We had two in Tarrant County yesterday.
The first one involved the lady above, who was allegedly drunk at 10:40 in the morning, and who has now been charged with murder. Normally, the charge would be Intoxication Manslaughter, a second degree felony, which carries with it a range of punishment of 2 to 20 years. But the State was able to get creative and charge her with first degree murder because, while she was committing a felony, she also committed "an act clearly dangerous to human life that causes the death of an individual." Penal Code § 19.02(a)(3). So what was the underlying felony she was committing since DWI is normally a misdemeanor? Felony DWI. DWI gets ramped up to a felony if a person has at least two prior convictions for DWI and the State says she has that history. (It's confusing, but this charge happens all the time in this situation.)
The other motorcycle death allegedly involved the cyclist doing something reckless when he ran into a FedEx tractor-trailer. I'm told that the driver of the truck is a Wise County resident.
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8.12.2009
Motorcycle Deaths Update
We had two in Tarrant County yesterday.
The first one involved the lady above, who was allegedly drunk at 10:40 in the morning, and who has now been charged with murder. Normally, the charge would be Intoxication Manslaughter, a second degree felony, which carries with it a range of punishment of 2 to 20 years. But the State was able to get creative and charge her with first degree murder because, while she was committing a felony, she also committed "an act clearly dangerous to human life that causes the death of an individual." Penal Code § 19.02(a)(3). So what was the underlying felony she was committing since DWI is normally a misdemeanor? Felony DWI. DWI gets ramped up to a felony if a person has at least two prior convictions for DWI and the State says she has that history. (It's confusing, but this charge happens all the time in this situation.)
The other motorcycle death allegedly involved the cyclist doing something reckless when he ran into a FedEx tractor-trailer. I'm told that the driver of the truck is a Wise County resident.
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37 comments:
that is a very unfortunate mugshot. murder seems a bit extreme to me (as a layperson), since there was no intent. but this is clearly a person who repeatedly makes bad decisions that endanger others' lives. throw the book.
future wifey # 10 ?
Wonder if she thinks her drinking was all worth it, now?
Did you read that the victim had bought the cycle on Monday so that he could ride with the Patriot Guard at our soldier's funerals? His USMC nephew had been laid to rest Saturday and he had been impressed by the Guard. Sad, just sad.
Did you catch this in one of the comments?
"Bill was my ex-brother-in-law. His son, my nephew, was the proud Marine laid to rest Saturday. Bill was so impressed by the Patriot Riders that he bought the motorcycle Monday to become one of them. It is a shame that his dream cannot become reality because of the reality of a drunk driver."
No sympathy here for REPEATED DWI drivers, and then someone gets killed and they get hit with "ramped up" offenses. That's why DWI is an offense in the first place. DWI. IS. DANGEROUS. TO. HUMAN. LIFE! DUH!!!
Are you sure that's a woman? Just sayin'.
Wasn't soz arguing that we should drop the drinking age limit the other day?
Yeah....good call there
"Father of the Year".
Let's go ahead and get the kids started earlier.
Soz,
I'd imagine that most mugshots are unfortunate.
I can assure you that if that if she killed my family my mugshot would be the one Barry posted....and you couldn't find a jury that would convict me.
"that is a very unfortunate mugshot. murder seems a bit extreme to me (as a layperson), since there was no intent. but this is clearly a person who repeatedly makes bad decisions that endanger others' lives. throw the book."
The book should have been thrown long ago.
This one may get nominated for "LLLDQ Dumbest post of the Day" trophy.
Are you sure that isn't a pic of the deceased?
I don't believe drinking and driving should be illegal. In fact being totally drunk and killing someone on a motorcycle isn't so terrible as to waste our judicial resources. But being that damn ugly should warrant immediate death by stoning. And bring some BIG rocks guys. That's some pretty powerful ugly she's got going on.
How naive you must be to not realize it doesn't matter WHAT the drinking age is.
You know....my parents were naive like that too.
2:22 I hope you never have to deal with such a tragedy. You are a real piece of work!!!!!!!! I would be ashamed to post such a thing and you should be too.
225 - no kidding. she looks a little older than 18, which only reinforces my previous point.
and, as a woman who was referred to as "uncle sue" for my nephews first several years of life, i appreciate the "father" of the year nod.
213 - i agree with your sentiment.
very sad about the cyclist who died, and the pain his family must be going through at the loss of two loved ones.
216 - quit flirting with me.
The price of riding "cage" free. Sure it's cool, but one mistake on anothers part and your chances of survival are slim.
2:43----
Chill, it was a joke. Did you leave your sense of humor in the voting booth after chalking one up for Obama? Too bad, cause now the joke's on you.
Insincerely....twotwentytwo
Still looks hammered to me.
Someday I'm gonna get a job and quit playing on this blog. I don't seem to be making much money here.
"225 - no kidding. she looks a little older than 18, which only reinforces my previous point."
WTF.....that lady looks 50 yo!
Soz, sorry I wasn't clear about who or what I meant. My post was directed at 2:10 not you.
It had nothing to do with the lady in the pic.
What I meant was….raising or lowering the drinking age does not keep kids from drinking before the set limit. It's very naive for anyone to believe it does.
Everytime I look at that gals pic I cannot believe she is only 50.
Sad
That is not my favorite "Afternoon Pick Me Up" for sure. Well, I might have a chance to nail this one though. Sweet.
Barry is just gathering ideas for future cases.
Let's don't hand feed those to him on his blog.
Let him "think" for himself.
He can still do that, since senility hasn't crept in yet, though it is gradually creeping in...
...sorry about your age BG!
OMG!!! Her mug shot is....OMG! Are you sure she isn't DEAD? She's only 50? Ugh! That is pitiful. Put her away, forever!
murder is a great thing in this case thank god she only killed one person. for those who think murder is a bit extreeme look at it this way she choose to drink she choose to drive therefore she choose to kill i pray for this family and hope that the lord comforts them
Jesus probably does not love her anymore. Maybe He never did beings she is a a drinker and all. He will probably not forgive her of her sins either. May she rot in Hell!
TAKS test! TAKS test! school is starting! TAKS test! yeeeeaaaaaooooo no no no no!
So say a man walked into a crowded room with a loaded gun and randomly discharged it into the crowd, if he killed someone would it be murder?
It is sad what this woman has done to herself and to her family and now to another family. She has made a life of bad choice and now one too many. She is to be pitied.
i guess to some people it just doesnt matter. go get drunk and drive, maybe kill someone maybe not. find a lawyer and he/she will get you off and you can do it again. i have often wondered if a lawyer would feel bad if one of the drunks he/she got off killed a family member of theirs while driving drunk. it always seems to me to be the police that are out there harrassing these poor drunk drivers. if i had my way, i would send them all of to jail. but if we did that, what would the lawyers do? get em off and i will keep putting them in jail. i guess berry and i are like partners, i arrest them and he gets them off, i arrest them he gets them off, i arrest..........
i had a brother killed by a drunk driver so i guess that is one reason i like to put them in jail. berry i hope to god you dont have to deal with a drunk killing a family member i really do. it sucks, sucks real bad. oh but it was okay for the drunk to get ff because the officer forgot to cross a "T" in his report or god forbid he made a mistake and put july 14 when it was really july 4.
Is it 420 yet?
How can soz claim that there was no intent? Did that beast confide in him as she was in the act of running over the motorcycle rider?
ok. by 'him' are you referring to 'soz'? soz is a chick goddammit. and do you really think for a second that a drunk driver has any other 'intent' than getting the hell home without getting pulled over???
I am not, mind you, offering a defense of drunk driving. I am, however, arguing that a death as the result of the crime of drunk driving should not be tried under the same offense as someone who points a gun at another person knowing the direct result of pulling the trigger, who pulls it anyway. I know, drinking and driving is a loaded gun. but if you want to argue that venue, you may also want to reevaluate your conservative opinion on tort reform because you're opening a door you don't want to walk thru.
want to send a father to prison for life for fallig asleep at the wheel with his kid in the car? that's criminal negligence!!!! intent be damned! I could go on. it must be nice to live a life where your mistakes never impact you or anyone else in the entire world. and before you jump on me (metaphorically of course, unless you're my cute little hate fan club guy), read my first post. no excuse, throw the book, yada yada yada. I'm just sayin', I've seen murder, and this ain't murder. I am NOT saying this person is worth the time we've all spent spewing bs over this horrible turn of events. nor am I arguing that the family of the man killed by her flagrant disregard for COMMON SENSE should want anything less than her to be tried for murder. I would too. I'm just sayin it ain't murder. she'll probably get convicted though. fine with me. (but it ain't murder)
(typo nazis, this is from my phone an this shit is hard to type on so suck it.)
I'm curious, and I mean this seriously. had the motorcyclist who was killed by this lame excuse for a perosn not died, would she, COULD she, be charged with attempted murder? you don't hear of that too much. I wonder why? again, I mean that in earnest. why do we get so up in arms over a death but not so much over all the other devastating effects of drunk driving? has any drunk driver ever been charged with attempted murder? I know aggravated assault, but to follow logic, surely attempted murder must be out there somewhere. but I've never heard of it.
Alcohol makes you look PRETTY! ???
this bitch was in the process of committing a felony not a pissant crime but a FELONY when she ran this man over therefore since it happened during the comission of the felony she is gulity of murder. it is my belief that someone should have shot the bitch on sight for this crime.
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