Browns WR Stallworth hits, kills Fla. pedestrian..........

[StL FinFan]

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?

[Defense54]

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.  

[Defense54]

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 . 

[StL FinFan]

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.

[Defense54]

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

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

[YoFuggedaboutit]

^^^^

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. 

[bsmooth]

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.

[Defense54]

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. 

[SportsChick]

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

[Defense54]

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. 

[SportsChick]

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

[bsmooth]

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.

[YoFuggedaboutit]

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. 

[StL FinFan]

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. 

[YoFuggedaboutit]

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.