Posted on 05/19/2005 5:47:37 PM PDT by Dog Gone
23 years ago I organized a chapter of MADD. When I and another were working on the layout of the advertising for a fund raiser we used the mantra: "Drunk Driving - the only socially acceptable form of MURDER"
We had volunteer court monitors for the purpose of cutting down on plea bargaining. The charge of "intoxication manslaughter" does not carry the same sentence as say, "aggravated vehicular homicide", which was the term used in the state at the time indicating a murder by drunk driver.
One of our members had a 9 year old daughter that was a hit and run case by a "habitual drunk". He left her at the side of the road to die. He spent 90 days in jail and was released on shock probation. Believe me, it was a shock to all.
However, the Texas Code of Criminal Procedure allows for a judge to place conditions on a defendant's community supervision. One of those statutory conditions is that the judge may require a defendant placed on community supervision to serve up to 180 days as a condition of his community supervision.
Therefore, if a defendant receives community supervision from the jury, the most jail time he can serve is 180 days.
My point was not that it is a lesser offense with a lower range of punishment. Rather, my point is that a Texas jury is more likely to place a defendant on community supervision in an intoxication manslaughter case than in some other crime where the defendant's conduct was intentional.
I have a brain sucker dyin' of starvation. I saw red, when first reading of this sentencing commitment, and quarked on past- fully recognizing the terms of conditions. I now see the point of your prior post. Thanks for being kind...This case must have some extremely mitigating circumstances.
The State of Texas has a truly amazing interpretation of intent & responsibility. Dang! So, is this the reason, that wealthy cross dressin' body hackin' murderer was cut loose? It was an intoxication related manslaughter?
Why isn't he in jail all the time the next 10 years or longer ?
It never ceases to amaze me that people like you, and the mother of that child, can do the work you do. The mother of that little girl became our spokes person. She began speaking at schools. She humbled us all with her strength and focus.
"If someone shoots into an occupied school, is it any less violent if nobody gets hit?"
What a perfect analogy.
I see the distinction. Sorry that I missed it the first time.
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