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Stallworth pleads NOT Guilty?!

This is bulls*!t. This guy better fry and its sad because he probably will get some community service and probation. If this was anyone of us average joes there wouldn't be a chance we would get away without years in jail. This guy is already saying I have full confidence in the justice system. You mother F..er you killed a dude do you not realize that. You flashed your lights -> oh yeah all while going 50mph this guy is supposed to dodge you. You were drunk jerkwad and you killed a dude - get that through your f...ing skull! Not to mention this guy has a history of substance abuse. How do you plead not guilty to running some dude over when you were drunk and not feel bad about it. Man this thing fires me up!

Poll
Should this guy be fried or what?
Yes
21 votes
No
27 votes

48 votes | Poll has closed

This fanpost was written by one of The Phinsider's registered users.

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Innocent until proven guilty

Winner of All Movie Quote Challenges

by DolfinPhan on Apr 3, 2009 2:19 PM EDT reply actions   0 recs

C'mon

I agree, but we already know he was under the influence and it wasn’t borderline either. How often do you use the crosswalk?

by usnavydolphan on Apr 3, 2009 2:29 PM EDT up reply actions   0 recs

exactly

I think he’ll be proven guilty….but until that verdict comes down, he’s an innocent man.

by Matty I on Apr 3, 2009 2:35 PM EDT up reply actions   0 recs

Agreed but the evidence is self evident

He was driving under while intoxicated, speeding and possible reckless driving. any thing short from the poor guy wanting to end his own life by jumping infront of a speeding car, that’s still manslaughter 2.

by Ex Sniper on Apr 3, 2009 2:35 PM EDT up reply actions   0 recs

Grounds for not guilty plea?

How does he feel he is not guilty?

by usnavydolphan on Apr 3, 2009 2:44 PM EDT reply actions   0 recs

Here's what his defense is trying to prove..

that the alcohol was not the reason the guy was killed. There’s a hundred different versions of the story, but the overriding theme is that the guy who was hit was not in the crosswalk, and therefore breaking the law. If Stallworth was sober, this is an easy verdict, because you, as a driver, cannot be held responsible for what happens to a pedestrian crossing at the wrong time or at the wrong place.

It’d be the same as if a guy ran a red light, you hit him, and he died. He’s at fault, even though he got the worst of it.

Now, if Stallworth was driving recklessly, ran a red light, or otherwise broke the law, and that led to him hitting this guy, than it will be DUI Manslaughter. If not, it’ll be a DUI, and that’ll be the end of it. But for now, he’s innocent until proven guilty, and we’ll learn about the truth of the situation during the course of the trial. I’m not gonna call for the guy to fry, especially if it comes out that the dude he hit was actually at fault for the accident…

by Little Nicky 21 on Apr 3, 2009 3:06 PM EDT reply actions   0 recs

Good explanation

What will happen is there will be a study to prove that if a person that is completely sober, going roughly the same speed could have avoided the pedestian outside of the crosswalk. If they find the study to prove that a sober person could have avoided the accident at all costs, then Stallworth will probably be guilty, if not, he will be not guilty.

by Cokes_03 on Apr 3, 2009 3:57 PM EDT up reply actions   0 recs

I disagree

DUI Manslaughter in the second degree is automatic if found guilty of it, what they are waiting on is the toxicology results to wether or not his BAC level was above a 0.8. If the results come back that he does infact receive a DUI conviction and since there was a persons life involved it is now entitled a DUI Manslaughter in the Second degree ( had he left the scene or not rendered aid it would therefore be automatic First degree).

What the defense can attempt to argue is Nicky’s latter statement and perhaps run a study, but these type of DUI cases are, sad to say, rather standard. it’s really hinging on the results of the toxicology. What i reckon he pleaded not guilty to was that he his BAC was above 0.8, in which case he would make his argument as Nicky stated.

by Ex Sniper on Apr 3, 2009 4:11 PM EDT up reply actions   0 recs

His BAC was already said to be 1.2...

I’m just telling you what the defense is going to do. It can be as automatic as it wants if he’s found guilty, but that’s the issue here. He hasn’t been found guilty, only charged, and he will get a trial that consists of more than just figuring out his BAC.

If the guy jumped off the curb into his car and died, then Stallworth is not responsible, drunk or not. Whether that’s the case, I don’t know. If Stallworth was drunk, speeding, ran a red light, or hit the guy while in the crosswalk, then he’s guilty. I believe that FL law states that you have to prove the DUI was the reason for the death of that man, and not the man’s actions.

by Little Nicky 21 on Apr 3, 2009 10:27 PM EDT up reply actions   0 recs

.12

if it was 1.2 he would be dead

-"I'll weather whatever storm, Make it out without a bruise"
-"Even when winning illogical, losing is still far from optional"
-"Even the greatest gotta suffer sometime"
-"No excuses, No explanations"

by MiamihastheDolphins.... on Apr 4, 2009 5:36 AM EDT up reply actions   0 recs

Nicky I have to disagree to some degree

in fact drunk driving is breaking the law as is going 50 in a 40 MPH zone. I have had this situation happen to me(in an accident were a man died) IF you are violating any traffic law at time of accident it is considered VM. The only exception is if under any circumstance it was unavoidable(I.E. jumped out in front of car making it impossible to avoid.

I don’t know Florida law BUT the man I hit he too was out of crosswal BUT the reasonable course of action applies. The pedirestion always has the right away even though they can be sited for jay walking. I mean think about it you cross in middle of street and I coming down road hit you because I have the right away is a crime, right away only goes so far. If anything he did caused him to be unable to avoid accident he is toast, that means speeding, drunk, improper lane use…. if he had time to flash lights and expected ped to be able to avoid him means he was most likely capable of avoiding him IF he wasn’t speeding, drunk, and using his lane improperly. The time used to flash lights expecting him to “move out of way” is lost time used to avoid ped even if he had right away.

25th pick - Clay Mathews LB USC
44th pick - Alphonso Smith cb Wake Forest
56th pick - Clint Sintim LB Virginia
86th pick - Fili Moala DT USC

by Blaze453 on Apr 3, 2009 10:46 PM EDT up reply actions   0 recs

You always plead not guilty

and then try to plea bargain, thats just how it works

" oh I'm sorry did I break your concentration?" -Jules Winfield-
Creator of the(pie in the sky) trade up and "draft B. J. Raji" bandwagon Matty I's Besswagon L Nicky 21s Brandwagon-- Winner of BloodyElbow FunnyBone Contest IV's Andre Arlofski's "how's taste my poo poo?" Award for his fondness for not so tasteful poop jokes..

by uncle finster on Apr 3, 2009 4:22 PM EDT reply actions   0 recs

Stallworth will most likely be charged

with DUI…not DUI Manslaughter because the guy (Reyes) was hit OUTSIDE of a crosswalk, so Reyes is at fault there, and Stallworth will not get the manslaughter charge IMO, but he was still DUI so he will get charged for that and will probably get Community service, probation, and his license suspended…and btw, Stallworth did express sympathy for what he did, and apologized to Reyes’ family…

-"I'll weather whatever storm, Make it out without a bruise"
-"Even when winning illogical, losing is still far from optional"
-"Even the greatest gotta suffer sometime"
-"No excuses, No explanations"

by MiamihastheDolphins.... on Apr 3, 2009 4:50 PM EDT reply actions   0 recs

Reyes is not neccesarily at fault according to statute though.

Since the Florida Statute would say Reyes would be at fault, the Statute being a causation one as it is would use Stallworths negligence (the reports of Reckless driver and Speeding) as the deviant of normal driving under regular conditions (IE:a sober driver), Furthermore I think that the fact that he was able to give ‘warning’ by flashing his lights would also have been sufficient to prove that a Sober driver would also have had time to slow down or even swerve out of the way even if Reyes was not at a cross walk.

He has expressed his sympathy and I do understand he has apologized, but stupidity and ignorance is no excuse for a mistake that caused the life of human being.

by Ex Sniper on Apr 3, 2009 5:37 PM EDT up reply actions   0 recs

yea......

-"I'll weather whatever storm, Make it out without a bruise"
-"Even when winning illogical, losing is still far from optional"
-"Even the greatest gotta suffer sometime"
-"No excuses, No explanations"

by MiamihastheDolphins.... on Apr 3, 2009 5:45 PM EDT up reply actions   0 recs

if you are drunk

and kill someone in my family, i don’t know if i could wait to see what the court does

by ncfinfan on Apr 3, 2009 7:12 PM EDT reply actions   0 recs

so what would you do?

be a vigilante and go take care of him yourself?

Call me naive or whatever, but I believe in our country (and that includes our legal system).

by Matty I on Apr 3, 2009 8:42 PM EDT up reply actions   0 recs

i hope not

but i couldn’t promise

by ncfinfan on Apr 4, 2009 6:17 AM EDT up reply actions   0 recs

I spent 18 months awating trial for simular

and I either had a traffic violation, any drugs/alcahol in system, and man was out of the crosswalk. First off whether he in crosswalk or not pedistrian has right away and that alone does not releive driver of responsablity. The guy that was struck and died by the bus I was driving was not in the crosswalk yet they agreesively went after me(politcally motived) even though it was determined I violated no traffic law(which is key according to my lawyer and kept them from seeking larger degree of Vec Manslaughter) and had no witnesses nor evidence of exactly how accident accured. I had to hire lawyer, 2 investgators, and a reconstruction expert to piece together how accident happened using my 2 invesagators gather information. Only after it was determined that man was in bank 4 minutes prior to impact(investagator found out and obtained time stamped dposit slip and bank video), that bank was 1 block behind my original travel direction(I was in left lane on a 3 lane oneway streetprior to making a lefthand turn) accident accured 3/4s into lefthand turn into the far righthand lane onto a 3 lane oneway street) did the DA drop charges which was 1 day to picking jury. My point is that this is a polically motivated case like mine, IF as been reported he was legally drunk and violating traffic laws in course of accident it does matter if guy was laying face down in middle of street he is screwed(as should be) UNLESS and the only way he can get off with the traffic violations only(speeding, illigal lane use, and DUI) is if man jumped out in front of him and it can be proved even a driver obeying traffic laws and was sober could not have avoided he will fry. If all that was reported is accurate he pleaded not guilty just to give his lawyer time to plea-bargain using mainly the cost of trial as leverage. Even having nothing illigal against me(traffic violation at time of accident), knowing that ped was struck outside crosswalk, and not knowing exactly how accident happened or where exactly man was struck the DA went for my throat.I was fortunate in that I knew how serious situation was even under my circumstance and that my investagators found out(retraced peds day/steps) enough information for my reconstruction expert could with 80% certainity determine what happened and it still cost me over 30,000, a career, a marriage, and an emotional permanate change that can not ever be understood without experiencing taking a life without cause/reason(war/protecting self or loved ones) not matter one’s fault or not. A DAs career can be made and lost on this case and Staalworth will pay the price. Unless something extrordanaire like man jumped in front of him or information released is incorrect Stallworth’s career and freedom is gone.

25th pick - Clay Mathews LB USC
44th pick - Alphonso Smith cb Wake Forest
56th pick - Clint Sintim LB Virginia
86th pick - Fili Moala DT USC

by Blaze453 on Apr 3, 2009 7:38 PM EDT reply actions   0 recs

He shouldnt fry

He expressed genuine sorrow and regret for what he has done, any decent human being would, however he will most likely get a DUI or a DUI Manslaughter charge and he should be jailed.

Of course Ray Lewis was pretty much an accessory to murder and got off free….

"How can I blame you
When it's me I can't forgive?"

-From the Unforgiven III off of Death Magnetic

by Patssuck456 on Apr 3, 2009 9:12 PM EDT reply actions   0 recs

This post is nothing but bull sh¡t

Stallworth is doing the same thing you and everybody else in this blog would do in this situation. He is taking advantage exclusively of the legal system, he is not relying on his star status to get out if this. If his status is doing something for him is just work against him because that will motivate (just as plaxico´s case) the DA to get a conviction and make an example out of him. He is pleading not guilty because :

“Section 316.193(3)©(3)(b) of the Florida Statutes. A person who is driving while drunk doesn’t commit DUI manslaughter simply by driving drunk and being involved in an accident resulting in another person’s death. To be liable for DUI manslaughter, the drunk driver also must have caused or contributed to the causation of the incident.”

So if he, or anyone else for that matter, has a way to inject reasonable doubt and convince the jury that the man who was walking across the street where he by all means was not supposed to be walking and prove that a man jaywalking in a multiple-lane highway with a posted speed limit of 40 miles per hour might very well have been struck by Stallworth even if his BAC had been 0.0 percent, then, as the legal system clearly states, he could walk out of the courtroom a free man. And if that is the case, it would be just fine because the US has a legal system that should dictate the outcome of a case where a man´s liberty is at stake, and prevent judgmental people like you to out of anger do just that.

This is not about moral it is about LAWS

by MauMontaV5 on Apr 4, 2009 12:20 AM EDT reply actions   0 recs

yes but i say stated in an earlier responsed

this…

To be liable for DUI manslaughter, the drunk driver also must have caused or contributed to the causation of the incident."

would be the devaint or causationg that i described here…

the Statute being a causation one as it is would use Stallworths negligence (the reports of Reckless driver and Speeding) as the deviant of normal driving under regular conditions (IE:a sober driver), Furthermore I think that the fact that he was able to give ‘warning’ by flashing his lights would also have been sufficient to prove that a Sober driver would also have had time to slow down or even swerve out of the way even if Reyes was not at a cross walk

It’s not about morals Mau, but it is the Law that if you Drink and decide to drive you will suffer the consequences of what ever that outcome maybe, wether it is to get home safely, or take the life of some one who was just trying to get home themselves after a long days work. We all make mistakes, but we all also have choices in our lives to make; call it morals, values, a tingle in your left side brain, what ever. you where influenced by that some how and this is the out come.

I’ve so far held my own personal opinion on this but i’ll go ahead and say it, If you are ‘responsible’ enough to go out and party, have a good time, drink, what ever. Then you are responsible enough to know your limits, make good decisions, and not kill somebody.

by Ex Sniper on Apr 4, 2009 8:28 PM EDT up reply actions   0 recs

Flashing Lights

A lot of good input. Overall after reading these statutes and everyones opinions I would have to say my mind is made up. I still believe this guy should fry – when he said he flashed his lights as a warning (which I dont think he did) he was looking for a way out, but only dug his own grave. Some of you have said he expressed his sorrow and prayers – he also helped authorities immediately and I respect that. Unfortunately this guy was .12 at 7am so wouldn’t that make it sunrise in South Florida and you flashed your lights? As some have also said earlier flashing your lights means he had reasonable time to avoid this guy. Anyway I still don’t like people not taking responsibility for their actions in our country. I think our judicial system is seriously flawed!

by usnavydolphan on Apr 5, 2009 10:01 AM EDT reply actions   0 recs

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