldn't even impact her relationship to her other children as far as I'm concerned.

However, the fact that I don't feel that she should be punished doesn't mean that I don't feel that she's guilty of at the very least serious child neglect and endangerment and homicide.

< Message edited by Ishtarr -- 11/17/2011 5:13:06 PM >

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Hör wie es schreit!

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 5:21:00 PM   
barelynangel


Posts: 6233
Status: offline 		Tazzy, What i believe in the charging was vehicular manslaughter because that is what was used to kill the child.  She wasn't in control of the vehicule but she put the child in the situation wherein a vehicule could be used to harm.  That is all the vehicular means, and on many levels vehicular manslaughter is better than manslaughter, which is the other option they could have hit her with. 

angel

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RE: Pedestrian convicted of vehicular homicide in own c... - 11/17/2011 8:43:00 PM   
Duskypearls


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Status: offline 		"The judge must have been distracted by someone breastfeeding in the court room."

VERY funny, Iamsemisweet!!!

< Message edited by Duskypearls -- 11/17/2011 8:45:38 PM >

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