The very definition of IRONY

[jswordy]

GLENDALE, Calif., Jan. 27 - The Los Angeles County district attorney said today that he would probably seek the death penalty for the suicidal man who abandoned his S.U.V. on a heavily traveled commuter rail track here early Wednesday, causing a violent wreck involving three trains that left at least 11 people dead and nearly 200 injured.


http://www.nytimes.com/2005/01/27/national/27cnd-train.html

Pardon me for my gallows humor, but ROFLMAO.

[ET Awful]

1. The bizarre thing is I don't think it would fly in court.

Without intent, it's doubtful you could get a capital murder conviction in California. Unless they can prove that his actions were intended to kill those people, odds are they won't do much better than manslaughter or possibly 2nd degree murder.

[McCamy Taylor]

30. Negligent homicide

He can claim he thought his car would be smashed by the train which would be completely unharmed.

[ET Awful]

36. Negligent homicide isn't a capital offense

Wouldn't carry the death penalty.

[phusion]

2. Death penalty?

Isn't that a little extreme?

This whole case is very strange to me. What was the guy expected to do in such short time? His car got stuck, right?

And why the hell wouldn't you just step in front of a train if you wanted to kill yourself?

Terrible accident, though.

[jswordy]

3. Uh, people don't "step"...

...ANYWHERE in California. They drive, baby!

I just think it is so wild that the guy allegedly wanted to kill himself, then had second thoughts and abandoned the vehicle...so now the state wants to kill him!

If a movie were made of that, people would walk out in droves, saying it was just too unbelieveable!!!

[signmike]

5. The current story...

that I hear is he drove around all night "trying to kill himself" -- trying to work up the nerve would be my guess...
and his wheels got stuck on the tracks and he was trying to get the Jeep off when the train came - said he was trying to push it off, maybe it stalled, finally changed his mind and ran to get out of the way.

[Joe Chi Minh]

8. It could have been

a copy-cat act. We had someone in the UK vent his spite on everyone by deliberately stopping on a crossing. He wanted to take others with him. And he did.

[Joe Chi Minh]

9. ****

It could have been a copy-cat act. We had someone in the UK vent his spite on everyone by deliberately stopping on a crossing. He wanted to take others with him. And he did.

He won't like having his life taken from him by others forcibly; but it's still too good for him.

[Hippo_Tron]

33. I'm sure it's status quo in Texas

But this is California so I'd hope that they have higher standards than this. Guess not.

[K-W]

4. Thats pretty funny.

Shouldnt be a death penalty case though... but im sure emotions are running high.

[Walt Starr]

6. So instead of Suicide by trainwreck or even Suicide by cop

this guy will become the first documented case of suicide by trial.

[jswordy]

10. EXACTLY! Now, who would star in the movie?

I pick Travolta to play the defense attorney. Evan Adams (Smoke Signals) for the defendant.

Dramatic trailer voiceover:

"He thought he wanted...to end it all! But then the terror began... One man against the system...when everyone forgets...accidents happen!"

That would be the movie title: "Accidents Happen."

[jswordy]

11. You know, dood, "Suicide by Trail" ain't a bad title, either! n/t

[donkeyotay]

25. Or don't.... as in this case

Sometimes accidents don't happen. Then, you need a really bad defense attorney. Call Dreck Defense. It takes longer, but eventually we get the job done.

You are going to get in trouble with the politeness police for thinking this is funny. But it really is. America is tone-deaf to it's own ironies.

[Stirk]

7. The death penalty certainly isn't a deterrent in this case.

[RobertSeattle]

12. It's also strange a 2 Ton SUV can derail a 100+ Ton train

Maybe they need a SUV-guard like the old cattle-guards.

[idiosyncratic]

13. The train didn't have the locomotive in front, or the results might

have been different. The train was being "pushed" by the locomotive.

It also might have been going 80 miles per hour when it hit the SUV. They said that is a pretty straight section of track where the trains can get up to speed.

[DrWeird]

14. death penalty for manslaughter?

I didn't know that applied to manslaughter.

[jswordy]

15. I think it's a DA wanting to make a name for himself n/t

[DrWeird]

17. Probably.

Which is a shame.

[Name removed]

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[DrWeird]

18. You'd give him the death penalty for manslaughter?

You're not really a prosecutor, are you?

[Name removed]

20. Deleted message

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[DrWeird]

21. And those four cases would be?

nt

[elehhhhna]

24. Do you suppport AG for AG? Just curious.

[slutticus]

29. I'm thinking he IS Alberto.

LOL

Ahhh....he Disrupted Poorly

[superconnected]

26. I guess you can prosecute him for stupidity along with the

murder charges.

[atre]

35. i hate to call out a fraud

... but this guy is not a prosecutor. Maybe a first year law student who wants to be a prosecutor (and then it'd have to be one who didn't do well in CrimLaw). Maybe victim/witness coordinator. But not a prosecutor.

The touchstone element of a capital murder conviction in every state, including Florida, is premeditation (although there is an exception in the case of the felony murder rule in some states; in others, felony murder is second degree). The easiest route for this guy to escape the death penalty is by casting reasonable doubt on that element. There's no reason to risk alienating the jury with an insanity defense, especially considering all the evidenciary problems with that defense.

[TOOLZ]

19. If he wasn't feeling bad enough to kill himself before...

he had no idea how awful you really can feel.

[superconnected]

22. a murderer is a murderer wether they are voting for murder or

carrying it out themsevles.

What this man did was an accident. People who support his death while thinking they aren't getting blood on their hands, are still murders. They are suggesting he be tried for murder and then it can be decided if they want to try him for the death penalty. It's a call for blood.

My freeper boss already told me this morning the guy should be executed even though I pointed out the below quote from the artical.

"The SUV was stuck between tracks away from a crossing and once there, he could not have moved it even if he had tried, Metrolink CEO David Solow said. The southbound train that struck it bolted skyward, hit a parked Union Pacific railcar, then clipped the northbound train. "

[Name removed]

23. Deleted message

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[muriel_volestrangler]

27. I refuse to believe that a prosecuting counsel

is unable to spell 'jugular'.

[LynnTheDem]

31. Agreed. Had that same thought.

When did progressives become so enthusiastic to have people killed?

[robertpaulsen]

28. The most appropriate punishment is life w/ permanent suicide watch.

Then again, that may violate the "cruel and unusual punishment" amendment to the Constitution. I'll have to check with noted authority Alberto Gonzales on that one.

<sarcasm off>

[Tacos al Carbon]

32. Oh, God, this is gonna cost millions

Couldn't we just give this guy a rope and a few minutes alone?

[AlienGirl]

34. Isn't this a good argument for assisted suicide?

Shouldn't people be able to go to their doctor, for whatever reason--not limiting it to fatal illnesses or anything--and request a certain and painless death?

With legalized assisted suicide, this guy could have just gone to his doctor and gotten a shot, and none of this would have happened...and think of all the money that would be saved...

Tucker

[Tacos al Carbon]

37. Well, actually, no

Because, ultimately, he decided he wanted to live. If anything, it's an argument for the opposite since it shows that people might change their minds at the last moment. This is just such a screwed-up story all around.

[DS1]

38. Wouldn't it punish him more to keep him alive?

That was my first thought, anyway