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Fair Punishment? 5 years for death of a cyclist?



 
 
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  #1  
Old March 31st 09, 12:27 AM posted to rec.bicycles.misc
Ablang
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Posts: 128
Default Fair Punishment? 5 years for death of a cyclist?

Fair Punishment?
March 28th, 2009 by Matt

http://bikehacks.com/fair-punishment/

When I first read this story shivers went through my body. This comes
from MercuryNews.com:

http://www.mercurynews.com/news/ci_11957656

SALINAS, Calif.—A motorist who called 911 to report hitting something
hours earlier on Highway 1 has pleaded no contest to vehicular
manslaughter in the drunken driving hit-and-run death of a bicyclist.

The bicycle was still attached to Charles Seaborn’s Range Rover when
the California Highway Patrol arrived at his Carmel Highlands home.

The 54-year-old Seaborn pleaded no contest to vehicular manslaughter
while intoxicated and felony hit-and-run for the death of 48-year-old
Daniel Vasquez on Feb. 9, 2007. Seaborn will be sentenced May 15 to
five years in prison.

Let me get this straight, the driver was so drunk that he did not
notice a bicycle attached to his car after he had run the cyclist
over? And he got five years for taking someone’s life? Please at least
tell me that he will never, ever be able to possess a drivers license
again for the rest of his life. If it is not a law that if you kill
someone while driving you will never ever be able to possess a motor
vehicle license again, it should be.

Be careful on the roads out there folks.
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  #2  
Old March 31st 09, 01:29 AM posted to rec.bicycles.misc
Neil Brooks
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Posts: 326
Default Fair Punishment? 5 years for death of a cyclist?

On Mar 30, 5:27*pm, Ablang wrote:

Let me get this straight, the driver was so drunk that he did not
notice a bicycle attached to his car after he had run the cyclist
over? And he got five years for taking someone’s life? Please at least
tell me that he will never, ever be able to possess a drivers license
again for the rest of his life. If it is not a law that if you kill
someone while driving you will never ever be able to possess a motor
vehicle license again, it should be.

Be careful on the roads out there folks.



Remember: we can ALL be disgusted, shocked, horrified, and aghast ...
but still not be surprised.

At least ... that's my reaction.
  #3  
Old March 31st 09, 02:58 PM posted to rec.bicycles.misc
ru4linux2
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Posts: 49
Default Fair Punishment? 5 years for death of a cyclist?

On Mar 30, 6:27*pm, Ablang wrote:
*Fair Punishment?
March 28th, 2009 by Matt

http://bikehacks.com/fair-punishment/

When I first read this story shivers went through my body. This comes
from MercuryNews.com:

http://www.mercurynews.com/news/ci_11957656

SALINAS, Calif.—A motorist who called 911 to report hitting something
hours earlier on Highway 1 has pleaded no contest to vehicular
manslaughter in the drunken driving hit-and-run death of a bicyclist.

The bicycle was still attached to Charles Seaborn’s Range Rover when
the California Highway Patrol arrived at his Carmel Highlands home.

The 54-year-old Seaborn pleaded no contest to vehicular manslaughter
while intoxicated and felony hit-and-run for the death of 48-year-old
Daniel Vasquez on Feb. 9, 2007. Seaborn will be sentenced May 15 to
five years in prison.

Let me get this straight, the driver was so drunk that he did not
notice a bicycle attached to his car after he had run the cyclist
over? And he got five years for taking someone’s life? Please at least
tell me that he will never, ever be able to possess a drivers license
again for the rest of his life. If it is not a law that if you kill
someone while driving you will never ever be able to possess a motor
vehicle license again, it should be.

Be careful on the roads out there folks.


Unfortunately this is not the only crime for which, to my mind, we
don't have an appropriate punishment.

Lewis.

*****
  #4  
Old March 31st 09, 04:11 PM posted to rec.bicycles.misc
[email protected]
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Posts: 371
Default Fair Punishment? 5 years for death of a cyclist?

ru4linux2 wrote:
On Mar 30, 6:27*pm, Ablang wrote:
*Fair Punishment?
March 28th, 2009 by Matt

http://bikehacks.com/fair-punishment/

When I first read this story shivers went through my body. This comes
from MercuryNews.com:

http://www.mercurynews.com/news/ci_11957656

SALINAS, Calif.???A motorist who called 911 to report hitting something
hours earlier on Highway 1 has pleaded no contest to vehicular
manslaughter in the drunken driving hit-and-run death of a bicyclist.

The bicycle was still attached to Charles Seaborn???s Range Rover when
the California Highway Patrol arrived at his Carmel Highlands home.

The 54-year-old Seaborn pleaded no contest to vehicular manslaughter
while intoxicated and felony hit-and-run for the death of 48-year-old
Daniel Vasquez on Feb. 9, 2007. Seaborn will be sentenced May 15 to
five years in prison.

Let me get this straight, the driver was so drunk that he did not
notice a bicycle attached to his car after he had run the cyclist
over? And he got five years for taking someone???s life? Please at least
tell me that he will never, ever be able to possess a drivers license
again for the rest of his life. If it is not a law that if you kill
someone while driving you will never ever be able to possess a motor
vehicle license again, it should be.

Be careful on the roads out there folks.


Unfortunately this is not the only crime for which, to my mind, we
don't have an appropriate punishment.


This guy's name wasn't by any chance Dan White, was it? Alcohol,
twinkies - we're not responsible when we ingest, you know.

(Sarcasm mode back off.)

Talk about getting away with murder...


Frumious
  #5  
Old March 31st 09, 09:21 PM posted to rec.bicycles.misc
Mike Jacoubowsky
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Posts: 2,972
Default Fair Punishment? 5 years for death of a cyclist?

Unfortunately this is not the only crime for which, to my mind, we
don't have an appropriate punishment.

Lewis.


??? We definitely do have appropriate punishments for 1st & 2nd degree
murder, as well as vehicular manslaughter. They're just not applied.
This isn't a problem about laws, it's a problem about, in some cases,
excessive judicial discretion. We could go too far the other way, and
end up with some of the more-absurd examples that can happen with the
3-strikes rule, but I would favor a system where, if the sentence was at
the lenient end of the allowable scale, it would be subject to review.
You'd probably run into some double-jeopardy issues of some sort, but it
would certainly make sense to take a closer look at situations where
somebody was obviously guilty and yet got off with a very light
sentence.

--Mike Jacoubowsky
Chain Reaction Bicycles
www.ChainReaction.com
Redwood City & Los Altos, CA USA


"ru4linux2" wrote in message
...
On Mar 30, 6:27 pm, Ablang wrote:
Fair Punishment?
March 28th, 2009 by Matt

http://bikehacks.com/fair-punishment/

When I first read this story shivers went through my body. This comes
from MercuryNews.com:

http://www.mercurynews.com/news/ci_11957656

SALINAS, Calif.—A motorist who called 911 to report hitting something
hours earlier on Highway 1 has pleaded no contest to vehicular
manslaughter in the drunken driving hit-and-run death of a bicyclist.

The bicycle was still attached to Charles Seaborn’s Range Rover when
the California Highway Patrol arrived at his Carmel Highlands home.

The 54-year-old Seaborn pleaded no contest to vehicular manslaughter
while intoxicated and felony hit-and-run for the death of 48-year-old
Daniel Vasquez on Feb. 9, 2007. Seaborn will be sentenced May 15 to
five years in prison.

Let me get this straight, the driver was so drunk that he did not
notice a bicycle attached to his car after he had run the cyclist
over? And he got five years for taking someone’s life? Please at least
tell me that he will never, ever be able to possess a drivers license
again for the rest of his life. If it is not a law that if you kill
someone while driving you will never ever be able to possess a motor
vehicle license again, it should be.

Be careful on the roads out there folks.


Unfortunately this is not the only crime for which, to my mind, we
don't have an appropriate punishment.

Lewis.

*****


  #6  
Old March 31st 09, 11:13 PM posted to rec.bicycles.misc
slide[_2_]
external usenet poster
 
Posts: 76
Default Fair Punishment? 5 years for death of a cyclist?

Ablang wrote:


Be careful on the roads out there folks.


Implying that Vasquez wasn't careful?
  #7  
Old March 31st 09, 11:17 PM posted to rec.bicycles.misc
slide[_2_]
external usenet poster
 
Posts: 76
Default Fair Punishment? 5 years for death of a cyclist?

Mike Jacoubowsky wrote:


??? We definitely do have appropriate punishments for 1st & 2nd degree
murder, as well as vehicular manslaughter. They're just not applied.


They would be if the circumstances fit those crimes. Murder implies
intent at least reasonably knowing what you do will lead to the death of
someone. If Seaborn had a grudge against Vasquez and used his SUV as a
weapon with the intent to kill or harm, he'd be indicted for murder, I'm
sure.

The only way to determine equality here is to ask if Seaborn had done
exactly the same thing but killed a person in a cage. Would then he be
indicted for murder? I doubt it. What do you think?
  #8  
Old April 1st 09, 01:17 PM posted to rec.bicycles.misc
dgk
external usenet poster
 
Posts: 827
Default Fair Punishment? 5 years for death of a cyclist?

On Tue, 31 Mar 2009 16:13:57 -0600, slide
wrote:

Ablang wrote:


Be careful on the roads out there folks.


Implying that Vasquez wasn't careful?


True, there isn't anything you can do if someone is going to be
criminally reckless. It's just the odds of life.
  #9  
Old April 2nd 09, 08:48 PM posted to rec.bicycles.misc
Mike Jacoubowsky
external usenet poster
 
Posts: 2,972
Default Fair Punishment? 5 years for death of a cyclist?

"slide" wrote in message
...
Ablang wrote:


Be careful on the roads out there folks.


Implying that Vasquez wasn't careful?


You don't need to cast Vasquez as being at fault to suggest that there
are things that can be done to make us safer when we ride. Life is all
about balancing risks & benefits. Admitting that doesn't take blame away
from the driver.

--Mike Jacoubowsky
Chain Reaction Bicycles
www.ChainReaction.com
Redwood City & Los Altos, CA USA


  #10  
Old April 3rd 09, 05:05 PM posted to rec.bicycles.misc
landotter
external usenet poster
 
Posts: 6,336
Default Fair Punishment? 5 years for death of a cyclist?

On Mar 30, 7:27*pm, Ablang wrote:
*Fair Punishment?
March 28th, 2009 by Matt

http://bikehacks.com/fair-punishment/

When I first read this story shivers went through my body. This comes
from MercuryNews.com:

http://www.mercurynews.com/news/ci_11957656

SALINAS, Calif.—A motorist who called 911 to report hitting something
hours earlier on Highway 1 has pleaded no contest to vehicular
manslaughter in the drunken driving hit-and-run death of a bicyclist.

The bicycle was still attached to Charles Seaborn’s Range Rover when
the California Highway Patrol arrived at his Carmel Highlands home.

The 54-year-old Seaborn pleaded no contest to vehicular manslaughter
while intoxicated and felony hit-and-run for the death of 48-year-old
Daniel Vasquez on Feb. 9, 2007. Seaborn will be sentenced May 15 to
five years in prison.

Let me get this straight, the driver was so drunk that he did not
notice a bicycle attached to his car after he had run the cyclist
over? And he got five years for taking someone’s life? Please at least
tell me that he will never, ever be able to possess a drivers license
again for the rest of his life. If it is not a law that if you kill
someone while driving you will never ever be able to possess a motor
vehicle license again, it should be.


I'd agree with a ban on driving. It's waaaay too easy to get your
license back if you've got bux. This bum will be driving when he's out
on parole.

Thing is--we don't know the full story. Was he blind drunk? We don't
know. Probably as you'd be a bit more proactive after a hit like that
if you weren't scared of a DWI. Was the cyclist wrong way riding or
riding without lights? We don't know. If the cyclist was, it should be
ruled accidental--much as I hate pricks in Range Rovers.

 




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