murderer and weapon found!

[DaddyMac]

Whoo-hoooo

Made it!!!!

;o)


Go spikers! Whack-a-gopher!!!

[ffelknirznarf]

My guess is he will be charged with vehicular homicide. If he had not fled the scene he may have avoided the charge.

VEHICULAR HOMICIDE LAWS IN IOWA
An individual commits vehicular homicide when:
(1) Unintentionally causes death of another; by
(2) Operating a motor vehicle while intoxicated.
Penalties:
Mandatory 25 years imprisonment; Judge may not give probation or defer judgment. Prison sentence must be imposed. If convicted the Judge has no choice but to send you to prison. Furthermore bail is not available pending appeal or while awaiting sentencing.
Fine of up to $10,000 but not less than $1,000 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge;
Mandatory $150,000 restitution to victim's estate;
Substance abuse evaluation and treatment if recommended;
Drinking drivers course; and
Mandatory 6 year license suspension.

[alarson]

My guess is he will be charged with vehicular homicide. If he had not fled the scene he may have avoided the charge.

VEHICULAR HOMICIDE LAWS IN IOWA
An individual commits vehicular homicide when:
(1) Unintentionally causes death of another; by
(2) Operating a motor vehicle while intoxicated.
Penalties:
Mandatory 25 years imprisonment; Judge may not give probation or defer judgment. Prison sentence must be imposed. If convicted the Judge has no choice but to send you to prison. Furthermore bail is not available pending appeal or while awaiting sentencing.
Fine of up to $10,000 but not less than $1,000 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge;
Mandatory $150,000 restitution to victim's estate;
Substance abuse evaluation and treatment if recommended;
Drinking drivers course; and
Mandatory 6 year license suspension.

what if he wasnt intoxicated?

[ffelknirznarf]

Here is a good link about a cyclist in IA who was killed in a hit and run and charged with vehicular homicide. I don't think the driver was arrested for DUI. He had been arrested numerous times (i think 8+) in the past for DUI

Chris Lillig

[gogagig]

If anything, his fleeing will probably allow him to escape the vehicular homicide charge. No way to prove blood alcohol level at this point. He may well get a bunch of felonies thrown at him, but I don't see the vehicular homicide charge coming.

[ffelknirznarf]

DUI does not matter. It can also occur with reckless driving. Leaving a scene probably helps bring the charge.

Chris Lillig

If anything, his fleeing will probably allow him to escape the vehicular homicide charge. No way to prove blood alcohol level at this point. He may well get a bunch of felonies thrown at him, but I don't see the vehicular homicide charge coming.

[sweetwater]

"have i ever killed anyone?"

I'm glad you haven't.

But there is almost certainly a little luck involved in that fact. Most every driver has accidentally run a red light, accidentally turned the wrong way down a one way, accidentally done something that could have seriously injured or killed someone.

I would be stunned if you haven't too. By your logic, seems like that makes you an attempted murderer.

[gogagig]

This case in Ames is similar to the one we are dealing with. Should give us an idea of what kind of charges are likely:
News Service: Iowa State University

[alarson]

See this link. I don't think DUI matters.

Chris Lillig

there was reasonable reason to believe he was drinking when the accident occurred though in this case, when you combine his BAC with his prior history.

[alarson]

This case in Ames is similar to the one we are dealing with. Should give us an idea of what kind of charges are likely:
News Service: Iowa State University

wasnt she intoxicated as well? actually, if she hadnt been, she probably couldve gotten off in court. The victim was coming home from a party, walking along the shoulder (which very easily couldve been stumbling onto the roadway), on mortenson rd, which had no sidewalks at the time and was very poorly lit. Actually, its lucky more people werent hit through that area.. you never could see someone walking\biking along that road at night until you were right up on them.

[jumbopackage]

My guess is he will be charged with vehicular homicide. If he had not fled the scene he may have avoided the charge.

VEHICULAR HOMICIDE LAWS IN IOWA
An individual commits vehicular homicide when:
(1) Unintentionally causes death of another; by
(2) Operating a motor vehicle while intoxicated.
Penalties:
Mandatory 25 years imprisonment; Judge may not give probation or defer judgment. Prison sentence must be imposed. If convicted the Judge has no choice but to send you to prison. Furthermore bail is not available pending appeal or while awaiting sentencing.
Fine of up to $10,000 but not less than $1,000 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge;
Mandatory $150,000 restitution to victim's estate;
Substance abuse evaluation and treatment if recommended;
Drinking drivers course; and
Mandatory 6 year license suspension.

Vehicular Homicide can be charged in only two instances:
if the person was impaired (doesn't necessarily have to be above the limit, but must be impaired)

Or if the person was doing something very reckless (think street racing). Just a regular, sober hit and run wouldn't rise to that level.

Frankly, unless there is some very good evidence that he was drinking before this happened, Vehicular homicide is out of the question, IMO. Even charging him with it is pretty reckless on behalf of a prosecutor because it would such a tough case to prove, and if you don't win, he basically gets off scott-free.

My guess is that there will be as many charges as they can reasonably throw at him thrown at him, but one of those won't be vehicular homicide.

[gogagig]

I started this thread on the side of those saying vehicular homicide charges were not likely. However, having done some homework and read the couple of cases linked, I'm almost inclined to believe that the initial charges are likely to include vehicular homicide (even if that is later reduced to a lesser charge in exchange for a guilty plea)

[ffelknirznarf]

Vehicular homicide in IA requires either DUI or reckless driving (ie. speeding) or eluding the police.

The reports indicate he was speeding which will be viewed as reckless. Fleeing the scene and not turning himself in will not help his case.

I think they will charge him with vehicular homicide but they may charge him with less in exchange for a guilty plea.

Vehicular Homicide can be charged in only two instances:
if the person was impaired (doesn't necessarily have to be above the limit, but must be impaired)

Or if the person was doing something very reckless (think street racing). Just a regular, sober hit and run wouldn't rise to that level.

[Angie]

Just remember, all bicyclists are holy and blameless, and giving them a dirty look should result in an immediate and summary execution on the side of the road.

Then you "might" satisfy the bicycle nazis.

I don't have a horse in this race, but the use of "Nazi" here (and elsewhere) is ridiculous. People are far too free with this rhetoric just because they want to villianize someone without providing any real evidence or a sound argument. It is rarely used (unless you're actually talking about Nazis) to do anything other than make an argument more volatile without providing anything tangible to it.

Also implying that all car drivers are murderers is equally offensive and ridiculous.

Please, everyone, dial back the rhetoric in this thread.

[jmb]

I don't have a horse in this race, but the use of "Nazi" here (and elsewhere) is ridiculous. People are far too free with this rhetoric just because they want to villianize someone without providing any real evidence or a sound argument. It is rarely used (unless you're actually talking about Nazis) to do anything other than make an argument more volatile without providing anything tangible to it.

Also implying that all car drivers are murderers is equally offensive and ridiculous.

Please, everyone, dial back the rhetoric in this thread.

show us where in this thread that was said...