Father charged with "headshot" killing of drunk driver that killed his 2 sons

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Broheim

Broheim

Diamond Member
Feb 17, 2011
4,587
3
81
Genx87 said:
I think this is a gray area. You cant reasonably expect to stop a car from driving the speed limit if you come across an obstacle that is not visible due to terrain. The blanket it is always your fault I think would fail that litmus test.
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if you don't have full visibility you shouldn't be going at the speed limit, always drive according to conditions. Pay attention to the road, drive defensively.
 
M

MixMasterTang

Diamond Member
Jul 23, 2001
3,167
176
106
Genx87 said:
I think this is a gray area. You cant reasonably expect to stop a car from driving the speed limit if you come across an obstacle that is not visible due to terrain. The blanket it is always your fault I think would fail that litmus test.
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If you look at the google maps link I posted earlier, that road is straight as an arrow with no hills.
 
Murloc

Murloc

Diamond Member
Jun 24, 2008
5,382
65
91
diesbudt said:
Wouldn't be out of the relm of possibility the person can get off with an insanity plea.

Watching 2 of your kids die in front of you?

Yes, sanity is no where to be found directly after such an event.
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is it insane to feel homicidal after someone killed your sons?
all those in this thread who said they'd do the same are so insane to be not responsible for any of their actions, in your opinion?
Unless this guy has a previous mental history, I think that the definition of voluntary manslaughter comes closer:
Voluntary manslaughter sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed."
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Psychiatrists will probably pull out all kinds of evaluations but I wouldn't hold high hopes, it fits too much.

All he's gained is going to prison, while his wife will have to work and grow 2 kids alone, who will have to live with the fact that their dad is behind bars. And he went into the home to take a gun so there was some thought process in the middle.
 
S

sourn

Senior member
Dec 26, 2012
577
1
0
Mursilis said:
How did the shooter know that the driver of the other car was drunk? What if he just lost control swerving to avoid hitting a kitten?
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Then his sorry ass should still be shot.

Drunk, sober, etc doesn't fucking matter. It's called paying attention to the fucking road. Anybody here that claims other wise is a fucking idiot and should never drive a vehicle!

The guy got what was coming to him, and the father will either get off, or stuck with some type of bullshit. But unlikely he'll go for prison for long.
 
thestrangebrew1

thestrangebrew1

Diamond Member
Dec 7, 2011
3,886
636
126
Its been about 4 years since I was a volunteer firefighter but we were told by CHP that if ur car breaks down at night its better to not have ur hazards on because drunk drivers tend to focus on the flashing while impaired. Not everyone has flares obviously but its always better to lay those out appropriately. This was a few years ago so I dunno if it still applies.

Its fucked up the guy lost his kids, I can't say I would have reacted any different, but unless the insanity claim sticks, this guy should get time. It is Texas though.
 
Red Storm

Red Storm

Lifer
Oct 2, 2005
14,233
234
106
thestrangebrew1 said:
Its been about 4 years since I was a volunteer firefighter but we were told by CHP that if ur car breaks down at night its better to not have ur hazards on because drunk drivers tend to focus on the flashing while impaired.
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Because the majority of night time drivers are drunk...? What about all the sober drivers? Wouldn't you want to give them proper warning? :confused:
 
amdhunter

amdhunter

Lifer
May 19, 2003
23,332
249
106
What proof did he have that the guy was drunk?

If the guy was indeed high, screw it. Even I'd support the shooter. BUT, how did he know the guy was drunk?
 
NFS4

NFS4

No Lifer
Oct 9, 1999
72,636
47
91
klinc

klinc

Senior member
Jan 30, 2011
555
0
0
sixone said:
If the babies' blood alcohol level is high enough, yes.

Are you drunk?
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again blood alcohol test can only proof that you were driving above the legal limit not that you are drunk.

Visual observation like bloodshot eyes not stable on their feet is little rhyme arresting officers learned to describe a drunk person. Until they came out with the baby defense.

No I am not drunk. Been investigating driving under the influence cases for almost 10 years now. I can tell you the precise procedure onward must follow if one gets arrested. You only have 4 hours to get him to a doctor.
 
NFS4

NFS4

No Lifer
Oct 9, 1999
72,636
47
91
TallBill said:
Not guilty.
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2101627_o.gif
 
klinc

klinc

Senior member
Jan 30, 2011
555
0
0
Iron Woode said:
wow.

this is a whole new level of ignorance here.

either that or you are just trolling this thread.
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Excuse me geez? Do you know what a blood alcohol test is. Please show me one test or one link 1 link that shows or says a blood alcohol test can proof when a person is drunk. Everyone have a different tolerance level to alcohol which makes it bloody common sense why they can not proof when a person is drunk with the test.

Now troll on
 
Paladin3

Paladin3

Diamond Member
Mar 5, 2004
4,933
878
126
klinc said:
Still doesn't proof he is drunk. Only above the legal limit
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You keep using that word, "drunk." I do not think it means what you think it means.

Legally drunk in the U.S. is .08 BAC, period. You can still be charged with driving while under the influence with a lower BAC, usually in the .02-.07 range. Most states though have zero tolerance laws for persons under 21. Banda was only 20, so any driving with any alcohol in his system was drunk driving.

You don't have to be falling down sloppy drunk to be under the influence. Every dickhead alcoholic I've ever met felt they were the one superhuman who alcohol didn't affect, and that they were perfectly fine to drive with a few beers in them. Assholes.

And I've been to a lot of drunk driving accidents and it was almost always painfully obvious that the person had been drinking. One of the first I every covered when I was a newspaper photojournalist was a drunk women who crossed over the center line and struck a family of five in their car head on. The Dad, Mom and two older kids died, but the baby in a car seat lived on to be an orphan.

Oh, the drunk woman lived. Maybe someone should have shot her too.

What the dad in the OP did was legally wrong, but I'm not shedding any tears over Mr. Banda getting shot. In the interest of what's best for his wife and remaining son, I would vote for probation if I was on the jury for this one.
 
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amdhunter

amdhunter

Lifer
May 19, 2003
23,332
249
106
I thought about this for a minute and I have come to the following conclusion.

Even if the guy was 100% sober, I'd have shot him too.
 
B

BladeVenom

Lifer
Jun 2, 2005
13,365
16
0
Dari said:
I hope the attorney general does the right thing and decides not to charge this man. This is what the community wants.
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or maybe a lesser charge like involuntary manslaughter. I'm not sure a jury would convict him of murder no matter what the evidence.
 
Paladin3

Paladin3

Diamond Member
Mar 5, 2004
4,933
878
126
klinc said:
Excuse me geez? Do you know what a blood alcohol test is. Please show me one test or one link 1 link that shows or says a blood alcohol test can proof when a person is drunk. Everyone have a different tolerance level to alcohol which makes it bloody common sense why they can not proof when a person is drunk with the test.

Now troll on
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It's been proven time and again that even one drink can slow down your reflexes and impair your judgement. Yes, some people can drink more before the effects become overtly obvious, while others have less of a tolerance to alcohol.

But everyone is human and there is nobody who alcohol doesn't effect to some degree. It is NEVER okay to drive with any level of alcohol in your system, let alone a .175, which is over twice the legal limit.

I can't believe you are this fucking ignorant. Get off of ATOT and go get yourself a fresh beer. Just stay off the road.
 
Iron Woode

Iron Woode

Elite Member
Super Moderator
Oct 10, 1999
31,228
12,764
136
klinc said:
Excuse me geez? Do you know what a blood alcohol test is. Please show me one test or one link 1 link that shows or says a blood alcohol test can proof when a person is drunk. Everyone have a different tolerance level to alcohol which makes it bloody common sense why they can not proof when a person is drunk with the test.

Now troll on
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that's a load of donkey balls and you know it.

I have known a lot of alcoholics in my life and they all said the same thing. Except, of course, they didn't understand just how drunk they were.

Legally here .06 is arrestable for being drunk. .08 is the maximum allowable alcohol in your blood.

Drunks don't get to decide how drunk they are; the law does.

I have personally been hit twice by drunk drivers. They get zero sympathy from me. Why are you giving them any?

and you have the nerve to call me a troll?

:rolleyes:
 
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