Drunk Driver sentenced to 51 years for killing pitcher

[yeszir]

I wonder if the fact that he killed a well known athlete weighed on this guy's sentence.

[Dipre]

A horrible tragedy. He snuffed out three lives and ruined his own. As bad a problem as drunk driving is' date=' I think accidents due to cell phones and texting might actually surpass in number the drunk driving accidents. My wife have been in three accidents where our vehicle was totalled. One was a drunk stoned driver and the other two involved cell phone usage. Two of those collisions were very violent and we are lucky to have escaped relatively uninjured. I hate drunk drivers, but we should all equally hate these *******s that text and talk on the phone while driving.[/quote']

 

This. One hundred times this.

 

The girl i was "Dating" last semester and i had this argument constantly, she got pissed because i called texting "the downfall of human civilization" and i think i'm right, talking on the phone or texting while driving should be prohibited and harshly punished by law everywhere, because doing either impairs your judgment almost as much as if you were drinking, but it's even worse, like an epidemic, because a larger amount of people (just not dumbasses who drink and then drive). They should approve a law that enables officers to hit everyone who talks on their phone while driving with a hefty fine, and texting while driving should warrant immediate license removal.

[Spudboy]

One last thought on it. I believe that there needs to be irrefutable DNA evidence against the person.

 

Not applicable in this case. Unless the police f***ed-up at the crime scene and can't make a positive Id on the guy.

[bsox0407]

I wonder if the fact that he killed a well known athlete weighed on this guy's sentence.

 

Dante Stallworth?? Does that name mean anything. I think it played a factor in it. But also that it was his second DUI.

 

The thing about Stallworth is that the judge gave him 30 days in Prison for Manslaughter. States Mandatory DUI Manslaughter is 10 years in Prison. With the Max of life. A lawyer looking to make a name should fight this case. But since the money factor of paying off the Family has kept them from wanting real justice.

[italstallianion]

I wonder if the fact that he killed a well known athlete weighed on this guy's sentence.

 

 

Definitely. But I also believe this is at least his 3rd offense. We're not talking about a guy that "just made a mistake" as bsox put it. The guy has done this many times before. (Just not the killing part)

[bsox0407]

Not applicable in this case. Unless the police f***ed-up at the crime scene and can't make a positive Id on the guy.

 

This guy does not deserve it. You missed a lot of the posts i made if you did not already know that. I am not trying to be a dick because we all know that people are busy.

[Divinity]

Handing out the death penalty to drunk drivers and putting them in the same category as cold-blooded killers seems rather extreme. Spending the next 50+ years in prison and letting him reflect on his actions is

more just I'm my opinion.

 

http://a.espncdn.com/photo/2010/1222/mlb_a_gallo_sy_200.jpg

 

"I know whatever I say will not change anything or the way you think or feel about me," said Gallo, who faced the judge because he was not permitted to look at the courtroom audience.

 

"You're right. I am a horrible person, a drunk driver who took your beautiful kids away," he said.

[bsox0407]

Definitely. But I also believe this is at least his 3rd offense. We're not talking about a guy that "just made a mistake" as bsox put it. The guy has done this many times before. (Just not the killing part)

 

How many people do you know that have been pulled over for DUI more than once in their life. I need more than Both of my hands. Granted they are not 24 years old. All of the people i know who have more than one DUI are in their 40+. It was only the second one but it still doesn't make it right. I didn't mean to come off as just a mistake but comparative to someone who kills someone because of texting is worse as you said before.

[Dipre]

Dante Stallworth?? Does that name mean anything. I think it played a factor in it. But also that it was his second DUI.

 

The thing about Stallworth is that the judge gave him 30 days in Prison for Manslaughter. States Mandatory DUI Manslaughter is 10 years in Prison. With the Max of life. A lawyer looking to make a name should fight this case. But since the money factor of paying off the Family has kept them from wanting real justice.

 

You're misinterpreting the law, Chris, and are failing to note the specifics of the case.

 

The problem with this "minimum" of 10 years, is that there are many "factors" which help the culprit avoid the "minimum" charge, given the necessity to prove that there was criminal negligence, which is a very fact specific charge, when you combine that with the family's willingness to accept the plea bargain offered by Stallworth's side, his lack of a previous criminal record, cooperation with the la enforcement individuals, and willingness to accept responsibility, i'm not surprised he "got off easy".

 

I'd like to say that this doesn't mean i agree with him getting off the hook, but it's just the way the law works, and having money always helps get away with this kind of stuff.

[Spudboy]

I feel better knowing that "The State" will pay for his incarceration.

 

The guy may not have acted with malice, but his actions certainly were premeditated (by my standards). He got hammered (his decision) and drove a car under the influence (again, his decision). His actions resulted in the deaths of three people. He knew before hand that what he was doing was not only illegal, but likely to cause injury to others. As far as I'm concerned he forfeited his right to live when he got in that car drunk.

 

I'm not an advocate of the death penalty. But there should be more severe punishment for some crimes. This, I believe, is one of them.

 

Also, last spring I voiced objection to a fan being tased for running on the field during a baseball game. I stated that it was excessive force. I was the only one to voice objection. It was stupid to run onto the field. But no harm was done.

 

Now a guy has killed three people and people here believe the death penalty is unwarranted. Strange.

[br3ds0x]

the death penalty is a cruel and unusual punishment. life is the most precious thing we have, and to take it away from someone is extreme. we are one of the few countries left in the world that still use it, let alone the increasing number of US states that are writing it off of their law books. the death penalty is so ancient and barbaric - can't a nation like ours find a better way to punish and even further -- remediate our criminals? i think so. it's really small minded.

now i know what many will say - yes life is precious and it is a cruel and unusual punishment but isnt that exactly what this man took away from those he killed?! along with ruining the lives of their surviving family members?! YES. i agree with this 100%. but i still believe in my core upbringing that two wrongs do not make a right. i would much rather see this man rot in jail for the rest of his life and have to contemplate every single day why he was locked in that cell, and what he did wrong. death would be just a sweet release from a life of nothingness. plus, if you think that this man deserves exactly the punsihment he gave to them, then youll have to recreate the exact time and place, and have some other drunk driver smash into him etc. etc.

Sentencing people to give their lives because they took someone else’s does not bring the other person back and does not take away from the pain the victims loved ones are feeling, it just creates more pain for the criminal and his loved ones.

 

 

....need i continue?

 

since this happened in CA, this discussion is pretty much written off because CA doesnt allow for the death penalty anyways! so maximum sentence is the most extreme punsihment legally recognized in CA anyways.

 

 

Uhh, California does have the death penalty. It would not be a possible punishment for this crime, as this is not murder with special circumstances, but California does indeed have the death penalty, even if it takes us 20 years to actually follow thru on it.

 

I have no problem with the death penalty at all. Why should we pay for these people to get 3 meals a day for the rest of their lives?

[a700hitter]

I feel better knowing that "The State" will pay for his incarceration.

 

The guy may not have acted with malice, but his actions certainly were premeditated (by my standards). He got hammered (his decision) and drove a car under the influence (again, his decision). His actions resulted in the deaths of three people. He knew before hand that what he was doing was not only illegal, but likely to cause injury to others. As far as I'm concerned he forfeited his right to live when he got in that car drunk.

 

I'm not an advocate of the death penalty. But there should be more severe punishment for some crimes. This, I believe, is one of them.

 

Also, last spring I voiced objection to a fan being tased for running on the field during a baseball game. I stated that it was excessive force. I was the only one to voice objection. It was stupid to run onto the field. But no harm was done.

 

Now a guy has killed three people and people here believe the death penalty is unwarranted. Strange.

Premeditation or malice aforethought is a very specific state of mind that must be present for first degree murder eligible for the death penalty. There must be a specific intent to kill someone. A few years ago some kid in my town got juiced up and got the bright idea of throwing a frozen turkey from his car at an oncoming car. The turkey slammed into the windshield at the combined speed of the two cars-- probably 80-100 mph and crushed the drivers head and killed her. Even a deliberate and idiotic act like this did not arise to malice aforethought. In my mind, this act of total recklessness comes closer to the necessary requirement for malice than a drunk driver. There are thousands upon thousands of drunk drivers that have been arrested who didn't kill anyone. Yes, the probability that a drunk driver will kill someone is much much higher than the probability of a sober driver, but it is not as likely as the risk of death from throwing a boulder (i.e. frozen turkey) into the windshield of an oncoming vehicle. Malice aforethought is a very hard element to prove.

[EXman369]

Uhh, California does have the death penalty. It would not be a possible punishment for this crime, as this is not murder with special circumstances, but California does indeed have the death penalty, even if it takes us 20 years to actually follow thru on it.

 

I have no problem with the death penalty at all. Why should we pay for these people to get 3 meals a day for the rest of their lives?

 

------

 

before you reference my misinformed statement read the whole thread. ive addressed this already so read up. thanks.

 

 

as for "pay for his three meals"....seriously give me a break.

 

i hope you understand the lameness of this statement -- just brushing the surface, prison meals are NOT that expensive, and you would be paying for his execution, which is a reasonable amount of money (i do not know the exact amount). furthermore, most inmates sit on death row for years, so you'll be "paying" for his "three meals a day" for years, and then "pay" for his execution in addition.

[EXman369]

Premeditation or malice aforethought is a very specific state of mind that must be present for first degree murder eligible for the death penalty. There must be a specific intent to kill someone. A few years ago some kid in my town got juiced up and got the bright idea of throwing a frozen turkey from his car at an oncoming car. The turkey slammed into the windshield at the combined speed of the two cars-- probably 80-100 mph and crushed the drivers head and killed her. Even a deliberate and idiotic act like this did not arise to malice aforethought. In my mind' date=' this act of total recklessness comes closer to the necessary requirement for malice than a drunk driver. There are thousands upon thousands of drunk drivers that have been arrested who didn't kill anyone. Yes, the probability that a drunk driver will kill someone is much much higher than the probability of a sober driver, but it is not as likely as the risk of death from throwing a boulder (i.e. frozen turkey) into the windshield of an oncoming vehicle. Malice aforethought is a very hard element to prove.[/quote']

 

correct, this was not premeditated. premeditation in reference to this tragedy would mean this man saying "im going to go get so drunk, then drive, and deliberately crash into so and so and kill them". clearly not the case.