This is a feather in the new prosecutor's cap. The case looked pretty well torpedoed in the 2.5 years since "Bottles" drove off the reservation, but Curry made it a campaign plank and damned if his office didn't ride it out.
Not to say he doesn't deserve all of it, but this habit of packing on charges that are almost mirror copies of each other is not how it should be done. " Operating a motor vehicle with a BAC of .15 or higher causing death" is the same charge as "Operating a motor vehicle while intoxicated causing death". Pick one or the other, but not both. May as well have a charge for each .1 increase over the limit if they're going to do this.
He wasn't getting his job back, no way no how, but during all the filings and counterfilings he conveniently gave the Fraternal Order of Po-Po a convenient reason* to wash their hands of him.
Even if he manages to miraculously luck out on this one, there's a whole 'nother set of charges waiting in the wings.
"Bottles" has boned himself pretty thoroughly.
(As an aside: The FOP will not be providing a lawyer for the new OWI trial. And said trial resulted from Drinky Dave running his father-in-law's truck into an immovable object with a half-full bottle of vodka under the seat, so it's not like the in-laws will be chipping in on the defense, I'm guessing. David's running low on friends here, and pretty fast, too.)
Hard to beat that hitting stopped motorcycles at 76 mph.
There are all these scientific tools, per se BACs, and plain no-wreck DUI is a crime most jurors have committed and of which they are reluctant to convict. We forget that a wreck breaks jurors' subconscious "that could be me!" identification with the defendant and makes conviction far more likely.
If he hadn't hit anything, it would have been a not guilty every time.
staghounds said "If he hadn't hit anything, it would have been a not guilty every time.".
If he hadn't hit anything, it's likely that the officer that stopped him would have allowed him to go on his way, or maybe given him a ride to wherever he was going.
"If he hadn't hit anything, it's likely that the officer that stopped him would have allowed him to go on his way, or maybe given him a ride to wherever he was going."
They had a jury of drunken police officers?
ReplyDeleteGerry
Heh.
ReplyDelete(Not that you probably couldn't round up a dozen here in Indy, if the headlines around here are to be believed.)
Great news!
ReplyDeleteI'm crossing my fingers he gets put in General Population.
ReplyDeleteGood news, for once.
ReplyDeleteThis is a feather in the new prosecutor's cap. The case looked pretty well torpedoed in the 2.5 years since "Bottles" drove off the reservation, but Curry made it a campaign plank and damned if his office didn't ride it out.
ReplyDeleteLet us know what the actual punishment is. I remain skeptical.
ReplyDeleteCarteach,
ReplyDelete"First offense, clean record?"
Sources say that could be suspended. I think the prosecutor is under a lot of pressure to look badass on this one, though.
Not to say he doesn't deserve all of it, but this habit of packing on charges that are almost mirror copies of each other is not how it should be done. " Operating a motor vehicle with a BAC of .15 or higher causing death" is the same charge as "Operating a motor vehicle while intoxicated causing death". Pick one or the other, but not both. May as well have a charge for each .1 increase over the limit if they're going to do this.
ReplyDeleteI'll wait for the sentence also...
ReplyDeleteHeh, Three years probation and his job back.
ReplyDeleteAnd the city will pick up his bar tab.
"Heh, Three years probation and his job back."
ReplyDeleteYeah... hahaha... no. Not gonna happen.
He wasn't getting his job back, no way no how, but during all the filings and counterfilings he conveniently gave the Fraternal Order of Po-Po a convenient reason* to wash their hands of him.
Even if he manages to miraculously luck out on this one, there's a whole 'nother set of charges waiting in the wings.
"Bottles" has boned himself pretty thoroughly.
(As an aside: The FOP will not be providing a lawyer for the new OWI trial. And said trial resulted from Drinky Dave running his father-in-law's truck into an immovable object with a half-full bottle of vodka under the seat, so it's not like the in-laws will be chipping in on the defense, I'm guessing. David's running low on friends here, and pretty fast, too.)
Hard to beat that hitting stopped motorcycles at 76 mph.
ReplyDeleteThere are all these scientific tools, per se BACs, and plain no-wreck DUI is a crime most jurors have committed and of which they are reluctant to convict. We forget that a wreck breaks jurors' subconscious "that could be me!" identification with the defendant and makes conviction far more likely.
If he hadn't hit anything, it would have been a not guilty every time.
staghounds said "If he hadn't hit anything, it would have been a not guilty every time.".
ReplyDeleteIf he hadn't hit anything, it's likely that the officer that stopped him would have allowed him to go on his way, or maybe given him a ride to wherever he was going.
Robert,
ReplyDelete"If he hadn't hit anything, it's likely that the officer that stopped him would have allowed him to go on his way, or maybe given him a ride to wherever he was going."
That ain't necessarily so.
Now comes the post-verdict motions and the inevitable appeals.
ReplyDeleteThis ain't over yet.
Comrad Misfit,
ReplyDeleteAll those pesky "civil rights" in our legal system! Amirite?
Comes now the civil trial, which will make IMPD stand for "I Must Pay Dearly."
ReplyDelete