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Richmond Woman's Sentence Ruled Unconstitutional, Shortened
NBC Bay Area ^ | 2/16

Posted on 02/16/2017 12:43:45 PM PST by nickcarraway

Deyanira Cuiriz was celebrating her birthday in August 2012 when two men beat her father. As they drove away, she fired a gun into their truck, striking one of the men in the spine and paralyzing him.

A state appeals court has ruled that the mandatory life sentence handed down to a Bay Area woman who shot and gravely wounded a man who had just beaten her father is unconstitutional.

The San Francisco Chronicle reports that Deyanira Cuiriz had been sentenced to 27 years to life in prison for attempted voluntary manslaughter, mayhem and shooting at an occupied vehicle


TOPICS: Crime/Corruption; Extended News; News/Current Events
KEYWORDS: banglist
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1 posted on 02/16/2017 12:43:45 PM PST by nickcarraway
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To: nickcarraway

Is it too soon for President Trump to pardon her?


2 posted on 02/16/2017 12:48:06 PM PST by moovova
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To: nickcarraway

That is a long sentence for the charge. They don’t want people defending themselves.


3 posted on 02/16/2017 12:48:49 PM PST by Rusty0604
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To: moovova

It’s not a federal case so Pres. Trump has no say.


4 posted on 02/16/2017 12:52:22 PM PST by Enchante (Libtards are enemies of true civilization!)
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To: nickcarraway

She should be sentenced to several weeks at a gun range so she can blow the sobs head off next time. Case dismissed.


5 posted on 02/16/2017 1:06:17 PM PST by ZULU (Particular circumstances can never be used to justify an act that is intrinsically evil.)
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To: Rusty0604

Probably true, but in this case, the culprit was leaving.


6 posted on 02/16/2017 1:14:33 PM PST by nickcarraway
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To: nickcarraway

Id give her time served and shes out.


7 posted on 02/16/2017 1:15:07 PM PST by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: Rusty0604

Not in California they don’t.


8 posted on 02/16/2017 1:16:05 PM PST by ridesthemiles
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To: Rusty0604
They don’t want people defending themselves.

As they drove away, she fired a gun into their truck

And there's the problem.....they were driving away. The threat was over.

Here, in The Peoples Republic of CT.if someone attacks you, then flees......if you grab a gun and give chase, in the eyes of the law you are now the threat.

9 posted on 02/16/2017 1:16:50 PM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: nickcarraway

Why were they beating her father? Let’s say the father tried to rob the two men. On the other hand let’s say the two men were trying to rob her father.

I guess legally it doesn’t make any difference in her case as you can’t shoot a fleeing suspect in CA.


10 posted on 02/16/2017 1:24:34 PM PST by alternatives? (Why have an army if there are no borders?)
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To: nickcarraway

guts of the original story here...

this one is a corker and sad...

http://www.mercurynews.com/2015/01/09/richmond-woman-sentenced-to-27-years-to-life-for-shooting-at-her-birthday-party/


11 posted on 02/16/2017 1:25:15 PM PST by stylin19a (Terrorists - "just because you don't see them doesn't mean they aren't there")
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To: stylin19a

I noticed this:

When Barcenas, whose friend threw the punch, appeared to reach toward the car’s center console, Cuiriz shot him in the cheek, Zambrana said. The bullet struck his spine and left him paralyzed from the neck down.

***
So it seems she thought the guy was reaching for a gun. I don’t know anything about the law, but her reaction sounds like self-defense.


12 posted on 02/16/2017 1:31:39 PM PST by Bigg Red (The best f-word we can apply to Obama on this glorious inauguration day is "former".)
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To: Bigg Red

jurors had remorse....I wonder what kind of instructions they were given.

The interesting thing is, she could have gotten a plea deal that got here out when she was 26.


13 posted on 02/16/2017 1:41:35 PM PST by stylin19a (Terrorists - "just because you don't see them doesn't mean they aren't there")
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To: nickcarraway

I know, but under the circumstances she pro ably wasn’t thinking clearly. I guess I’ve seen lesser sentences given for murder with malicious motives.


14 posted on 02/16/2017 1:43:24 PM PST by Rusty0604
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To: stylin19a

here = her
sheesh.


15 posted on 02/16/2017 2:05:20 PM PST by stylin19a (Terrorists - "just because you don't see them doesn't mean they aren't there")
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To: stylin19a

The interesting thing is, she could have gotten a plea deal that got here out when she was 26.

***
Perhaps she and her legal counsel were convinced that they had a solid case of self-defense....


16 posted on 02/16/2017 2:25:11 PM PST by Bigg Red (The best f-word we can apply to Obama on this glorious inauguration day is "former".)
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To: alternatives?
I guess legally it doesn’t make any difference in her case as you can’t shoot a fleeing suspect in CA.

Unless you're a cop. Then it's okay.

<1>Tennessee v. Edward Garner, et al.

17 posted on 02/16/2017 2:37:42 PM PST by MeganC (Democrat by birth, Republican by default, conservative by principle.)
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To: Bigg Red

that’s the way it looks....that’s why I wondered if the jurors had no leeway based on judge’s instructions, considering the jurors comments.


18 posted on 02/16/2017 2:38:09 PM PST by stylin19a (Terrorists - "just because you don't see them doesn't mean they aren't there")
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To: Rusty0604

They were fleeing in a vehicle. In the cities in California you cannot fire a weapon....for any reason....


19 posted on 02/16/2017 3:49:51 PM PST by Nifster (I see puppy dogs in the clouds)
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To: stylin19a
Just remember the names of the scumbag perps in this case:

Trevor White, and Matt Caron.

20 posted on 02/16/2017 6:17:49 PM PST by kiryandil (Will Hillary's BrownShirt Media thugs demand that The Deplorables all wear six-pointed Orange Stars?)
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