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Old 01-27-2005, 08:06 AM   #1
Kevy Baby
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Death toll is up to 11

Murder may not be the charge because INTENT to cause harm to OTHERS might be difficult to prove in this case.

And FWIW, according to eyewitness stories coming out, he did try to get the Jeep back off the tracks.
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Old 01-27-2005, 10:22 AM   #2
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Quote:
Originally Posted by Kevy Baby
Death toll is up to 11

Murder may not be the charge because INTENT to cause harm to OTHERS might be difficult to prove in this case.

And FWIW, according to eyewitness stories coming out, he did try to get the Jeep back off the tracks.
http://www.msnbc.msn.com/id/6870372/

He's already been charged with 10 counts, it will be amended to 11.

I would liken it to walking into a crowded room and firing randomly. You may not have intended to kill anyone, but it's still an act that has little chance of NOT killing someone. This isn't like killing someone while DUI. That's manslaughter because, while the odds are worse, the fact is that most of the time people who are DUI DON'T kill someone. It's not a very direct cause and effect. Parking a large vehicle on a train track, however, has a high, almost unavoidable, probability of death as an outcome.

Yes, he tried to get the car off, but it was stuck. But his original intent was to leave it there. Just because he failed to undo what he was trying to do to begin with doesn't relieve him of his culpability. "Yes, I set a trap for him that killed him. But I was on my way back to disarm it, he just go there first," isn't much of a defense.
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Old 01-27-2005, 12:29 PM   #3
Gemini Cricket
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Man accused in train crash faces murder charges
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The charges against Juan Manuel Alvarez, 25, include a special circumstance that would make him eligible for the death penalty...
Is that ironic, or what?
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Old 01-27-2005, 06:07 PM   #4
Nephythys
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Originally Posted by Gemini Cricket

I'm not convinced that was not his plan- he could not successfully kill himself, so he may be glad for someone to do it for him. Similar to suicide by police.
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Old 01-27-2005, 10:04 PM   #5
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Damn. I saw a picture of this today. I feel bad for the guy, being suicidal, but really, that doesn't give you the right to take anybody else with you. There are so many ways you can hit the Great Beyond...

It's true that suicidal people hide it- my dad certainly did. Mom and my brother didn't have a clue that anything was wrong until that one morning...

But he didn't take anybody else out, only himself. Didn't even make much noise. Hardly disturbed my mom at all; she just "got a feeling" to check on him...

May the wounded heal quickly. I may renew my Costco membership; it's great that they would help out. Granted, it's a human reaction to want to help, and Costco certainly has the resources, but it's gratifying to see that a corportation might have a heart after all. Once in a while.
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