Heemstra Released from Prison

**NobodyBeatsCy** · 10-28-2008, 03:49 PM

WHO-TV Link: WHO TV - Des Moines: Heemstra Released from Prison

I am bothered by this. Sure seems like a killer is now walking the streets.

**Aclone** · 10-28-2008, 03:51 PM

Originally Posted by NobodyBeatsCy

WHO-TV Link: WHO TV - Des Moines: Heemstra Released from Prison

I am bothered by this. Sure seems like a killer is now walking the streets.

psst. He would hardly be the only one. Lots of 'em arent even ever suspected, let alone arrested. That's life.

**Bipolarcy** · 10-28-2008, 03:54 PM

Originally Posted by NobodyBeatsCy

WHO-TV Link: WHO TV - Des Moines: Heemstra Released from Prison

I am bothered by this. Sure seems like a killer is now walking the streets.

I read that story and couldn't quite figure out why they were making such a big fuss about it. I mean, they even detailed what his last day in prison was like. Having not lived in Iowa for about 15 years, I don't know anything about the case, so maybe there's something I'm not being told. But this kind of thing appears to happen all the time.

**NobodyBeatsCy** · 10-28-2008, 03:56 PM

Originally Posted by Aclone

psst. He would hardly be the only one. Lots of 'em arent even ever suspected, let alone arrested. That's life.

Hey, I understand and life isn't always fair. This one stinks because it's clear cut. He shot the man, drug his body with his truck, dumped him in a well and admitted it all. I know the old saying is that it's better to let 100 guilty men go free rather than keep an innocent man in jail - but there is nothing innocent about this.

**Aclone** · 10-28-2008, 04:05 PM

Originally Posted by NobodyBeatsCy

Hey, I understand and life isn't always fair. This one stinks because it's clear cut. He shot the man, drug his body with his truck, dumped him in a well and admitted it all. I know the old saying is that it's better to let 100 guilty men go free rather than keep an innocent man in jail - but there is nothing innocent about this.

The whole "convicted of manslaughter" part says to me that he has served his time. If they couldn't convict him of anything else, it's not so clear cut.

Last I knew, IIRC, the victim's family was suing to take his farm. I don't know what ever happened with that.

**bos** · 10-28-2008, 04:07 PM

You take a life, you lose yours. I dont believe if you take a life on purpose, that you can do enough prison time.

**SuperCy** · 10-28-2008, 04:08 PM

Originally Posted by Aclone

The whole "convicted of manslaughter" part says to me that he has served his time. If they couldn't convict him of anything else, it's not so clear cut.

Last I knew, IIRC, the victim's family was suing to take his farm. I don't know what ever happened with that.

I think that starts within the next week or so. Good thing about the civil trial, he'll have to take the stand.

**SuperCy** · 10-28-2008, 04:10 PM

I come back from vacation and find out a killer goes free and a convicted child killer gets a third trial. All of this was annouced within a few days of each other.

**Me State** · 10-28-2008, 05:35 PM

I won't even put my comment that I was going to put because it isn't appropriate for this site.

Someday he will get what he deserves.

At least now it is a crime in Iowa to tamper with a dead body.

**cycloneML** · 10-28-2008, 05:54 PM

I recall it being a complicated situation.

**NobodyBeatsCy** · 10-28-2008, 06:06 PM

Originally Posted by Aclone

The whole "convicted of manslaughter" part says to me that he has served his time. If they couldn't convict him of anything else, it's not so clear cut.

Last I knew, IIRC, the victim's family was suing to take his farm. I don't know what ever happened with that.

Aclone - He was originally convicted of 1st degree murder, appealed on a technicality and it was overturned. I think that's the "part" you are missing.

**Cyclonepride** · 10-28-2008, 10:36 PM

Originally Posted by bostinelosd

You take a life, you lose yours. I dont believe if you take a life on purpose, that you can do enough prison time.

I agree.

**garn91** · 10-29-2008, 07:52 AM

He was guilty of something, I don't know if it was first degree murder or not. After all I believe first degree murder is the planning and premedidation of murder, after looking at Wikipedia, manslaughter is defined as a "heat of the moment" thing. I'm sure Heemstra didn't wake up that day and say let's go kill Tom Lyon.

**hort4cy** · 10-29-2008, 08:39 AM

Originally Posted by garn91

He was guilty of something, I don't know if it was first degree murder or not. After all I believe first degree murder is the planning and premedidation of murder, after looking at Wikipedia, manslaughter is defined as a "heat of the moment" thing. I'm sure Heemstra didn't wake up that day and say let's go kill Tom Lyon.

Given that, he should have still served more than 4 years. I don't understand how you can be sentenced to 10 years and get out in 4. A couple of articles I read said that was the max he needed to serve. Since when does 4 = 10?

**NobodyBeatsCy** · 10-29-2008, 09:01 AM

Originally Posted by garn91

He was guilty of something, I don't know if it was first degree murder or not. After all I believe first degree murder is the planning and premedidation of murder, after looking at Wikipedia, manslaughter is defined as a "heat of the moment" thing. I'm sure Heemstra didn't wake up that day and say let's go kill Tom Lyon.

The situation had been building for quite some time due to competition over available farmland. There had been conflict well before the day of the killing. This was no situation where a man walks in on his wife with the neighbor in bed.

The guy had an arguement with another guy that ended up with him shooting him (I believe in the face, but does it really matter?), drug his corpse from the back of his pickup truck on a gravel road and dumped his body in a well or a culvert. Again, Heemstra himself admitted all of it.

Since in the opinion of the state's supreme court "the judge erred in giving the jury instructions about what constitutes felony murder," the 1st degree murder conviction was reversed.

He now walks the streets with all of us - Tom Lyons is still dead. 4 years in jail? Sorry if I disagree with you, but it isn't right.