Posted on 11/21/2014 7:28:49 PM PST by Bettyprob
Georgia Man Shoots and Kills Driver Who Mistakenly Pulled Into His Driveway . . . Allowed To Plead To A Single Misdemeanor With No Jail Time and A $500 Fine
There is a surprising plea deal in Georgia this week where Philip Sailors, 69, was accused of responding to Rodrigo Diaz pulling into his driveway by mistake by shooting him in the head and killing him. Sailors has now been allowed to plead out on a single misdemeanor for involuntary manslaughter with no jail time. He was facing a murder charge. Under the plea bargain, Sailors will serve 12-months’ probation and pay a $500 fine. What is equally striking is that Sailors declined to say a word of apology to the family of Diaz when he appeared in court to accept the plea bargain of lifetime.
Diaz appears to have pulled into the wrong driveway while following a mistaken GPS in January 2013. He was trying to find the driveway of his friend across the street to go roller-skating. When Sailors saw a strange car, he came out shooting: firing once in the air and once through the windshield of the car. The second round struck Diaz in the head.
(Excerpt) Read more at jonathanturley.org ...
I believe in my jurisdiction that a property owner is only justified in using that level of force which is necessary to remove a trespasser from the property.
In this case, if the man killed was in fact leaving the property, then the amount of force necessary was ... NONE.
The original reporting says Diaz sped up towards Sailors and nearly hit him with his car. Then Sailors fired into the car killing Diaz. Diaz’ friends in the car say that’s not what happened.
It’s a startling sentence. Having said that, this guy is a curmudgeon’s curmudgeon: He’s got the platinum card!
That is a horse of a different color.
If I were a member of the Diaz family, I would be planning my OWN justice right about now.
Something smells here.
Never mind. They got paid, and kept their family secret(s)
I’d bet the judge is an anti gun dem, or his supporters are, and saw an opportunity to create an “outlier” case that will serve to foster less tolerance of “stand your ground” and other self defense rights...
Or maybe not...
“Yeah ...... the entire story is BS. More to it IMO.”
Nailed it.
LOL, doctor says otherwise.
Think about this possibility.
The kid was a big problem.
The DA thought killing him was not such a bad idea.
The shooter does not want to go to jail and the PA really does not want to send him to jail.
So they do an out of court money settlement and the court gives him a slap on the wrist.
And the parents go around squealing to everyone that their kid was not a bad kid.
And the shooter’s settlement probably had a clause preventing him from accusing the kid.
And along comes a lib who wants to make it look like it happened only because of the Georgia gun laws.
——Trespassing into somebody’s property is met with a deadly response. I seldom see problem with that.——
Seriously?
Even if, and the story is short on facts, the guy just pulled into his driveway, it’s OK to blow him away...?
That is certainly a possibility - thank you.
This is awful. We have a circle driveway and live on a VERY busy street. People use my circle drive way to turn and go the other direction and it doesn’t bother me at all. It is terrible to need to go the opposite direction and heavy traffic won’t let you make a correction.
This shooter needs to be locked up.
From the link in 76:
According to Puglise, Sailors grabbed his gun as he headed outside, firing a warning shot into the air. He said he fired at Diaz only after Diaz accelerated his car toward him.
“He thought he was going to get run down,” the lawyer said.
But the police report indicates that the vehicle was leaving Sailors’ property when Diaz was shot. Lilburn police said they found his red Mitsubishi at the end of the driveway. Diaz was slumped over the steering wheel, blood covering his face and, the incident report states, struggling to breathe.
The Colombia native who attended Gwinnett Tech and worked at his brother’s cargo shipping business was pronounced dead the following morning from a single bullet that entered the left side of his head and fragmented, causing severe brain damage.
Rebolledo said she was in love with Diaz, her boyfriend of seven months. Her father, Gregory Rebolledo, said Diaz was more responsible than most his age, eschewing gangs and partying and rarely drinking alcohol.
was pronounced dead the following morning from a single bullet that entered the left side of his head
Which way do you turn your head to see if you are backing up? Yep, the left side of your head would be facing the shooter.
All of your arguments start with “if”. Sorry, but raising strawman arguments isn’t going to cut it.
There is a reason why the guy wasn’t even charged for this so called murder. The fine of $500 tells it all. Thank God for justice, despite the lynch mob.
Well considering the article was almost completely lacking in any details...of course they are a lot of "if's"
Still based on whatever facts are in the article, it would seem like the guy got away with murder...his punishment says otherwise
I'm all for protecting ones property with deadly force if need be, but the article says he came out shooting with a warning shot and then killed the guy...with seemingly no thread presented..
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