blank'/> Liberally Lean From The Land Of Dairy Queen: Sometimes The Issues Are Buried

1.31.2009

Sometimes The Issues Are Buried

Since I do this stuff for a living, certain headlines grab my attention. This one did today. The lady had been sentenced for Intoxication Manslaughter which is a Second Degree felony carrying with it a 2 to 20 year sentence. So my initial reaction was that she had received the maximum --- until the story told me that the prosecutor had asked for 50 years. That confused me. But buried in the story was the answer: "She’s led a productive life since her drug conviction almost 18 years ago," her lawyer said. So a silly drug conviction changed things dramatically. First, the conviction allowed the Intoxication Manslaughter to be enhanced to a First Degree Felony carrying with it a range of 5 years to Life in prison. (Explaining why the prosecutor asked for 50 years.) Secondly, the prior conviction caused her to have the judge assess punishment instead of a jury because a jury cannot give probation to a person with a prior felony conviction (although a judge can.) So if she wanted to beg for probation, she could only beg to a judge, not a jury. The problem is that there is no statute of limitations for the use of prior convictions. A penny-ante dope conviction at age 20 can come back to haunt you at age 50.

26 comments:

Anonymous said...

Maybe the reason priors can be considered is that it demonstrates a tendency, an enhanced risk for society. There's a dead guy whose last memory is mowing his lawn that might agree. Or are we to think that she was not getting drunk and doing dope for 18 years before one day getting drunk again.

Anonymous said...

So she gets drunk and kills a guy.

She previously has a drug conviction.

....and we are only giving her 20 years???

If there is any justice she will not last her first two weeks in there.

Anonymous said...

BG, do the math, her drug conviction was at 32 years old. Where did it say it was a penny-ante conviction, you have no idea. Why is it ok with you for people to get drunk and drive? Everyone knows it impairs reflex and judgement, just because a large number of people do it daily does not make it less dangerous or destructive. It is not a mistake, it is a deliberate act. I invite you to spend a day with someone who has to deal with the results of a drunk driver.

Anonymous said...

She's Ugly...GUILTY...NEXT!

bigfan said...

10:28
ol' Bare does deal with people who are affected by drunk drivers. The Drunk Driver. It's not to blame him for his choice to defend them. Every one has the right to the best possible defense, and i believe ol' bare does a pretty good job. It's all about perspective. If he gets the guy off, he makes a bunch of cash, the guy doesn't learn his lesson, and get's another one, hopefully not killing someone. ol'bare pockets more cash, and the guy goes away. in his view, it's good business, because people are not going to change. In my business, i take them every chance i get. if they get off, they'll do it again, and i'll put them back in. It is sad, that people do die in such an unnecassary way, but don't be blaming ol' bare, he has future ex-wives to pay for!

and i'm glad she got so many years. this time, we all win

Anonymous said...

It's funny that BG is such a man-of-the-people, but hates trial lawyers. He is for protecting the rights of the drunk that kills someone (I understand), but he is generally against the family of the dead if they sue (huh?).

soz said...

that sucks.

oh, and all you guys talking smack bc she was drunk...uh, do you talk on your phone while you drive?

http://news.cnet.com/8301-10784_3-6090342-7.html

Anonymous said...

well said 10:28, well said. and Barry, please with all due respect you would have used the same tactics the prosecutors use, if you got ammunition, use it.

Anon said...

Must confess - been a blogstalker on a certain group of Wise County blogs for a couple of years. I have read (and viewed) lots of shocking, controversial and downright disgusting things here which, by the way, i have become strangely addicted to and which I think is oddly entertaining, funny and can sometimes border the bazaar. With that being said, I have never felt any urge to post anything, comment or otherwise, but this story/article and the comments already left really make me think about this - (1) the state should not be able to enhance this charge based upon her conviction 20 years ago - flat out. You insinuate that BG thinks driving while drinking/under influence is ok - for the love of god, or whomever your higher power may be, how crazy is that. For all the "what if it was your ...: arguments - doesn't fly with me - When I was 15 my father was hit and killed by a 20 year old driver taking drugs, RX by the way - but way too many. Is it right - no; is it fair - no; it is life - and had I taken a stance such as some of these people on this blog, I would be one bitter soul. This is not the first time I have read comments on this subject here. I am against drunk driving / driving under the influence and yes, if a drunk driver were to hit one of my children or someone in my family today, I would be crushed and feel that much stronger about it - but it is not that cut and dry. Period.

Anonymous said...

barry, if u cant post about good looking people , dont post at all.

Anonymous said...

The lady got drunk....
killed a man....
Get a rope.

If this ever happens to one of my family members, the topic of converation on this blog will be about what my sentence should be.

soz said...

well said, 327.

Anonymous said...

No, I do not talk on the cell phone when I drive. I have no problem with BG representing them, they need a good lawyer and I understand he is good. His remarks imply that punishment for drinking and driving and hurting or killing someone are way to harsh regardless of the results of their action. He is more sympathetic to the defendant and always has been.

Anonymous said...

What if I shot a gun in the air in a public place and recieved a citation for it 18 years ago and did it again today and that shot hit someone and killed them. Should I be sentenced to a longer term?

Anonymous said...

Maybe the judge didn't like her attitude, or the way she begged. We never hear that part of the story now do we?

Anonymous said...

remind's me of another lawer that made a name defending drunk drivers;was killed by one down by houston.That reminded me of a cartoon I saw where an eagle was flying off with a poodle ;the woman was screaming (O God) the man was screaming YES YES. one ex drunken dago.

Anonymous said...

4:57 Isaw it happen once.Drunk illegal ran over a child in his own yard;got two years probated.The father killed him later with a shotgun;got ten years to do. Violated his civil rights.Should have shot the lawer first. dago

Anonymous said...

HeeeeEEEEEHAAAAAAWWWwwwww!!!!!!!!
The Rednecks have spoken.

Anonymous said...

She is uglier than all the ho's in your "Tampa girls" post put together. She's fugly.

Anonymous said...

bazaar - –noun 1. a marketplace or shopping quarter, esp. one in the Middle East.
2. a sale of miscellaneous contributed articles to benefit some charity, cause, organization, etc.
3. a store in which many kinds of goods are offered for sale; department store

You wanted to use the word bizarre.

Anonymous said...

In many countries she would have been executed for the drug conviction. But democracy gave her a chance. 20 yrs. later she did not learn her lesson and killed someone. If it was your husband, wife or child you would "probably" believed this sentence was too light. You may even think the death penalty was justified. Eye for an Eye.....

Anon said...

7:15 - Oops - so right! I got a big laugh today when I read it again - but not sure whether it was because I typed bazaar instead of bizarre or whether the correction was so detailed - but thanks again for the heads up.... my bad.

Anonymous said...

My vote would be for the death penalty or maybe make her Barry's sexitary.

Anonymous said...

Barry, where are you? And what happened to the funny news video with the mistaken identity photo? You gave us a laugh, then you took it away. Why oh why???

Anonymous said...

"Sometimes the issues are buried"

So are the victims.

All the while, the scum remains.

Anonymous said...

Everyone of you that drink could be in her place- just a natural fact and you know it.