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curious what yall think about this Bham news story #1254396
02/05/15 11:09 AM
02/05/15 11:09 AM
Joined: Nov 2014
Posts: 900
Birmingham
Aaron_H Offline OP
6 point
Aaron_H  Offline OP
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Posts: 900
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Story Link


He plead guilty to manslaughter, and was sentenced to serve 5 years in prison, minus the 18 months he has already served presumably in county jail while the case was pending. He has several previous convictions, and I think at least the posession of a forged instrument was a felony. I'm still not 100% on how the murder charge was figured, its not clear to me if they mean he committed the robbery in homewood to get the car that he ran the other guy off the road with or what exactly. I am all for second chances but it seems to me that this fellow got off more than easy.

Last edited by Shaw; 02/05/15 01:38 PM.
Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254399
02/05/15 11:14 AM
02/05/15 11:14 AM
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Trussville
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toothdoc Offline
14 point
toothdoc  Offline
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Who is is daddy?

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254403
02/05/15 11:18 AM
02/05/15 11:18 AM
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TN
Reaper Offline
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Way more than easy.

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254411
02/05/15 11:25 AM
02/05/15 11:25 AM
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Posts: 33,437
Your mom’s house
doekiller Offline
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He was sentended to 20 years. He has to serve 5 years and be on probation for 5 years after he gets out. This is not an easy or light sentence. It is very hard for the state to prove murder in a wreck. 20 is the maximum sentence. On a strait 20 he would have most likely served 6 1/2 years. He did not get of light.

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254421
02/05/15 11:32 AM
02/05/15 11:32 AM
Joined: Nov 2014
Posts: 900
Birmingham
Aaron_H Offline OP
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Aaron_H  Offline OP
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I see what you're saying. Why would he only have to be tied to the system for 10 years between prison and probation if he was sentenced to 20?

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254432
02/05/15 11:38 AM
02/05/15 11:38 AM
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burbank Offline
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Considering his past he should be in jail MUCH longer.

Considering the III designation and Mt Brook address im sure daddies money is bailing his ass out again.

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254489
02/05/15 12:28 PM
02/05/15 12:28 PM
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Your mom’s house
doekiller Offline
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doekiller  Offline
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The maximum time on probation in the state of Alabama is 5 years.

Guys, this sentence is not unreasonable. I have seen many cases like this were the person served less time and a few where the person didn't even go to prison.

This guys past cases all involve drugs. He has never done anything violent. Obviously the DA's office didn't think that they could prove intent to commit murder. It is almost impossible in these type cases.

I know the lawyers, the DA and the Judge. I can promise you the DA and the Judge are beyond reproach. Judge Pullium is one of the best judges in Jefferson County.

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254502
02/05/15 12:40 PM
02/05/15 12:40 PM
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Birmingham
Aaron_H Offline OP
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What DA was over this case? I didn't see that in the article. My mind is not made that he got off easy, i am trying to gather more info. The car he was in when he ran the guy off the road was stolen. Why would they drop a felony robbery charge that was not directly related to this man being killed?
He was never convicted of a violent crime, but is the possession of a forged instrument not a felony? If the possession of a forged instrument was a felony, and he was convicted of two more felonies in this case, would that have designated him a habitual felony offender?

Last edited by Aaron_H; 02/05/15 12:40 PM.
Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254505
02/05/15 12:43 PM
02/05/15 12:43 PM
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Birmingham
Aaron_H Offline OP
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I guess it seems to me that his treatment by the courts was preferential, at least when it came to allowing him to plead to one class b felony.

Re: curious what yall think about this Bham news story [Re: doekiller] #1254575
02/05/15 02:08 PM
02/05/15 02:08 PM
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toothdoc Offline
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Originally Posted By: doekiller
The maximum time on probation in the state of Alabama is 5 years.

Guys, this sentence is not unreasonable. I have seen many cases like this were the person served less time and a few where the person didn't even go to prison.

This guys past cases all involve drugs. He has never done anything violent. Obviously the DA's office didn't think that they could prove intent to commit murder. It is almost impossible in these type cases.

I know the lawyers, the DA and the Judge. I can promise you the DA and the Judge are beyond reproach. Judge Pullium is one of the best judges in Jefferson County.

Quit letting facts get in the way of a good conspiracy.

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1254582
02/05/15 02:21 PM
02/05/15 02:21 PM
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burbank Offline
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He was in a stolen car. He killed someone while in a stolen car.

Let that sink in.

I bet that the family of the deceased got a nice check....

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1255003
02/06/15 04:14 AM
02/06/15 04:14 AM
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Posts: 33,437
Your mom’s house
doekiller Offline
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doekiller  Offline
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Originally Posted By: Aaron_H
What DA was over this case?


The DA assigned to the case was John Camp. I have known John since he was a student at Birmingham Southern. Toothdoc my know him. John is a very good prosecutor and I am sure made an assessment of the case and extended a plea offer.

Again, this guy did not get off that easy. Hell, you can get probation in a manslaughter case.

Originally Posted By: Aaron_H

He was never convicted of a violent crime, but is the possession of a forged instrument not a felony? If the possession of a forged instrument was a felony, and he was convicted of two more felonies in this case, would that have designated him a habitual felony offender?


Yes, he could and was treated as an habitual offender. With one prior felony conviction, a Class B felony (manslaughter) is treated as a Class A. That makes the punishment 10 years to 99 years or life. With 2 prior felonies, a Class B has a minimum of 15 years and a maximum of 99 years of life.

As you can see, his sentence falls within the Habitual Offender Range of Punishment.

With this guys history of drug abuse, I would not be surprised to see him relapse after getting out of prison and have his probation revoked to serve the remainder of the sentence.

One other thing I would point out. A split sentence keeps him under the control of the court for longer than a strait sentence and it keeps the state from paroling him prior to the 5 years, which given the state of our prisons is likely.

As for the dismissal of the other charges, that was done with the consent of the victim in that case. He would not have faced any additional jail time in that case, so it did not reduce his punishment to dismiss it.

There is no conspiracy here, his father didn't pay anyone off, hell, they didn't even bond him out of jail and his bond was not that high. The only people his family paid were his lawyers, just like I would hope anyone of your families would do.

Last edited by doekiller; 02/06/15 04:15 AM.
Re: curious what yall think about this Bham news story [Re: Aaron_H] #1255049
02/06/15 04:54 AM
02/06/15 04:54 AM
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PDL, Fl
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timbercruiser Offline
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About 35 years ago I was a juror on a 1st degree murder charge case here in Florida. A black bar owner shot a scum bag that he couldn't get to leave the bar, numerous problems. Nothing was said about any prior charges against the bar owner. Myself and 5 elderly women were the jurors. 4 of them wanted 1st degree, I thought he did society a favor. After 5 or so hours I had talked them down to manslaughter. The judge sentenced him to 20 years in Starke prison and he served about 15 years of it.

Re: curious what yall think about this Bham news story [Re: doekiller] #1255081
02/06/15 05:13 AM
02/06/15 05:13 AM
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burbank Offline
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No one is claiming a conspiracy. I'm just saying that justice isn't the same for some folks.

Do you know the dad?

Honest question. Unless his attorneys shared confidential info, how do you know that the victims family wasn't compensated?

Originally Posted By: doekiller
Originally Posted By: Aaron_H
What DA was over this case?


The DA assigned to the case was John Camp. I have known John since he was a student at Birmingham Southern. Toothdoc my know him. John is a very good prosecutor and I am sure made an assessment of the case and extended a plea offer.

Again, this guy did not get off that easy. Hell, you can get probation in a manslaughter case.

Originally Posted By: Aaron_H

He was never convicted of a violent crime, but is the possession of a forged instrument not a felony? If the possession of a forged instrument was a felony, and he was convicted of two more felonies in this case, would that have designated him a habitual felony offender?


Yes, he could and was treated as an habitual offender. With one prior felony conviction, a Class B felony (manslaughter) is treated as a Class A. That makes the punishment 10 years to 99 years or life. With 2 prior felonies, a Class B has a minimum of 15 years and a maximum of 99 years of life.

As you can see, his sentence falls within the Habitual Offender Range of Punishment.

With this guys history of drug abuse, I would not be surprised to see him relapse after getting out of prison and have his probation revoked to serve the remainder of the sentence.

One other thing I would point out. A split sentence keeps him under the control of the court for longer than a strait sentence and it keeps the state from paroling him prior to the 5 years, which given the state of our prisons is likely.

As for the dismissal of the other charges, that was done with the consent of the victim in that case. He would not have faced any additional jail time in that case, so it did not reduce his punishment to dismiss it.

There is no conspiracy here, his father didn't pay anyone off, hell, they didn't even bond him out of jail and his bond was not that high. The only people his family paid were his lawyers, just like I would hope anyone of your families would do.

Re: curious what yall think about this Bham news story [Re: timbercruiser] #1255109
02/06/15 05:30 AM
02/06/15 05:30 AM
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Posts: 33,437
Your mom’s house
doekiller Offline
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Originally Posted By: timbercruiser
About 35 years ago I was a juror on a 1st degree murder charge case here in Florida. A black bar owner shot a scum bag that he couldn't get to leave the bar, numerous problems. Nothing was said about any prior charges against the bar owner. Myself and 5 elderly women were the jurors. 4 of them wanted 1st degree, I thought he did society a favor. After 5 or so hours I had talked them down to manslaughter. The judge sentenced him to 20 years in Starke prison and he served about 15 years of it.


You can not compare Alabama and another state.

Re: curious what yall think about this Bham news story [Re: burbank] #1255115
02/06/15 05:38 AM
02/06/15 05:38 AM
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doekiller Offline
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Originally Posted By: burbank
No one is claiming a conspiracy. I'm just saying that justice isn't the same for some folks.

Do you know the dad?

Honest question. Unless his attorneys shared confidential info, how do you know that the victims family wasn't compensated?



I know of the father, I don't know him. I never said that the victims family didn't get some money from them. However, I know they have not, because they still have a wrongful death case pending against him that has not been settled. I am sure that they are eventually going to get some money out of the death.

Would getting money make you want the person that killed your family member to not be punished as severally?

Re: curious what yall think about this Bham news story [Re: doekiller] #1255128
02/06/15 05:50 AM
02/06/15 05:50 AM
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Birmingham
Aaron_H Offline OP
6 point
Aaron_H  Offline OP
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Thanks for all the info Doekiller. I understand better why he got the sentence that he did. One more question though, i'm not sure i understand why even if he plead to the robbery charge on top of the manslaughter charge why he would still have the same sentence. Would they not be able to sentence him consecutively to the two charges if they viewed them seriously enough? or would that not apply in a plea situation.

Re: curious what yall think about this Bham news story [Re: doekiller] #1255143
02/06/15 06:02 AM
02/06/15 06:02 AM
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burbank Offline
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No, the money wouldn't matter to me...but it would to some folks.


Originally Posted By: doekiller
Originally Posted By: burbank
No one is claiming a conspiracy. I'm just saying that justice isn't the same for some folks.

Do you know the dad?

Honest question. Unless his attorneys shared confidential info, how do you know that the victims family wasn't compensated?



I know of the father, I don't know him. I never said that the victims family didn't get some money from them. However, I know they have not, because they still have a wrongful death case pending against him that has not been settled. I am sure that they are eventually going to get some money out of the death.

Would getting money make you want the person that killed your family member to not be punished as severally?

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1255161
02/06/15 06:17 AM
02/06/15 06:17 AM
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doekiller Offline
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Originally Posted By: Aaron_H
Thanks for all the info Doekiller. I understand better why he got the sentence that he did. One more question though, i'm not sure i understand why even if he plead to the robbery charge on top of the manslaughter charge why he would still have the same sentence. Would they not be able to sentence him consecutively to the two charges if they viewed them seriously enough? or would that not apply in a plea situation.


Yes, under the law, the Judge could impose the sentences consecutively. However, the law also says that sentences for related crimes (and these were related) should presumptively be concurrent.

Re: curious what yall think about this Bham news story [Re: Aaron_H] #1255171
02/06/15 06:25 AM
02/06/15 06:25 AM
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Don't worry. He'll get a longer sentence next time.


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