Planning to beat someone to death with a baseball bat?

[Fausto]

Victim's kin claim trial judge dozed

Relatives of a homicide victim lashed out at a Fulton County judge Monday, saying he flipped through a magazine and kept falling asleep during the trial before giving a killer a light sentence.

Prosecutors were pushing for a murder conviction and life in prison for Timothy Hill, 26, for the 2002 baseball-bat beating death of Benjamin Alford, 35, in an East Point parking lot.

Instead, Superior Court Judge Marvin S. Arrington Sr. convicted Hill during a bench trial of a less serious crime, voluntary manslaughter. That crime can carry up to 20 years in prison, but the judge ordered Hill to serve 10 years in prison and then remain on probation for five years. Arrington did not return calls to his office seeking comment.

"It's not enough," said the victim's mother, Jessie Alford. "I feel hurt. I feel let down."

Arrington decided Hill's fate without first hearing testimony from the victim's relatives, who are typically allowed to speak before a judge determines the punishment for the crime.

"They're supposed to have that right," Fulton County district attorney's spokesman Erik Friedly said.

The victim's mother said the judge nodded off last week throughout the trial while the state's witnesses were testifying. "His head would go over and then he'd wake up," Jessie Alford said.

At one point, a courtroom deputy nudged the judge, relatives said.

Super. :roll:

That said, both the guys involved seem like total dirtbags.

Jessie Alford said Hill deserved to spend his life in prison for the beating death of her son, who had four children ? including a son who graduates from high school next month.

Benjamin Alford was sitting in his 1988 Oldsmobile Cutlass at a stop sign on the way to his girlfriend's home on June 14, 2002, when Hill rammed his car from behind, police said.

Alford then made a turn as Hill rammed his car again. Hill had an ongoing dispute with the victim and other members of the Alford family.

Benjamin Alford hopped out of his car with a baseball bat and smashed the windows of Hill's Chevrolet Suburban truck.

Hill wrestled the bat from Alford and repeatedly beat Alford in the neck and head, prosecutors said.

A security guard pulled a gun on Hill and told him to stop beating Alford, who died on the way to the hospital. The guard watched as Hill took money from the dying victim's pockets before running from the area, Friedly said.

Defense attorney Manny Arora argued the killing was an act of self-defense.

The judge rejected that defense, but did reduce the murder charge to voluntary manslaughter ? the result of a sudden, irresistible passion.

 

[Borracho]

Its going... going... gone! its a homerun!!!

 

[Mallow]

hrm... this indeed sounds like a brutal purpose less crime. 15 years minimum.

 

[xXped0thugXx]

wow way to go justice system, nice way to drop the ball on this one

 

[GoodToGo]

STFU trolls :|

Its Georgia at its best, let me savour the moment......

 

[Fausto]

Originally posted by: xXped0thugXx
wow way to go justice system, nice way to drop the ball on this one

Actually (tho I'm no lawyer) I think the judge made the right call despite choosing to nap during the trial. These two guys already had an ongoing beef, one rams the other, rammee gets out with a bat and smashes up rammers car, rammer gets the bat and goes Barry Bonds on the rammee. That fits the definition of "the result of a sudden, irresistible passion" IMO. If he were planning to kill the guy, he'd have had a bat of his own, right?

 

[xXped0thugXx]

agreed, but under no circumstances should a judge be reading a magazine, deny testimonies, and fall asleep during a trial

 

[JonnyBlaze]

Originally posted by: xXped0thugXx
agreed, but under no circumstances should a judge be reading a magazine, deny testimonies, and fall asleep during a trial

why? trials are boring as hell!

JB

 

[Fausto]

Originally posted by: xXped0thugXx
agreed, but under no circumstances should a judge be reading a magazine, deny testimonies, and fall asleep during a trial

Yep. Complete bullsh*t. I'll be surprised if the guy doesn't get another trial soon.

 

[Vic]

Hate to say it, but this sounds like a clear case of manslaughter to me.

 

[Fausto]

Originally posted by: Vic
Hate to say it, but this sounds like a clear case of manslaughter to me.

What about he judge falling asleep? Grounds for a new trial even if the original verdict is correct?

 

[maziwanka]

i agree with the manslaughter charge, but the judge's behavior is absolutely ridiculous.

 

[Nitemare]

Originally posted by: Fausto

Originally posted by: xXped0thugXx
wow way to go justice system, nice way to drop the ball on this one

Actually (tho I'm no lawyer) I think the judge made the right call despite choosing to nap during the trial. These two guys already had an ongoing beef, one rams the other, rammee gets out with a bat and smashes up rammers car, rammer gets the bat and goes Barry Bonds on the rammee. That fits the definition of "the result of a sudden, irresistible passion" IMO. If he were planning to kill the guy, he'd have had a bat of his own, right?

I would prefer them expanding the death penalty to include people with no redeeming qualities as well, but then again I don't wear a black robe to work and I drink coffee.

 

[Vic]

Originally posted by: Fausto

Originally posted by: Vic
Hate to say it, but this sounds like a clear case of manslaughter to me.

What about he judge falling asleep? Grounds for a new trial even if the original verdict is correct?

Well.... I would note that the accusations against the judge are being brought only by the victim's family, who quite clearly have an ax to grind against the convicted, and are upset about the conviction of manslaughter instead of murder.
Take it all with a grain of salt.

 

[silverpig]

Guy A rams guy B's car twice at a stop sign.
Guy B gets out with a baseball bat, smashes guy A's car.
Guy A wrestles the bat away from guy B and beats him in the head and neck.
Guy A takes money from dying guy B and runs off.
Guy B dies in hospital.

How sudden was it if the killer started the confrontation by smashing into the other guy's car? I'd say 15-20 would be a good time frame, but yeah, the judge is an arsehole.

 

[gopunk]

yea you know what the judge was thinking... two dirtbags, who the hell cares

 

[Azraele]

Regardless of the outcome, the judge had no business falling asleep during the trial.