Posted on 12/24/2019 4:50:19 AM PST by grundle
I couldn’t find any details about the case just that the father gave the miscreant some money and then within some short period of time the man was trying to get into a BR stall with the girl in it and then within some other period of time the dad beat the man to death, during the day, with lots of people in and out of that shop, presumably with cameras in the store and outside. The story doesn’t say what the girl said or didn’t say. Too bad they didn’t go with a jury trial but why was the judge so harsh given the event? What came out in the trial that would have biased the judge against the father?
If the story about the girl is true then the prison sentence comes across as unusually harsh against the dad and I would hope he could get a pardon or a commutation of sentence.
Does that answer any of your concerns?
He should be getting a medal instead.
I understand what you’re saying, that any sensible lawyer would keep previous convictions from coming into play here. The rap sheet plays a huge part in the punishment phase.
I don’t see anything here which would be self defense, he purposefully confronted and attacked the man after he left, then fled the scene. I don’t think a jury would nullify under those circumstances.
And finally found some of his California cases; he probably would have been looking at a guideline range of 12 to 25 if the jury went light and found him guilty of manslaughter.
From what I can see, it is 4-10 years for manslaughter and 10-22 years for 2nd degree manslaughter in Arizona. Presumably he was charged for 2nd degree murder and plead down. Thinking about it I agree that he should have gone to trial. Even though he was probably guilty legally, there would be a high probability of acquittal, a huge jury, or a manslaughter conviction, because of how some members of a jury would react.
I can go with that.
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