6.14.2012

Random Thursday Morning Thoughts



  • It's bad enough that four people were arrested in the 82-year-old-man-tied-up case. But it ought to be embarrassing to them that it took four of them to pull it off.
  • "DPS hopes to speed driver's license process with megacenters." I bet they screw it up. 
  • Abraham Lincoln: Vampire Hunter makes my brain want to explode.
  • The guy in Houston who videotaped him killing a party-goer from his noisy neighbor's house (I mentioned it last week) was convicted yesterday of murder. I'm kind of surprised.
  • There was a "perfect game" last night in the Giants/Astros game. And former Ranger R.A. Dickey had a one-hitter.  When did pitching become so easy? 
  • The Dallas Morning News has a big story  (which is really interesting) on a gal who allegedly faked having an SMU law degree  but I'm not sure how it's newsworthy because she hasn't tried to practice law with it. 
  • I wonder why it took almost a year to indict the kid who was the driver of the vehicle that resulted in the death of four teenagers last year in Wise County. And it seems like there are more and more criminal charges being created for things that used to be called traffic accidents.
  • Mark Davis has an interesting theory: If the Supreme Court declares Obamacare unconstitutional, it could actually help the President in the election.  Those that are inclined to vote against him because of the health care reform lose their incentive to do so.
  • I'm almost done with my Khalid Sheikh Mohammed book. It's not the theme of it, but I've come to the conclusion that the CIA and the FBI waste a ton of money. It can't be cheap to fly all over the world and spend months in hotel rooms. 
  • The Sandusky trial is so seedy that most of the media doesn't know how to report on it. And his lawyer at least needs to come up with some theme of defense. He seems clueless.





77 comments:

Katy Anders said...

Yeah. I'm with you on the Lincoln trailer.

I thought it was fake when I first saw it.

It's either the biggest waste of money in movie history... or else pure genius.

Bacon said...

Bacon Scale
1 out of 5
EAT SOMETHING!!!!!!!!! That is to skinny. She needs a bacon and butter mixture.

Anonymous said...

In the Sandusky trial, how does the father of a former janitor who witnessed the coach molesting a child and who now has dementia and cannot testify, testify about a phone conversation they had over a decade ago in which the son described what he saw? That's admissible?

Not defending Sandusky, just saying that seems a bit of an evidentiary stretch in light of all the compelling direct testimony from the victims.

DF Tony Scalia

Triple Fake... said...

Very petty and unpatriotic if you can't celebrate the fact that the president who kept this great country from splitting in two also managed to split a few vampires in two with that axe of his. Are you so biased with your liberal mindset that your head wants to 'splode just thinking there might be a movie made that points out the positive qualities of a Republican president? Even one that lived 150 years ago?

Anonymous said...

Bacon is gone cawaazzeee again.
Tink he is losing his credibility.
Maybe got de swine flu r sumpin.
Prolly gonna turn me Jewish

Anonymous said...

Abraham Lincoln: Vampire Hunter makes my brain want to explode.

Poor choice of words if you think about it.

Katy Anders said...

@9:21: That was Barry's way of finally admitting to us that he is a vampire.

Adolph Oliver Bush said...

At first glance of today's Random Thought Girl, I though you had found a picture of one of Sandusky's victims.

Anonymous said...

8:55 The phone conversation was not with janitor but with the student coach and father. The hearsay conversation was between janitors. The janitor conversation had already been admitted into evidence with the Bob Costas interview. Part of the janitor testimony was not heresay because he had witnesse 2 pairs of legs in the show, one being of a boy and the other was hairy. Sandusky is toast.

Anonymous said...

"When did pitching become so easy?"

There were 15 games played last night with a total of 121 runs scored in those games. That is 8.0667 runs per game. When did hitting become so easy!

Anonymous said...

Bacon, you out chour mind! That is the best one this year! Real and natural nothing faked, thanks LL

Anonymous said...

Barry wouldn't post my comment about the questionable maturity of the Random thoughts girl as Orville North mentioned above.

Anonymous said...

Abraham Lincoln - Vampire Hunter. I spoke to someone after seeing this trailer and they said they had read that Lincoln actually had a thing for vampires. I have not been able to substantiate. Anyone that can help would be appreciated.

Anonymous said...

When did pitching become so easy?

When Steroids were not being used anymore.

Anonymous said...

Tell me it ain't so, Lance!!

(Somebody once suggested that we have two categories of sports--doped and undoped. But then, doped athletes will still try to compete in the undoped sports, and you're back to square one.)

Gordon said...

Today is flag day, liberal. Show some respect and post a pic of a girl wearing a flag bikini.

Anonymous said...

I'm with you Bacon.

Rage

Anonymous said...

So how old is today's RTG---12 of so?

Anonymous said...

....."And it seems like there are more and more criminal charges being created for things that used to be called traffic accidents."

"Created"????

The two girls from Alvord, Samantha Rogers and Delany Mancel, who were killed by a negligent driver, I'm sure wouldn't say criminal charges are being created.
The individual who caused the "accident" admitted to the on scene trooper he was on medication that specifically states one should not operate heavy machinery or operate a motor vehicle. He also has an electronic implant because of a brain injury. Yet he chose to drive.
He crossed the center line, struck another vehicle, which crossed into the east bound side of the highway and hit the girls head on. They never had a chance. Both died at the scene.
He was allowed to go to his vichicle...un accompanied....and remove items, was given a written citation for "Negligent Homocide" and allowed to have someone pick him up at the scene. Ne was NEVER handcuffed, detained or had a blood test taken.
At the time of the accident, he had outstanding warrants here in Texas. He was NOT arrested.
Since the accident, he has been involved in at least four major accidents, a minor accident, arrested for leaving the scene of an accident, possession of controlled substance,...etc..etc... and to this day, the Denton County Grand Jury has DECLINED to indict him for the accident.

And you ask the question ..." why did it take a year to arrest " the driver of a fatal accident????

Possibly because the "system" only works for some. Because of all the B.S. that has been created by the "tree huggers","Civil Liberties groups and ambulance chasers, justice doesn't have a chance for the victim any longer.

I served my country for 22 years. I am TOTALLY ashamed of our justice system and how badly it has decayed.

Vic Czerniak
Samantha Rogers Step Father

Anonymous said...

Negligent Homocide? Was he gay?

Anonymous said...

"My life is in danger" "these two guys are going to try and kill me "I'm standing my ground here..."

When you open a dictionary to straw man, that transcript should autoplay.

Mr. Mike Honcho said...

Re: Abe the Vampire Hunter. This movie is based on a recent book that was crazy popular. Pure Sci-Fi and I think it led to a series of books (or similar books).

Re: Perfect Game... yeah, I think Pitching became much easier again once everyone stopped juicing and lots of homers went back to just being routine fly balls.

Re: CIA and FBI... they spend a pot load of money. And I don't care. I've always said, those guys do a ton of things to make the world a safer place that will never see the light of day. Probably best that way.

Anonymous said...

I served my country for 22 years.

Buddy, I am very sorry for the loss of your step-daughters. But your "service" has nothing to do with anything. Your opinion isn't worth any more than anyone else's, and does not make you an expert on the justice system that you think is decayed.

Crime rates are dropping, by the way. I'd say that's a sound justice system overall. Sounds like you need to take it up with the cops at the scene, not the grand juries that have no evidence of impairment.

Rage

Anonymous said...

From one Vet to another...AMEN Vic!!

Anonymous said...

Sandusky and that piece of crap that hit Samantha and Delaney could easily be dealt with if they were where they belonged..in jail. They would deserve everything they got. Just sayin..

Anonymous said...

It's good to know that Eric Holder has our back and is going to save us from Lance Armstrong and Roger Clements instead of the New and Improved Black Panther Party!

Anonymous said...

Rage, You are as sharp as a bowling ball. Crime rates are dropping because of a sound justice system? Why did the police chief of Dallas the other day hold a press conference trying to downplay the crime rate increase? Did you snort or mainline agent orange in Vietnam?

Anonymous said...

Vic, tap the brakes when you vent about "ambulance chasers." Those are the very lawyers it sounds like your family needs. Your beef is with the prosecutors and/or criminal defense lawyers, not plaintiff lawyers who represent injured folks.

-An ambulance chaser

Anonymous said...

11:09
Yeah, I know my "service has nothing to do with anything." I did it just for the hell of it for people like you.

I never , at any point, remotely suggested I was a legal expert. I simply stated the KNOWN facts.

I don't know where you live to be able to boast about crime rates dropping, and it really doesn't matter. Justice is justice. What is guilty for one, should be guilty for another.
The individual responsible for the accident was not required to take a blood test. The irony of it was, the other driver of the truck that struck the girls was immediately taken to had blood drawn. The insurance companies would not honor the policies for the girls until blood results had been sent. All were victims, yet, the person causing the accident walked away without so much as a slap on the wrist.

"No evidence of impairment"? First, you need to know YOUR facts. The Grand Jury was presented with his entire medical records. The medications he is and was using and all information and depositions of friends of his who had ridden as a passenger in his vehicle prior to the accident. Depositions stating that he had a major problem staying in his lane, that they had made him pull over so they could drive. Depositions from him that he knew he shouldn't be behind the wheel because of the medication.
There is no doubt I need to "take it up with the cops at the scene." Their incompetence and poor handling of a major accident scene and allowing a responsible party to retrieve items from his vehicle, unaccompanied, is nothing short of negligent in it's self.


Thanks for your reply "Buddy"

Vic

Anonymous said...

As a defense attorney, you would think there is nothing criminal about passing in a no pass lane and killing four people and almost yourself. That is a criminal choice he made that killed!

Anonymous said...

Aww, Mr. Czerniak I am sorry for your loss. It is so hard to believe how our court system fails sometimes. Unbelievable he is not behind bars and at the very least was not arrested on the spot. Shocking he is still driving among us. Don't pay Rage any attention..he/she is an idiot who just likes to stir the pot. I am sure most feel the same as I do; and, you should tell your story to the world every chance given. You and your family remain in my prayers. BTW, I always love to hear the words "I served my country"...it will always be someone who deserves our respect. Shame on you Rage! You really stooped too far down this time. I would be watching for some awful bad karma on this one.

BigTex said...

Rage, grow up, crimes rates are not dropping. Quit believing the lies told by the FBI under Obama. Violent crime (as in robbing,raping and murdering)is skyrocketing, due to the black gangsta thugs.

Anonymous said...

I'd have to hear the other side of the story in regards to what you are saying Vic. There's no way a grand jury would not indict someone if what you are saying is true. There is something you are not telling us.

What was the actual reason given by the court for a non-indictment ruling?

BigTex said...

Gordon, here is a nice girl in a flag bikini you will like.


http://3.bp.blogspot.com/_KqA9CqM51QQ/SsfK6TzQb5I/AAAAAAAAAHw/pqlpW9m5UaA/S660/17.JPG

Anonymous said...

Why did the police chief of Dallas the other day hold a press conference trying to downplay the crime rate increase?

No idea. Although I'm willing to bet that just because there's an uptick in one place doesn't mean crime is up everywhere. In fact, I know it's not.

I don't know where you live to be able to boast about crime rates dropping, and it really doesn't matter.

In the good ol' U S of A. Crime is down categorically in pretty much every state. Upticks in places like Dallas and El Paso were canceled out by reductions in other areas across the state. Same goes for cities and states across the country.

Yeah, I know my "service has nothing to do with anything." I did it just for the hell of it for people like you.

Bullshit. You didn't do it for anything but a paycheck and most likely a lack of options.

There's no way a grand jury would not indict someone if what you are saying is true.

No, it can be true. But he had no bloodwork from that day, so there's no evidence that would stand up in court. You can get off a DWI by refusing to blow and beating the video. In that case, there's not blood, breath, or video. Eyewitnesses regarding swerving are not legally sufficient.

I get it. He's angry, and most likely this guy should not have been driving. But criminal charges? I'm with BG on that one.

Rage

Anonymous said...

Today's RTG looks like Nancy Grace and Casey Anthony had a love child.

ANDY said...

VIC,THANKS FOR YOUR SERVICE AND SORRY FOR YOUR LOSS.

Anonymous said...

"I served my country"...it will always be someone who deserves our respect.

Are you sure about that?

rAGE

Anonymous said...

But he had no blood work from that day, so there's no evidence that would stand up in court.

That's what I was looking for AND MISSED!

As much as I hate to say this. *cough* *cough* Thank you Rage.

Anonymous said...

"Mark Davis has an interesting theory: If the Supreme Court declares Obamacare unconstitutional, it could actually help the President in the election. Those that are inclined to vote against him because of the health care reform lose their incentive to do so."

That theory is far more ridiculous than it is interesting. About 99.99% of the people that would vote against the president because of health care reform can come with a dozen other reasons to vote against him. I'm a conservative and a Mark Davis fan and that theory is crap.

Anonymous said...

The DA does not have to tell you why the case was not indicted and until they are indicted the records are not subject to open records for anyone not even the victims family to see. How fair is that. "We don't have to give you a reason!" The grand jury proceedings are closed and you are not allowed to even be there. It is left in the hands of 12 people who with no law degree most likely to decide if your loved ones life is worth anything! Bet if they were on the other side of the table they would have the same attidude!

Anonymous said...

1:36 PM And whose fault is that. No blood because the laws suck. And were changed by a government full of drunks an pill poppers. God forbid they have to get blood drawn after killing someone.

Anonymous said...

I bet that chick knows something about the Penal Code. I can feel it in my bone.

Anonymous said...

Funny how Rage is quick to toss out his supposed military service to bolster his comments, claiming he has done more for his country than whatever commenter he is arguing with. He doesn't like it so much when someone else mentions their military service.

I guess his "service" was more important or special than other veterans. I guess he didn't need the paycheck and feels that he was more noble in his service than someone with a "lack of options". How chickenshit is that, most 18 yo that enter the military with a "lack of options" do so because of circumstances beyond their control. They still get killed and wounded just the same; their service is just as important, probably more so than those who are just looking to put it on a resumé.

Thanks Vic, and sorry for your loss. I sincerely hope you and your family get to see justice and that the man responsible for those girls doesn't take any more innocent victims before that day comes.

Anonymous said...

Funny!!!

http://weaselzippers.us/2012/06/14/romney-campaign-bus-drives-circles-around-obama-speech-site-honking-its-horn/

Anonymous said...

In all this, there is a father who lost his child and an 18 year old boy who made a mistake that killed 4 others and ruined his as well as everyone else that was involved lives. Very Sad for all parties! My prayers go out to them.

Anonymous said...

1254 The DA does not have to give you a reason as to why. The grand jury is closed proceedings and if not indicted the records are not open to the public. There is some comfort for the family.

In 2009 our wonderful justice system changed the law removing mandatory blood draw for all accidents involving fatalities and serious injury. Left it up to the law inforement. Which alot are very good but I bet Barney Fife worked that accident.

Negligence:

Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.

In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant's negligent conduct was the cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged.

He had a duty to drive on his side of the road, he had a duty to not pass if not safe. He had a duty to not get behind the wheel if he is incapable of the above. He had a duty not to drive if he was on medication that alters your reaction time. His conduct fell below the standards of behavior established by law for the protection of others against unreasonable risk of harm. That is negligence! His actions caused 2 deaths. He should be held accountable. He is a veteran also. What happened to that oath to protect and defend. He sure the hell did not protect and defend those girls now did he? The VA should be held liable for putting his brain damaged medicated ass on the streets! The DMV should be held accountable for giving him a lisence without a medical evaluation. Rage did you even serve your country? Probably one of those weenie draft dodging assholes who want to bitch and moan about your rights but never fought for a one of them you probably bitch and moan about all the politicians and don't even vote either! Or your just another one of those drunk drug addicted jerks the slim ball defense attorneys put back on the street! Or plain and simple you just get your rocks off being an asshole to people!

Anonymous said...

In all this, there is a father who lost his child and an 18 year old boy who made a mistake that killed 4 others and ruined his as well as everyone else that was involved lives. Very Sad for all parties! My prayers go out to them.

2:38 PM

That was a choice HE made the minute he got behind that wheel and chose not to be a responsible driver. His choice alone!

Anonymous said...

The reason the Denton County Grand Jury gave for not indicting him was, in their exact words, were "We don't have to give a reason."

Anonymous said...

How fair is that.

How fair is it that dirty laundry isn't aired about you until you've actually been indicted? I'd say that's pretty fair.

Funny how Rage is quick to toss out his supposed military service to bolster his comments

I throw it out to rub peoples' noses in their own comments. Y'all are quick to thank/agree with other vets, as long as they agree with your political points of view. But my service is discounted, disbelieved, and disregarded, all because we have a different view of things. That says a lot about the hypocrisy of the "thank you for your service" crowd. Nobody forced them (or me) to serve. There's no draft. They could have chose to do anything else, but instead people act like those in the armed forces walk on water. Well, as long as they agree with you politically, anyway.

By the way, you forgot to thank me for my service.

(See there--I did it again.)

and feels that he was more noble in his service than someone with a "lack of options".

First, I never said I was more noble. But I didn't do it out of some sense of service. I did it for many reasons, all of them mine.

But, I know many people who served in order to get out of going to jail (one of my best crew-members--I called him Auto-Loader--falls in this category), and many who were addicts and criminals who stayed addicts and criminals in the service. Some who abused and raped women, paid for underaged prostitutes, and committed many other crimes while in the service. Does everyone do it? Hell no, not even close. But does a halo come with the uniform? Of course not.

I only mention my service when someone else does, or when it's a relevant subject. I could care less about what you or anyone else thinks of whether or not I actually served.

Rage

Anonymous said...

Rage did you even serve your country?

Yes.

Probably one of those weenie draft dodging assholes who want to bitch and moan about your rights but never fought for a one of them you probably bitch and moan about all the politicians and don't even vote either!

No.

Or your just another one of those drunk drug addicted jerks the slim ball defense attorneys put back on the street!

No.

Or plain and simple you just get your rocks off being an asshole to people!

Well, I'd be a liar if I didn't agree that this was partially true.

Rage

Anonymous said...

2:38 - be sure to send those prayers out on Facebook.

Anonymous said...

Still want to hear the other side of the story. You can blame the justice system all you want but, when it comes down to the nut cut'n there's always two sides to every story.

Anonymous said...

02:46 I would give you a C+ for your analysis on negligence for issue spotting and a rule statement. However, you fail Criminal Law because you analyzed a civil tort on a criminal issue and didn't apply any facts to the law. Also, you might want to revisit constitutional law on the 2009 mandatory blood draw law change. The 4th Amendment would be a good place to start.

Anonymous said...

02:46 I would give you a C+ for your analysis on negligence for issue spotting and a rule statement

That's awfully generous, since there is no C+ in court. You either win or you don't. And if you can't properly recite the elements of your cause of action, the chances are you won't accidentally prove them, so he wouldn't. F.

Rage

Anonymous said...

If a jury will not indict, a civil law suit should follow to make his insurance pay and make him pay. There should be a day in court. Not that money will bring justice but he should answer for what he did in open court.

Anonymous said...

3:18
And you sir, I would give a D.

The Fourth Amendment;
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.



Ah, let's try and make this as clear as possible so dumb asses like me who are not lawyers or as educated as Rage can understand...

..."unreasonable searches and seizures..."
He admitted to the officers on scene he was under the influence.....he was allowed to go to his vehicle and remove items from his vehicle...unaccompanied...HHmmnnn...to this uneducated individual, it would seem there WOULD be probable cause for "search and seizure"..

...."probable cause..." Let's see....four wrecked vehicles, signs where he crossed the center line and struck another vehicle initiating the accident and two bodies.......Well..excuse my ignorance, but, again, my uneducated being sees "probable cause".

And you would be too if that had been your child.

Anonymous said...

And sometimes when it is your child you are in so much anger that you are unable to have a maintain a reasonable mentality.

Anonymous said...

"I could care less about what you or anyone else thinks of whether or not I actually served. "

Really? Just how much less could you care? If you could care less, to what degree do you care at this moment? What could cause you care even less than you do now? Do you foresee yourself ever reaching the point that you could NOT care less?

Anonymous said...

4:24
You're lame.
Trying to get justice has nothing to do with" unable to have a maintain a reasonable mentality."
Are you related to Rage?

Anonymous said...

Forth amendment my ass on this one. I have visited it and I call BS on this one. It should not be unreasonable to request a blood draw to test for anything if you have caused a death or serious injury. The minute you get that drivers license you sign you know the laws and know the rules. You even took a test or you would not have been issued a license. It should be implied consent the minute you sign your name on the license that if you cause an accident that causes a death or serious injury you get your blood drawn period! There are many states out there that have mandatory laws. Sad Texas is not one of them and is one of the states rated with some of the most DUI's and fatalities! May'be you should visit the MADD website and look at a few of pictures and stories of the many that have been killed. Bet you a dollar to a doughnut if it had been a cops kid or a DA's kid or an elected official's kid on the side of that road some hand cuffs would have come out, breathalyzers would have been used, and search warrants would have been obtained!

Anonymous said...

"I throw it out to rub peoples' noses in their own comments."

Doesn't change your hypocrisy in this instance, you use it when you feel it benefits you, you deride it when it doesn't.

"Nobody forced them (or me) to serve."

Funny, a minute ago they had no other options!

"By the way, you forgot to thank me for my service."

Vic signed his name to his post regarding his service. People lie about this sort of thing all the time. If you truly served, then here is your Thank You... and my regrets about the head injury.

"But, I know many people who served in order to get out of going to jail (one of my best crew-members--I called him Auto-Loader--falls in this category"

Why so quick to deride someone by using "lack of options" in an insulting way then.

I am not thanking veterans for what bad deeds they may have done, just their service. If they commit other crimes they should be punished like anyone. Bad people sometimes do good things, good people do bad things. I could care less about the political side this, and only "discounted, disbelieved, and disregarded" your service because you are a private-first class douche-tard.

Anonymous said...

3:40 My reference to the 4th was with respect to the 2009 law change you mentioned, not this particular case.

But since you brought it up, it's hard to say that you have probable cause for a "search and seizure" when you do not specify what you are going to search and seize.

I agree that the facts may give rise to probable cause to do something but what? Also,any search would require a warrant, with a few exceptions that are probably not relevant here, and that warrant would have to specify what is to be searched and the object we are looking for. I don't know why the police here did not get a warrant to blood draw the guy, I just don't know enough. I understand it is a sad situation for the deceased and their families, but as someone who is a parent, and not a lawyer, by the way, I would still want the guy who did this to my kids to get what he deserved under the constitution and the laws of Texas. Just because I would despise the guy, does not mean that I would want the state to circumvent the constitution to get what I feel myself or the deceased deserved. There is a civil remedy for that.

I would say to you as well, that if it was your kid that hit those girls you would want the law followed to the letter in the states execution of justice, and if the state over stepped its constitutional boundaries you would want that "slim(sic) ball" criminal defense lawyer to point it out the court.

Anonymous said...

4:35 I'm glad you are not making law down in Austin. Adios constitution if you were.

Anonymous said...

4:47
Without going through all the hassle of copying all your post about warrants,your basis..."But since you brought it up, it's hard to say that you have probable cause for a "search and seizure" when you do not specify what you are going to search and seize."
So, therefore, ALL law enforcement officers in the State of Texas are going against the Constitution when they act under "probable Cause" if they stop someone. They don't have to specify on scene..
ACLU....get ready for this one.

Anonymous said...

Driving on the wrong side of the road 4 totaled vehicles and 2 dead girls. That should be probable cause enough to check for drugs and alcohol I would think! But hey that just sounds like common sense. Which there is a great big lack of now days. The last time I checked it was against the law to drive on the wrong side of the road into oncoming traffic and kill people. Did they change that law recently making it ok to do that? Guess I need to brush up on the driving laws seems there are a lot of things you can do now that I was not aware of and get away with it. Who knew. Think i'll head on home now going south in the North Bound lanes sense it is apparently ok to do that now after I hit the bar have a valium and martini or 3 first.

Anonymous said...

Or plain and simple you just get your rocks off being an asshole to people!

Well, I'd be a liar if I didn't agree that this was partially true.

Rage

2:59 PM

Perv I bet your picture is in that nice spread they do every year a Halloween to.

Anonymous said...

DAMN!!!!
4:47
Go back and read...read and re-read how many times I posted he ADMITTED to the on-scene officer he was under the influence.No reason for "probable cause"? The officer(DPS) was a probationary without a supervisor. HOWEVER, there were plenty of other law officers at the scene.He dropped the ball and left us with no blood evidence. The fact remains, hes was under the influence, stated so, had the meds with him and two people are dead.
Later, he admitted in a deposition to the Grand Jury he was on meds and shouldn't have been driving.
If it had been a gun incident, where he picked up a gun, spun the cylinder, pointed it at someone and pulled the trigger. I would bet everything the law would have reacted differently.
He chose to get behind the wheel full well knowing he was not supposed to, drove the vehicle a considerable distance and took two lives.Cut and dry, he was issued a traffic citation for two counts of "Negligent Homicide" ( which was later cancelled) and walked.

You asked what if that were my kid who had caused the accident. I would want my kid to stand up and be responsible for his/her actions, no matter how much I may hate the outcome. If they chose to break the law, then be ready to face the consequence. Maybe that's just a generational thing. I wouldn't want him to run off to another state and do the same thing 5 more times.

Vic

Anonymous said...

5:25 says "So, therefore, ALL law enforcement officers in the State of Texas are going against the Constitution when they act under "probable Cause" if they stop someone. They don't have to specify on scene.."

It depends on what they are stopping them for. If ALL law enforcement officers in the State of Texas are acting under "probable Cause" that someone was driving on the wrong side of the road but they stopped them to search for drugs, then yes, ALL officers would be "going against the constitution."

Yes they could stop them for driving on the wrong side of the road but they do not have probable cause to search for drugs just because someone was driving on the wrong side of the road...more facts would be required. (yes, more than what has been offered in this blog)

When an officer in the State of Texas pulls someone over he must have probable cause to pull THAT car over because of facts that gave him probable cause to pull THAT car over. That person in the car or the car is the object of the seizure. However, if he did not SEE you actually breaking the law he could violate the constitution when pulling you over unless some other series of facts gave him probable cause.

In the scenario that the other poster gave above, he gave a good argument that probable cause might exist but he did not specify what was supposed to be searched or seized. The facts that establish the probable cause required to draw blood would be different than required to search the vehicle would be different to search the trunk, etc., that's all I'm saying. I do not know enough of the facts of the case to say whether the officer in this case had probable cause to search or arrest. I just know what has been said on this blog about the case.

5:38 Subjective "common sense" < logic. Lay off the martinis. No one said is was not against the law to drive on the wrong side of the road.
Four wrecked cars, evidence that a car was driving on the wrong side of the road, and 2 dead people alone do not give probable cause to search for drugs or alcohol. There needs to be more facts to justify a warrantless search.

Anonymous said...

OMG. All you folks need to RELAX!! Frankie says RELAX!!!

Anonymous said...

But, I know many people who served in order to get out of going to jail (one of my best crew-members--I called him Auto-Loader--falls in this category), and many who were addicts and criminals who stayed addicts and criminals in the service. Some who abused and raped women, paid for underaged prostitutes, and committed many other crimes while in the service. Does everyone do it? Hell no, not even close. But does a halo come with the uniform? Of course not.

Well rage if you were part of that unit witnessed it and did not report it you sir are just as guilty as the offender!!

737 Really?? How many more f'n facts do you need. That is the problem with the system. The rights of the accused. If it were my kid yes I would expect him to be held accountable for his actions. There's a big problem now days. Parents DO NOT teach thier children that thier actions have consequences. They just hire a high priced attorney to get them off. What happened to this country and the system? Where if you broke the law you are punished period? But the politicians have stuck their nose into so much and are no better than the criminals. They break just as many laws, tax evasion, charges of dui, drug addiction, prostitution. And they still sit in those seats and make those laws yet they are immune to them. You wonder why our laws have so many loopholes? That is why. So they..do not have to be held accountable either! Good Lord enough is enough one day everyone will be held accountable for their actions!

Anonymous said...

Whoa whoa whoa....we don't support parenting around here. You haven't been on this blog long have you?

Anonymous said...

To many words. Refuse to read....

Anonymous said...

It would have been so much more interesting if we all would have decided to argue about Lance Armstrong taking dope instead of,,,,, what the hell were we arguing about again? I got too high and forgot already

Anonymous said...

I never said that the guy was not responsible for his actions. I never said that the the officer did not screw up. I personally think the guy is a scumbag for what he did and deserves punishment. But I don't know what the guy admitted to, I was not there. I don't know if the officer violated a 5th amendment due process right with respect to the admission and that's why the case got tossed, I was not there. I was simply stating that the proper probable cause was required in general for a search or seizure and generally, a search requires a warrant, that's all. The officer may have had it, but did not search and screwed up. I don't know, all I have to go on is what is here. Please don't get pissed at me for stating constitutional law, take it up with Jefferson and the subsequent Supreme Courts.

Next time you speed (break the law) look down at that speedometer and think to yourself, you know, I should go down to the JP and admit it and suffer the consequences because it's the responsible thing to do, or does responsibility start at a certain level of culpability?

Anonymous said...

Nahhh...anger isn't a driving force that constitutes an unreasonable mentality.

LMAO

Anonymous said...

B,G.,
I know this thread is old, but, here is the loose wire that was responsible for Sam' death.
Since this is a matter of public record, here is his recent mug shot. He's back in Texas. He was arrested in Austin on Saturday for DWI.
Looks like he may be able to kill someone else with the courts approval.

LookWhoGotBusted.com » Studdard, Daniel Gerald
www.lookwhogotbusted.com
Studdard, Daniel Gerald: Booked into the Williamson County Jail on June 16, 2012