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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
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Joined: Nov 2014
Posts: 900 Birmingham
Aaron_H
OP
6 point
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OP
6 point
Joined: Nov 2014
Posts: 900
Birmingham
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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.
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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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Joined: Dec 2011
Posts: 7,073 TN
Reaper
14 point
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14 point
Joined: Dec 2011
Posts: 7,073
TN
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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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Joined: Nov 2014
Posts: 900 Birmingham
Aaron_H
OP
6 point
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OP
6 point
Joined: Nov 2014
Posts: 900
Birmingham
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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.
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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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Joined: Dec 2009
Posts: 9,519 Trussville
toothdoc
14 point
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14 point
Joined: Dec 2009
Posts: 9,519
Trussville
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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. Quit letting facts get in the way of a good conspiracy.
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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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Joined: Jan 2005
Posts: 33,437 Your mom’s house
doekiller
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
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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. 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.
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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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Joined: Jan 2007
Posts: 13,748 Hoover
burbank
Booner
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Booner
Joined: Jan 2007
Posts: 13,748
Hoover
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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? 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. 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.
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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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Joined: Jan 2005
Posts: 33,437 Your mom’s house
doekiller
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
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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. You can not compare Alabama and another state.
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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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Joined: Jan 2005
Posts: 33,437 Your mom’s house
doekiller
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
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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?
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?
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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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Joined: Jan 2007
Posts: 13,748 Hoover
burbank
Booner
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Booner
Joined: Jan 2007
Posts: 13,748
Hoover
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No, the money wouldn't matter to me...but it would to some folks. 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?
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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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Joined: Jan 2005
Posts: 33,437 Your mom’s house
doekiller
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
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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. 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.
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