murderer and weapon found!

alarson

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If you can't tell that you hit a man, and a piece of solid equipment like a road bicycle - you have no business behind the wheel.

Youre probably right about this. However, it wouldnt necessarily make it murder if there was some other circumstance to cause it. Im just saying dont jump to conclusions.
 

alarson

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No person in a normal state of mind wants to kill anyone.

I blame the driver for leaving the scene of the accident, for that he needs to be punished.

I don't see any intent to hit the bicycle rider, it was an accident.

exactly.
 

jmb

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No person in a normal state of mind wants to kill anyone.

I blame the driver for leaving the scene of the accident, for that he needs to be punished.

I don't see any intent to hit the bicycle rider, it was an accident.
based upon what?

the fact that the driver was speeding in an area known as high traffic for bicycles...is that what you find as accidental?
 

chadm

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based upon what?

the fact that the driver was speeding in an area known as high traffic for bicycles...is that what you find as accidental?

Have you ever went over the speed limit before? Glass houses fellow clone fan.
 

jmb

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then why bring it up? it is totally seperate from this discussion.
why not? i am making the arguemsent that motorists need to be held to a higher duty, and used this as an exmaple. it seems like you are really having a hard time with parallel positions in a similar thread. would it be better for you if i started a seperate thread, so as to make it a bit easier for you to digest? jeesh
 

Spam

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based upon what?

the fact that the driver was speeding in an area known as high traffic for bicycles...is that what you find as accidental?

OK, so we would have a reckless driving or similar charge. Still not homicide.
 

alarson

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Have they actually determined the speed he was going? It seems like thats been assumed as well. As far as i can see from articles, its just assumed because he was thrown a good distance from the road, but even at the speed limit of 55mph, i can imagine that would throw someone a pretty good distance too.
 

alaskaguy

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No person in a normal state of mind wants to kill anyone.

I blame the driver for leaving the scene of the accident, for that he needs to be punished.

I don't see any intent to hit the bicycle rider, it was an accident.
You are forming your conclusions (speculating).

There is a dead cyclist that a motorist hit. We don't know whether the death was caused by an "accident" or whether something more sinister was involved.

As you noted the motorist fled the scene. Did the motorist turn him self in or did detective work result in his arrest?
 

DaddyMac

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No person in a normal state of mind wants to kill anyone.

I blame the driver for leaving the scene of the accident, for that he needs to be punished.

I don't see any intent to hit the bicycle rider, it was an accident.

There's only one person who really knows the answer.

Like I've said in other posts, my brother in law was run down on his bike by a bunch of kids. Intentionally! So I can easily see it. Was the intent to "kill" - almost certainly not. But if that's the end result - then it is what it is.

I stated in the post last week that I'm a rider, and a driver who is also ticked off by the antics of other riders. So I see both sides of this pretty clear, I think. And I said I can have a certain amount of sympathy and even understanding for the driver. I don't know what the situation WAS, but I know what it could be.

But the second he left the scene - that sympathy and good will is out the window. I disagree with my good friend JMB on the "murder" rap. I don't think this man will be charged as such, and I'm not sure that he should be. However, the fact he left a man dying on the roadside, makes him no better than any other person who leaves someone to die. So in that, he's no better than any other murderer. I share that opinion.

As luck would have it - I'm hopping on my bike for a 10 mi jaunt out to my in-laws for my niece's birthday. 2+ of that on roads - imagine my delight.

Night all. Go lady spikers!
 

alarson

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You are forming your conclusions (speculating).

There is a dead cyclist that a motorist hit. We don't know whether the death was caused by an "accident" or whether something more sinister was involved.

As you noted the motorist fled the scene. Did the motorist turn him self in or did detective work result in his arrest?

Does the answer make him any more or any less a murderer?
 

alaskaguy

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Does the answer make him any more or any less a murderer?
If the guy turned him self in it may indicate (and I am speculating) that this was a non-voluntary action on his behalf.

And it may make a difference in his treatment. Typically individuals that admit their guilt are treated more leniently by the criminal justice system.
 

ISUAlum05

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based upon what?

the fact that the driver was speeding in an area known as high traffic for bicycles...is that what you find as accidental?

Well then, wouldn't a cyclist getting hit while riding in an area known as high traffic for cars be at fault? Not saying I believe this, just pointing out a faulty argument.
 
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Gink

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My guess is he will be charged with vehicular homicide. If he had not fled the scene he may have avoided the charge.

VEHICULAR HOMICIDE LAWS IN IOWA
An individual commits vehicular homicide when:
(1) Unintentionally causes death of another; by
(2) Operating a motor vehicle while intoxicated.
Penalties:
Mandatory 25 years imprisonment; Judge may not give probation or defer judgment. Prison sentence must be imposed. If convicted the Judge has no choice but to send you to prison. Furthermore bail is not available pending appeal or while awaiting sentencing.
Fine of up to $10,000 but not less than $1,000 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge;
Mandatory $150,000 restitution to victim's estate;
Substance abuse evaluation and treatment if recommended;
Drinking drivers course; and
Mandatory 6 year license suspension.
 

alarson

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My guess is he will be charged with vehicular homicide. If he had not fled the scene he may have avoided the charge.

VEHICULAR HOMICIDE LAWS IN IOWA
An individual commits vehicular homicide when:
(1) Unintentionally causes death of another; by
(2) Operating a motor vehicle while intoxicated.
Penalties:
Mandatory 25 years imprisonment; Judge may not give probation or defer judgment. Prison sentence must be imposed. If convicted the Judge has no choice but to send you to prison. Furthermore bail is not available pending appeal or while awaiting sentencing.
Fine of up to $10,000 but not less than $1,000 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge;
Mandatory $150,000 restitution to victim's estate;
Substance abuse evaluation and treatment if recommended;
Drinking drivers course; and
Mandatory 6 year license suspension.

what if he wasnt intoxicated?
 

Gink

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Here is a good link about a cyclist in IA who was killed in a hit and run and charged with vehicular homicide. I don't think the driver was arrested for DUI. He had been arrested numerous times (i think 8+) in the past for DUI

Chris Lillig
 
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Spam

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If anything, his fleeing will probably allow him to escape the vehicular homicide charge. No way to prove blood alcohol level at this point. He may well get a bunch of felonies thrown at him, but I don't see the vehicular homicide charge coming.