Should this man be charged?

[MyThirdEye]

Why wouldn't the father or uncle walk with them? They should call inspector gadget.

 

[BassBomb]

he should have walked with them at least

 

[Wheezer]

Originally posted by: Specop 007

Originally posted by: Wheezer
sorry, but I think extreme stupidity deserves extreme punishment.

I agree with the charge.

No reasonable person no responsible person would allow their children to walk that distance in those circumstances.

We are not talking trudging through the snow in the back yards of come quaint little neighborhood.....this is the wilderness there any number of dangers the children could have faced beside the cold and snow.

How many of you in such a situation would allow your children out of your sight?

His children's safety and well being should have been priority #1 it was not.

Hell, I would not let my dog wonder around in those circumstances.

Emotions make a poor measure for punishment. Sure it was damn dumb to let the kid go and yes people are sad to hear of children freezing to death because of dumb ole dad but that should be used as the measure for his punishment.

And as I said in my first post, it doesnt suprise me in the least. We have a civilization so sheltered and pampered many aspects of the cold harsh reality we live in are lost upon them. No pun intended.

there is no emotions involved in my statement or conclusion.

They were divorced correct?...check

HE was taking them to her correct?...Check


Therefore he had custody at the time, which means that he is responsible for their well being.

After running his truck off the road and sending them out alone in the conditions does not seem too responsible....does it?

In fact is sounds a lot like poor judgment doesn't it?

A decision any reasonable adult would not follow up on.

Allegedly he called the mother, and she was on her way but why not wait for her to come to them?

Why not keep them at his truck until he could verify that she was there and they were loaded into her car?

Hell, he ran off the road why assume that she would not?

Why not make sure they were safe instead of sending them off to walk in such conditions assuming they would be ok?

They should have stayed together...supposedly they had phone service...why not call a tow truck to pull them out and keep the engine running to stay warm?

Or call someone else who could pick them up.

Would you send kids out in a lightning storm?

a tornado?

a hurricane?

an earth quake?

probably not....why not?...because all the conditions stated are unsafe..that's not emotion bud, that is common sense.

The fact is he used poor judgment and stupidity to guide his decision on what was best for his kids...he choose poorly and now he has to face the music.

so back to my original statement extreme stupidity, as in this case, deserves extreme punishment.

I would not be a bit surprised if alcohol was a factor AND he was pissed off at the kids for some reason, who wanted to spend time with mom, when they wrecked he could not deal with the whiny complainy kids and told them to stfu and if they wanted to see mom so bad then get out and walk.

There is more to this story than what is published here.

"if" the story is told in it's entirety then based on that and only that, he is a moron who deserves the harshest punishment possible under the law and if murder fits...then murder fits.

 

[mxyzptlk]

This story is baffling. Well I guess not really seeing how people in general are pretty effin stupid, but this is like some kind of radical, new achievement in stupidity. If there were a Nobel prize or equivalent for stupid, this guy would surely win this years and the next's.

I don't believe that you can punish this kind of stupid. I'm not convinced the guy would be able tell the difference between prison and something else entirely.. Like the word "fruit" or the number 12.

 

[Number1]

Uncle held in death of girl who froze on walk

He faces second-degree murder charge; child's father was arrested earlier


I think drugs are the problem in this case.

 

[jonks]

Amended charges:

http://news.yahoo.com/s/ap/200...e_us/hypothermia_death

Lincoln County Prosecutor E. Scott Paul filed a motion Tuesday amending the second-degree murder charges against Robert Aragon, 55, and his cousin Kenneth Quintana, 29, in the death of Aragon's daughter, Sage Aragon.

Aragon and Quintana, both of Jerome, are now charged with one count each of felony involuntary manslaughter for their roles in the girl's death. Both men also are charged with felony injury to a child

 

[KeithP]

I don't know how accurate this is but from what I found at a law site:

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

Based on that, second degree murder seems reasonable.

-KeithP

 

[rivan]

 

[jonks]

Originally posted by: KeithP
I don't know how accurate this is but from what I found at a law site:

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

Based on that, second degree murder seems reasonable.

erm, no.

That's essentially a reckless murder standard. "Obvious lack of concern for human life" is a standard of recklessness equivalent to firing a gun out your car window without the specific intention of hitting anyone but of sufficiently obvious danger and likelihood of causing a death such that murder would be an appropriate charge for any death resulting. Having your kids walk through the snow is not equivalent to that level of recklessness.

Keep reading about murder and manslaughter from where you found your definition and you'll find that involuntary manslaughter is a much more appropriate charge. Of course statutory interpretation is a bit of an art.