I can see what you're getting at, but I'm going to have to say you've got the wrong end of the stick here. The judge apparently agrees with me, because he found these two guilty in this case. This particular (fake) deer in the middle of the road was only there because these two idiots decided to put it there. If they had thought about it at all, what did they think would be the result of this? In fact, there's good reason to believe they thought it would result in some type of accident, which apparently they thought would be entertaining. Same kind of moronic mentality as punks dropping rocks off overpasses just to see what would happen. I did a lot of stupid things in my youth, but even at my most booze and testosterone addled worst I never would have considered doing something so stupid.
The only real issue up for debate here is whether or not their sentences should have been delayed until after the football season. My instinct is to say no, they shouldn't have been.
They pled no contest in a plea bargain. They had been charged with four counts of felonious assault, among other charges. The case did not go to trial. I'm also not disagreeing that the committed a serious crime by what they did.
This particular (fake) deer in the middle of the road was only there because these two idiots decided to put it there.
I agree. They created the situation through their own criminal acts. RGSpincich pointed me to an article that had more information.
http://www.limanews.com/story.php?IDnum=27320
According to this article, the deer was placed in such a way that it couldn't be seen from a ways off. The first few drivers were able to slow down and avoid the decoy.
It seems strange that none of them stopped.
However, the article also sheds some light on why Roby was unable to safely avoid the deer and why the crash was so severe.
Prosecutors also have filed motions trying to keep records showing the level of marijuana in Roby’s system and his vehicle speed, along with Zachariah’s blood-alcohol level, from being admitted into evidence. But Rogers’ attorney, Maria Santo, of Lima, has filed a written argument saying the level of marijuana and speed of the car should be allowed into evidence. Other motorists driving within the speed limit and not under the influence of drugs or alcohol did not crash, she argued in court records. Traveling at a high rate of speed, 72 to 79 mph, while under the influence of drugs and alcohol must be considered when the case goes to trial, Santo argued.
Same kind of moronic mentality as punks dropping rocks off overpasses just to see what would happen.
Yea, this does have a lot of similarity with that.
The only real issue up for debate here is whether or not their sentences should have been delayed until after the football season. My instinct is to say no, they shouldn't have been.
I think the major factor in that was that these two didn't actually put the deer on the road. They didn't stop those that did and didn't try and remove it, so they definitely share in the guilt, but it appears their role was a passive one rather than an active one.
This was also part of a plea deal in exchange for their testimony against the others.
However, the Associated Press is being very selective in how they report this story and making Roby look entirely innocent and making these two look like the direct perpetrators who placed the decoy on the road.
The facts still paint a picture of some criminally irresponsible teens who deserve to be punished. However, they couldn't have expected Roby to come flying down the road going 20 miles over the speed limit while under the influence.
It does appear the teens intended to damage someone's car, and they should have expected that someone might be injured by their actions. However, this accident went well beyond what they could have expected because the driver was going way to fast and appears to have not reacted in time due to being impaired.
I did a lot of stupid things in my youth, but even at my most booze and testosterone addled worst I never would have considered doing something so stupid.
I actually did have a "friend" that tossed a small rock off of an overpass over a rural highway when we were kids (maybe early teens).
The rock fortunately didn't hit any cars. I don't remember what I said to him but I think I called him a lot of names that were appropriate at the time, told him he could kill someone doing that, and then got the heck out of there.
He ran off as well, and to my knowledge never did it again.
I fortunately found better friends to hang out with.