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Old 04-14-2010, 08:18 AM   #461
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Quote:
Originally Posted by jgixer View Post
but also if the fella who let him ride the bike says it was ok he is now liable, but also his bond was not dropped down so i highly dont thinkthe charges were dropped as of yet, also he was in commision of a felony his is tarred and feathered i dont know the guy but bad decisions suck.

I am not lawyer, or criminal justice degree holder...but I did stay at a hilton onetime, wow
Maybe he made bond before the charges were dropped?

Quote:
Originally Posted by Badchev View Post
I don't think it's that simple, and unauthorized use isn't a go to prison type of conviction. At least not in all cases.
It is a state jail felony. And he has a prior conviction from what I have read so, it's definately a "go to prison" type conviction in his case.

On felony probabtion, + 2 new felonies. yea..if convicted...he could face stiff penalties.
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Old 04-14-2010, 08:20 AM   #462
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both of those theifs.
also running from the cops?
real winner.
way to leave behind a kid and .
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Old 04-14-2010, 08:20 AM   #463
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However it plays out...it is certainly a sad sad situation for everyone.
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Old 04-14-2010, 08:22 AM   #464
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J. is lucky if the DA doesent add more charges because of the circumstances, its certinally not unheard of
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Old 04-14-2010, 08:22 AM   #465
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Quote:
Originally Posted by jgixer View Post
but also if the fella who let him ride the bike says it was ok he is now liable
Uh, no
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Old 04-14-2010, 08:23 AM   #466
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Quote:
Originally Posted by cdill35 View Post
Maybe he made bond before the charges were dropped?



It is a state jail felony. And he has a prior conviction from what I have read so, it's definately a "go to prison" type conviction in his case.

On felony probabtion, + 2 new felonies. yea..if convicted...he could face stiff penalties.
Well, trust me it's not always the case........same situation involving a car that was totaled in the process but no evading netted 2 weeks in county.
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Old 04-14-2010, 08:25 AM   #467
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SUBSCRIBED.
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Old 04-14-2010, 08:29 AM   #468
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SUBSCRIBED.
I hope you didn't turn on e-mail notification for each new post haha


Lots of crazy stuff going on in this thread. I just hope, like others, that maybe next time someone sees the red and blues that they will think about this story and the poor little girl, or family that they could leave behind and think twice about dropping a gear and taking off and just eat the cost of the ticket(s)

Last edited by GrayJ; 04-14-2010 at 08:32 AM.
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Old 04-14-2010, 08:39 AM   #469
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Quote:
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I hope you didn't turn on e-mail notification for each new post haha


Lots of crazy stuff going on in this thread. I just hope, like others, that maybe next time someone sees the red and blues that they will think about this story and the poor little girl, or family that they could leave behind and think twice about dropping a gear and taking off and just eat the cost of the ticket(s)
Pre Paid Legal FTW, a few years ago when I rode/drove a little faster, I had 17 tickets in 1 year and 16 got dismissed, yea it cost me a few dollars bu not much considering, In fact it was actually fun getting pulled over knowing that U were gonna beat the ticket, actually cought myself laughing and kidding with the cops sometimes, and even a few of them just said fuc it after they realized I had prepaid legal and just tore up the ticket,, best $15 a month U will ever spend, I will never run again, not that I ever did, It is not a game and sure aint worth it
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Old 04-14-2010, 08:41 AM   #470
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Quote:
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This is for everyone jumping to conclusions before knowing the facts. I just spoke with j.

Felony theft charges have been dropped. He only has the felony evading arrest charge.

So all you talking , spreading propaganda....get the story straight before you come in here and post a bunch of bullshit.
Didn't read the last few pages after I saw this, so hopefully this hasn't been said. A little insight to how things work with charges, you always go for the highest charge. The bike was a stolen bike and he was in possession, just cause the DA dropped the charge doesn't mean they can't file on him for it if they don't get a conviction for the evading. The evading is a state jail felony since a vehicle was involve, however it is enhanced to a second degree felony as a death resulted in it. Therefore a second degree felony gets more jail time than the theft. So just because charges aren't filed doesn't mean they didn't do it.
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Old 04-14-2010, 08:43 AM   #471
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Quote:
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Didn't read the last few pages after I saw this, so hopefully this hasn't been said. A little insight to how things work with charges, you always go for the highest charge. The bike was a stolen bike and he was in possession, just cause the DA dropped the charge doesn't mean they can't file on him for it if they don't get a conviction for the evading. The evading is a state jail felony since a vehicle was involve, however it is enhanced to a second degree felony as a death resulted in it. Therefore a second degree felony gets more jail time than the theft. So just because charges aren't filed doesn't mean they didn't do it.
Do you have a link to this law?

Show me how one guy evading on a motorcycle independent of another guy evading on a motorcycle can face charges on the death of the other guy who was controlling his own bike.

Thats insane dude.
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Old 04-14-2010, 08:55 AM   #472
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Quote:
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Didn't read the last few pages after I saw this, so hopefully this hasn't been said. A little insight to how things work with charges, you always go for the highest charge. The bike was a stolen bike and he was in possession, just cause the DA dropped the charge doesn't mean they can't file on him for it if they don't get a conviction for the evading. The evading is a state jail felony since a vehicle was involve, however it is enhanced to a second degree felony as a death resulted in it. Therefore a second degree felony gets more jail time than the theft. So just because charges aren't filed doesn't mean they didn't do it.
If that's true (I'm not a Lawyer), they would have to prove that Slowback caused the other rider's death. If I were a (Defense) Lawyer, I'd say they can't prove that, since the other rider's death was a consequence of his own decisions.
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Old 04-14-2010, 09:01 AM   #473
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^ Well, I have seen cases where a person was evading arrest and the pursuing officer crashed and died and the runner was charged with the officer's death - that happens pretty regularly. This case is a little different but I don't see too much of a stretch to make it work.
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Old 04-14-2010, 09:04 AM   #474
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Old 04-14-2010, 09:06 AM   #475
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Old 04-14-2010, 09:10 AM   #476
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Sec. 38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.

(b) An offense under this section is a Class A misdemeanor, except that the offense is:

(1) a state jail felony if:

(A) the actor has been previously convicted under this section; or

(B) the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;

(2) a felony of the third degree if:

(A) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or

(B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or

(3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.

The DA knows that both parties were together when the chase initiated. So during that incident of the chase someone dies ie bystander, or passenger, or co-defendant because of said chase or actions of said chase then its possible to file the higher charge. Doesn't matter if both have minds of their own, what matters is that both made the choice to evade to which lead to the results that happened. Again I could be wrong as I haven't read the police report or what the exact charges were filed.
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Old 04-14-2010, 09:15 AM   #477
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Quote:
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Sec. 38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.

(b) An offense under this section is a Class A misdemeanor, except that the offense is:

(1) a state jail felony if:

(A) the actor has been previously convicted under this section; or

(B) the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;

(2) a felony of the third degree if:

(A) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or

(B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or

(3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.

The DA knows that both parties were together when the chase initiated. So during that incident of the chase someone dies ie bystander, or passenger, or co-defendant because of said chase or actions of said chase then its possible to file the higher charge. Doesn't matter if both have minds of their own, what matters is that both made the choice to evade to which lead to the results that happened. Again I could be wrong as I haven't read the police report or what the exact charges were filed.
Correct me if I'm wrong but that seems like if the person killed was just an innocent bystander? Would the circumstances change since they were both fleeing?

edit: Didn't read the last paragraph there.. Disregard that
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Old 04-14-2010, 09:18 AM   #478
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Quote:
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(3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.

.
Considering the death was suffered by the person committing the felony I am pretty sure that this paragraph doesnt apply.

You could be right, but I doubt it.
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Old 04-14-2010, 09:18 AM   #479
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I'm not taking any sides here but it sounds like the same type of charge could be made as if two parties are street racing and one dies. The other could be charged for the death. Is evading the same as racing? The DA would have to prove that and if you get an aggressive DA they could try it.
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Old 04-14-2010, 09:21 AM   #480
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Quote:
Considering the death was suffered by the person committing the felony I am pretty sure that this paragraph doesnt apply.

You could be right, but I doubt it.
It's been applied before with other crimes... 2 people rob a store or home, owner shoots and kill's one... the first robber is charged with the death of his cohort.
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