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TDMMC Forums => Around the NFL => Topic started by: Defense54 on March 14, 2009, 03:34:22 pm



Title: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 14, 2009, 03:34:22 pm
Ouch........It might have been just an honest accident, but anytime you hit a stranger and kill them with your(Rolls Royce) Bentley........its gonna Co$t you.

 :o :|

http://msn.foxsports.com/nfl/story/9335620/Browns-WR-Stallworth-hits,-kills-Fla.-pedestrian?MSNHPHMA


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on March 14, 2009, 09:54:56 pm
I seriously hope it was an accident and not a DUI. 

Hey Defense, if it WAS an honest accident, can he be sent to jail?


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: StL FinFan on March 14, 2009, 10:05:23 pm
I seriously hope it was an accident and not a DUI. 

Hey Defense, if it WAS an honest accident, can he be sent to jail?

They wouldn't charge him with anything if it were an accident.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on March 14, 2009, 10:09:01 pm
They wouldn't charge him with anything if it were an accident.

But his insurance would go SKY HIGH..... not that he couldn't afford the increase.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: raptorsfan29 on March 15, 2009, 02:48:02 am
But his insurance would go SKY HIGH..... not that he couldn't afford the increase.

what about the family of the man he killed, wouldn't they get something like a 6 or 7 figure sum.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 15, 2009, 03:08:19 am
I seriously hope it was an accident and not a DUI. 

Hey Defense, if it WAS an honest accident, can he be sent to jail?

Of course not. Accidents happen all the time.  Hopefully there were wittnesses.  If this guy was Jay Walking its on him. Then again if Mr Stallworth was going 55 in a 35.......he's gonna shell out some $$$. But its still not criminal unless it was ruled reckless by the investigator. Blood Test is Mandatory in a THI. (Traffic Homicide Investigation) . 


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Dphins4me on March 15, 2009, 07:14:19 pm
  This is the 4th former Tenn player to be involved in something like this.  3rd one to kill someone.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: bsmooth on March 15, 2009, 11:44:32 pm
They wouldn't charge him with anything if it were an accident.

Yes it could be involuntary manslaughter. The manslaughter charge exists to cover people who accidentally kill someone.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Tenshot13 on March 16, 2009, 12:31:42 am
Hey guys, think of the bright side of this...at least Stallworth isn't a New England Patriot anymore.


I know, tasteless.

Seriously, I hope the family of the deceased makes it through okay.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 16, 2009, 01:58:47 am
Yes it could be involuntary manslaughter. The manslaughter charge exists to cover people who accidentally kill someone.

Are you serious? I can't tell anymore.............. ??? :|


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Denver_Bronco on March 16, 2009, 05:38:41 am
Yes it could be involuntary manslaughter. The manslaughter charge exists to cover people who accidentally kill someone.
Involuntary manslaughter is a charge for someone who kills someone by being careless, but not pre-meditated. He would have to have committed a traffic infraction and be ticketed to be charged with involuntary manslaughter.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on March 16, 2009, 07:50:39 am
Involuntary manslaughter is a charge for someone who kills someone by being careless, but not pre-meditated. He would have to have committed a traffic infraction and be ticketed to be charged with involuntary manslaughter.

If he was speeding and ran the guy over, that's a traffic infraction isn't it??


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: bsmooth on March 16, 2009, 10:54:17 am
Are you serious? I can't tell anymore.............. ??? :|

Going twenty miles over the speed limit in a residential/business district is careless, which meets the minimum litmus test for consideration of involuntary/vehicular manslaughter charges. What did my post state that seemed joking?


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: StL FinFan on March 16, 2009, 12:13:03 pm
Involuntary manslaughter is a charge for someone who kills someone by being careless, but not pre-meditated. He would have to have committed a traffic infraction and be ticketed to be charged with involuntary manslaughter.

Quote from: bsmooth link=topic=14168.msg160347#msg 160347 date=1237215257
Going twenty miles over the speed limit in a residential/business district is careless, which meets the minimum litmus test for consideration of involuntary/vehicular manslaughter charges. What did my post state that seemed joking?

So my statement was correct.  If it was truly an accident, the driver would not be charged with anything. Right?


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on March 16, 2009, 12:55:51 pm
So my statement was correct.  If it was truly an accident, the driver would not be charged with anything. Right?

Apparently not.  The question is, how fast was he going?  Also, was he under the influence of alcohol or drugs?


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: StL FinFan on March 16, 2009, 12:58:18 pm
Apparently not.  The question is, how fast was he going?  Also, was he under the influence of alcohol or drugs?

If he was doing any of those things, he would be charged for that and for manslaughter. 
If he was not doing anything wrong, he would not be charged with anything. 
How difficult is that to understand?


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 16, 2009, 12:58:42 pm
Going twenty miles over the speed limit in a residential/business district is careless, which meets the minimum litmus test for consideration of involuntary/vehicular manslaughter charges. What did my post state that seemed joking?

Sorry....didn't mean to offend. Its just the way you stated it. You don't get charged with Murder just becuase somebody dies accidently. Like Bronco said, you need criminal intent. Being Drunk, speeding , anything reckless is probable Cause , but without that very important element, there is no crime. However civilally he could get his balls sued off. Which is usually the case when your driving a Bentley at the time of the accident.  ::)


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 16, 2009, 01:05:07 pm
If he was doing any of those things, he would be charged for that and for manslaughter. 
If he was not doing anything wrong, he would not be charged with anything. 
How difficult is that to understand?

True. But all THI's are a mandatory blood draw. Check this out.

The constitution protects all citizens against double Jeopardy. Meaning you can not be charged twice for the same crime. If he was given a ticket at the scene he could quickly pay the fine and that case can NOT be opened again.  Thats it.  So.......they take the blood which is mandatory and the case and the investigation remains open. if anything comes back positive, its just a visit to a judge and a warrant is issued.

You give him a Ticket and he Pays it right away.........he's done , Case closed.  ;)  Can't hit him again with anything.

The Law can be a very tricky Bitch sometimes. Thank god for case law .  8)


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: StL FinFan on March 16, 2009, 01:11:33 pm
Just recently, a man hit and killed a kid on a skateboard.  It was determined he was not speeding, he did not have any alcohol or drugs in his system and via witnesses that the kid veered out into the street right in front of him.  No charges were filed.  Unfortunate accident.  Case closed.

You are either at fault or you're not.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 16, 2009, 01:18:27 pm
Just recently, a man hit and killed a kid on a skateboard.  It was determined he was not speeding, he did not have any alcohol or drugs in his system and via witnesses that the kid veered out into the street right in front of him.  No charges were filed.  Unfortunate accident.  Case closed.

No doubt. As tragic as that sounds......shit does happen.

Looks Like Mr Stallworth may be in some Hot water after all:

http://sports.espn.go.com/nfl/news/story?id=3984848

Quote
Stallworth likely faces charges after the investigation is completed, Yahoo! Sports reported on Sunday night, citing sources close to the investigation.





Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on March 16, 2009, 02:58:25 pm
^^^^

I wonder what this is based on if they haven't yet gotten the toxicology report?


If he was doing any of those things, he would be charged for that and for manslaughter. 
If he was not doing anything wrong, he would not be charged with anything. 
How difficult is that to understand?

Precisely.  I answered your question about him being charged with anything.  It would depend on if he was speeding or if he was intoxicated. 


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: bsmooth on March 17, 2009, 01:28:27 am
So my statement was correct.  If it was truly an accident, the driver would not be charged with anything. Right?

Yes if he was obeying the law and it was just an unfortunate accident he should not be charged.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 17, 2009, 09:35:55 am
Yes if he was obeying the law and it was just an unfortunate accident he should not be charged.

 But........civil law is different. You can be sued as long as you have a lawyer willing to do so.........and you can bet anyone with a Bentley will get someones attention.  :|


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: SportsChick on March 17, 2009, 11:47:24 am
And if you happen to have no insurance but plow in to someone but you're dating the cop on scene, you get off scott fee... no not bitter... not at all


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 17, 2009, 12:25:49 pm
And if you happen to have no insurance but plow in to someone but you're dating the cop on scene, you get off scott fee... no not bitter... not at all

Sounds like your talking from experience........but who you plow is your own buisness I guess.  ::)


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: SportsChick on March 17, 2009, 03:32:38 pm
Actually, I was the one plowed into, 42 MPH straight out of a school zone. Humans are not made to bounce on concrete I can tell you that


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: bsmooth on March 19, 2009, 06:21:46 pm
MIAMI (AP) - Cleveland Browns wide receiver Donte' Stallworth was driving drunk when he struck and killed a pedestrian, according to media reports on Thursday.

 WSVN-TV reported that unnamed sources with knowledge of the investigation said Stallworth's blood-alcohol level was between .08 and .16. The legal limit is .08. The Miami Herald also cited an unnamed source as saying that Stallworth's blood-alcohol level was above the legal limit.

The Miami Beach Police Department refused to confirm the reports. Ed Griffith, spokesman for Miami-Dade County prosecutor Katherine Fernandez Rundle, would say only that the investigation is focusing on whether alcohol was a factor in the death of 59-year-old Mario Reyes.

Could be trouble

Reyes was struck and killed by a Bentley driven by Stallworth about 7 a.m. Saturday. Reyes, a crane operator, had just gotten off work and was trying to catch a bus when he was hit.

No charges have been filed against Stallworth, 28. His agent, Drew Rosenhaus, nor his attorney, Robert Switke, returned calls from The Associated Press seeking comment. Stallworth issued a statement on Wednesday saying he was "grief stricken" over Reyes' death.

If Stallworth was drunk, he could be charged with DUI manslaughter which carries a maximum 15-year prison sentence.



Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on March 19, 2009, 06:29:09 pm
I seriously hope the courts decide to make an example out of him, and not let him off the hook like they did Leonard Little. 


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: StL FinFan on March 19, 2009, 08:36:00 pm
A friend of my cousin's was driving drunk and hit and killed someone.  It was a first offense, so he did not do any jail time. 


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on March 19, 2009, 09:40:39 pm
A friend of my cousin's was driving drunk and hit and killed someone.  It was a first offense, so he did not do any jail time. 

He is lucky..... EXTREMELY lucky. 


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: fyo on March 19, 2009, 10:00:50 pm
I seriously hope the courts decide to make an example out of him

WTF is it with this shit?

Seriously, the LAST thing we should want is courts "making examples" out of anyone. People should be judged equally, regardless of whether they're famous or not. The justice system should always strive for impartiality and when I hear of judges who OPENLY ADMIT that they're not going to do what they normally would, but rather "make an example" out of someone, I get a real urge to throw their asses off the bench.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on March 19, 2009, 10:03:15 pm
WTF is it with this shit?

Seriously, the LAST thing we should want is courts "making examples" out of anyone. People should be judged equally, regardless of whether they're famous or not. The justice system should always strive for impartiality and when I hear of judges who OPENLY ADMIT that they're not going to do what they normally would, but rather "make an example" out of someone, I get a real urge to throw their asses off the bench.

And such is the world we live in.  There's "celebrity justice" and there's justice for the common people.  DUI Manslaughter carries a sentence of up to 15 years.  But if he's as lucky as Leonard Little, he won't do any jail time.


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: Defense54 on March 20, 2009, 09:05:00 am
WTF is it with this shit?

Seriously, the LAST thing we should want is courts "making examples" out of anyone. People should be judged equally, regardless of whether they're famous or not. The justice system should always strive for impartiality and when I hear of judges who OPENLY ADMIT that they're not going to do what they normally would, but rather "make an example" out of someone, I get a real urge to throw their asses off the bench.

In a perfect world you would be 100% right. But Just like law enforcement is held to a higher standard , sometimes judges and the courts have to go out of their way to prove that they are not being Partial to the person for celebrity status. Lots of points to consider......how drunk was he? Did the person killed cross in front of the vehicle illegally ? It could be argued That would have caused his death anyway .


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: bsmooth on April 01, 2009, 07:48:53 pm
He is being charged with DUI manslaughter and faces up to 15 years


Title: Re: Browns WR Stallworth hits, kills Fla. pedestrian..........
Post by: YoFuggedaboutit on April 01, 2009, 09:58:18 pm
He is being charged with DUI manslaughter and faces up to 15 years

Which is exactly how it should be.