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Georgia Man Shoots and Kills Driver Who Mistakenly Pulled Into His Driveway
JonathanTurley.org ^ | November 20, 2014 | Jonathan Turley

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 ...


TOPICS: Local News
KEYWORDS: georgia; pleadeal; shooting
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To: Bettyprob

So this old psychopath doesn’t serve any time in jail?


41 posted on 11/21/2014 8:10:54 PM PST by stuck_in_new_orleans
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To: Bettyprob

“District Attorney, Danny Porter, said the family was on board with the plea deal.
“They are not in a position where they want to have Mr. Sailors sent to prison for the rest of his life,” Porter said in court. “They are in a position where it is most important to them, that the public understand that Mr. Diaz, who was driving the car, was not committing any crime. (He) was not engaged in any unlawful activity, was not engaged in anything even improper.”

As we first reported in May, the Diaz family sued Phillip Sailors citing he acted negligently.
Attorneys say there was a settlement in which the family received an undisclosed amount of money.

http://www.wsbtv.com/news/news/local/gwinnett-co-man-pleads-guilty-driveway-shooting/nh8r5/


42 posted on 11/21/2014 8:11:38 PM PST by ironman
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To: Squantos

It could be that, however. A combination of good-ole-boy government and an illegale family that wanted to keep a low profile and not be made famous in a trial.


43 posted on 11/21/2014 8:12:27 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Balding_Eagle

What is being hinted at but left out is that the defendant probably made a very generous settlement with the family so that they would accept the plea deal. Now why the DA went for such a plea, I can not imagine.


44 posted on 11/21/2014 8:12:44 PM PST by JLS
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To: ironman

Might even be that the man promised them his home or other things that he could not give if he had to mount a criminal defense.


45 posted on 11/21/2014 8:13:25 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: cripplecreek

Man, we would all be dead.


46 posted on 11/21/2014 8:16:11 PM PST by BBell (I'm cynical and sarcastic and therefore I love Ann Coulter)
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To: HiTech RedNeck

POSSIBLE...Yes. My first thought was “Witless Protection Program” had Sailor as a member of their club fed.


47 posted on 11/21/2014 8:21:42 PM PST by Squantos ( Be polite, be professional, but have a plan to kill everyone you meet ...)
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To: TigersEye
Your post was not worth replying to.

And yet, you did.

And the reason you did is that I made a reasonable argument that the guy was found not guilty because of facts Turley hid from us.

48 posted on 11/21/2014 8:24:45 PM PST by Balding_Eagle (The Gruber Revelations are proof that God is still smiling on America.)
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To: Balding_Eagle

If you want to call it a reply.


49 posted on 11/21/2014 8:28:32 PM PST by TigersEye (ISIS is the tip of the spear. The spear is Islam.)
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To: sagar

So if someone is walking on a sidewalk in front of your house and accidentally puts a foot in your yard, you have the right to shoot them? Do you realize how crazy that is?


50 posted on 11/21/2014 8:29:47 PM PST by driftless2 (For long term happiness, learn how to play the accordion.)
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To: Balding_Eagle

I wouldn’t call an unfounded assumption an argument either so I guess we define a lot of words differently.


51 posted on 11/21/2014 8:30:20 PM PST by TigersEye (ISIS is the tip of the spear. The spear is Islam.)
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To: TigersEye

So what is this post called?


52 posted on 11/21/2014 8:30:37 PM PST by Balding_Eagle (The Gruber Revelations are proof that God is still smiling on America.)
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To: Balding_Eagle

Poking an atherosclerotic old fart.


53 posted on 11/21/2014 8:31:32 PM PST by TigersEye (ISIS is the tip of the spear. The spear is Islam.)
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To: All

Based on this report - the idiot belongs in prison.

Maybe there is more to the story.


54 posted on 11/21/2014 8:44:06 PM PST by QuisCustodiet1776 (Live free or die.)
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To: old curmudgeon

You raise a VERY good point. Will have to keep my eye on this story, and see how it plays out. Thanks for your reply.


55 posted on 11/21/2014 8:50:32 PM PST by jttpwalsh
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To: Bettyprob
Lilburn vs NYC crime rates:

Crime rates in New York by Year

Type

2000

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

Murders
(per 100,000)
673
(8.7)
587
(7.3)
597
(7.4)
570
(7.0)
539
(6.6)
596
(7.3)
496
(6.0)
523
(6.3)
471
(5.6)
536
(6.4)
515
(6.3)
419
(5.1)
Rapes
(per 100,000)
1,630
(21.0)
1,689
(20.9)
1,609
(19.9)
1,428
(17.6)
1,412
(17.4)
1,071
(13.1)
875
(10.6)
890
(10.7)
832
(9.9)
1,036
(12.4)
1,092
(13.3)
1,162
(14.0)
Robberies
(per 100,000)
32,562
(420.3)
27,229
(336.8)
25,989
(320.9)
24,373
(300.9)
24,722
(304.6)
23,511
(287.9)
21,787
(265.0)
22,186
(265.9)
18,597
(221.4)
19,608
(235.2)
19,773
(240.8)
20,201
(243.7)
Assaults
(per 100,000)
40,880
(527.7)
34,334
(424.7)
31,253
(385.9)
29,317
(361.9)
27,950
(344.4)
26,908
(329.6)
27,295
(332.0)
24,831
(297.6)
26,457
(314.9)
27,309
(327.6)
29,829
(363.2)
31,211
(376.5)
Burglaries
(per 100,000)
37,112
(479.1)
30,102
(372.3)
28,293
(349.4)
26,100
(322.2)
23,210
(286.0)
22,137
(271.1)
20,914
(254.4)
19,867
(238.1)
18,780
(223.5)
17,926
(215.0)
18,159
(221.1)
18,635
(224.8)
Thefts
(per 100,000)
139,664
(1,802.9)
129,655
(1,603.7)
124,846
(1,541.7)
124,016
(1,530.8)
120,918
(1,489.9)
115,363
(1,412.9)
115,318
(1,402.9)
117,682
(1,410.2)
112,526
(1,339.5)
111,370
(1,336.0)
112,864
(1,374.4)
115,935
(1,398.6)
Auto thefts
(per 100,000)
35,847
(462.8)
27,034
(334.4)
23,628
(291.8)
21,072
(260.1)
18,381
(226.5)
15,936
(195.2)
13,256
(161.3)
12,440
(149.1)
10,694
(127.3)
10,319
(123.8)
9,434
(114.9)
8,190
(98.8)
Arson
(per 100,000)
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Crime rate (higher means more crime, U.S. average = 298.7) 419.6 343.2 322.1 303.4 292.9 275.8 260.2 252.0 234.1 243.7 254.4 256.1

Crime rates in Lilburn by Year

Type

2001

2007

2008

2009

2010

2011

2012

Murders
(per 100,000)
0
(0.0)
0
(0.0)
0
(0.0)
0
(0.0)
0
(0.0)
0
(0.0)
0
(0.0)
Rapes
(per 100,000)
2
(17.3)
1
(8.6)
2
(17.3)
4
(34.4)
2
(17.2)
0
(0.0)
3
(24.8)
Robberies
(per 100,000)
25
(215.9)
37
(319.9)
30
(259.8)
31
(266.7)
24
(206.1)
26
(221.3)
22
(182.1)
Assaults
(per 100,000)
16
(138.2)
21
(181.6)
20
(173.2)
16
(137.6)
21
(180.3)
27
(229.8)
21
(173.9)
Burglaries
(per 100,000)
126
(1,088.1)
111
(959.6)
127
(1,099.9)
127
(1,092.5)
108
(927.4)
114
(970.3)
99
(819.6)
Thefts
(per 100,000)
295
(2,547.5)
411
(3,553.2)
423
(3,663.6)
381
(3,277.4)
441
(3,787.0)
594
(5,055.7)
656
(5,430.9)
Auto thefts
(per 100,000)
22
(190.0)
63
(544.7)
50
(433.1)
35
(301.1)
28
(240.4)
32
(272.4)
34
(281.5)
Arson
(per 100,000)
N/A N/A N/A 2
(17.2)
0
(0.0)
0
(0.0)
2
(16.6)
Crime rate (higher means more crime, U.S. average = 285.2) 308.9 404.4 396.7 378.2 358.2 417.0 419.2

56 posted on 11/21/2014 8:51:51 PM PST by Zhang Fei (Let us pray that peace be now restored to the world and that God will preserve it always.)
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To: Bettyprob
It does seem as if we are missing some key information in this case.

Here's an excerpt from one of the comments below the linked article:

"A similar scenario happened to one of my coworkers. He was caravanning with some people from work, and somehow followed the wrong car. The other driver began frantically trying to evade him, which he thought was his friend playing around. She drove home, pulled into her garage, and shut the door, while he got out in her driveway, laughing. Well, her hulking beast man husband was home, and was most displeased at the hysterical state his wife was in. The light bulb finally went off for my coworker, who scrambled into his car and burned rubber."

Something like the above situation could easily lead to an overreaction by the husband. I appreciate stories like these because they reinforce my attitude that retreat, whenever possible, should get a high priority.

The "castle doctrine" should be treated as a remedy for unjustified prosecution after the fact and not as an issue in choosing tactics before the fact.

57 posted on 11/21/2014 8:59:45 PM PST by William Tell
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To: Bettyprob
This took place in Gwinnett County which has had its share of home invasions. Here is a local story on it:

Gwinnett Daily Post

58 posted on 11/21/2014 9:00:04 PM PST by Hoodat (Article 4, Section 4)
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To: Bettyprob

He should be either in prison or the looney bin.


59 posted on 11/21/2014 9:00:51 PM PST by MistrX
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To: rockinqsranch

I think you’ll get your answer here.

http://www.ajc.com/news/news/man-gets-12-months-probation-500-fine-in-fatal-gwi/nh8sT/

An insurance settlement and support for leniency from the victim’s family had everything to do with the light sentence.


60 posted on 11/21/2014 9:02:59 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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