danger or not?

[pzarquon]

Re: danger or not?

It's all part of the game, as Americans all learned from Law & Order.

Trumping up the charges to get a better pre-trial deal, though, is not too common, insofar as the prosecutors are then setting the bar artificially high for their burden of proof if it goes to trial. I'd imagine most of the time they file for the charges they're confident they can convict on, but still wheel and deal up until the court date.

It seems to me they have all they have to convict. Read it here and here.

Well, news reports aren't proof of a case. The evidence, witness statements, and other details that the media don'thave full access to is what counts. It might seem clear cut, we might know somebody who knows somebody, but in the end, it's what happens in the courtroom that matters.

Heck, the easier the case seems, the harder the prosecution has to work... because taking it easy is how you get blindsided, or make procedural errors that'll get stuff thrown out on a technicality.

Maybe the defendant will say he didn't mean to hit his brother? That, after the "chase" began, he hardly expected the guy to pay attention to a stop sign? Maybe he'll say he was under the influence, or not thinking clearly? Intent and state of mind are big factors in determining the degree of the charge...

[alohabear]

Let's make a deal

Just asking you people out there.... When a DEAL is made by the courts, do they have enough evidence to get you on the higher charge or is it mostly a bluff to save going to trial?

I ask this because it's sort of a follow-up to a thread I posted earlier. You see the person in question was given a deal to plea guilty to a lesser charge of 1st degree assault or go to trial on attempted murder. Anyone with half a brain would take the deal, but he and his lawyer think that the county doesn't have enough to convict.
Makes you think doesn't it?

It seems to me they have all they have to convict. Read it here and here.

[craigwatanabe]

Re: danger or not?

Third, give him a whack whack on the head from me!

I think the mother already did. Yeah grown adult men still living with their mother at her bust up house.

[1stwahine]

Re: danger or not?

First, no way should he be near around kids! Leave of absence, hell no, fire the dealer and chronic. That was his brother who owed him. How much more he could have done to somebody else?

Second, inform the Police of what he said. I'm sure they know already but just in case, tell um.

Third, give him a whack whack on the head from me!

This brings even more the reason why our dear govt. agencies should "crack" down on drugs. Families, children and communities are being affected every day. What next?

Get involved. Don't be scared. Make a difference!

[craigwatanabe]

Re: danger or not?

I know of this incident. Both men are brothers, the motorcycle the victim was riding was stolen, weeks ago and repainted. Both are drug heads and the incident probably had a lot to do with drugs.

The brother in the truck was stalking the other until he drove out in the bike then the chase began ending at an intersection where the truck rammed the bike from behind. The biker (other brother) suffered two broken legs, one broken arm, a fractured rib and skull.

He was screaming, "My brother did this" along with other explicitives. The victim's friends who were passing by slowed and indicated, "wait till we get your brother". The sad part is that no one stopped to offer aid, they just took off in search of the brother.

Now unless the accused was under some kind of drug (most likely) then he could be convicted of attempted homicide. But if he was sober (highly unlikely) then yeah I can see attempted murder.

The problem with this "Accident" was that the motorcyclist was hit from the rear while slowing down for a stop sign. There were no skidmarks from the truck as it slammed into the bike. No attempt was made to stop to avoid hitting the bike.

So how do I know all this? This happened in a small but nosey town of Papaiko at mile marker 4 outside of Hilo towards Honokaa and I got friends who live and work there and know everything and everybody there including both brothers.

This was no accident and the victim wasn't a saint either. This is one of those the cops there just shake their heads at.

[alohabear]

Re: danger or not?

Update: He returned to work today ...word from horse's mouth "my braddah when owe me money 'cause I wen front him some ice... nevah pay so I bang 'um."

Still want him around school kids?

[Palolo Joe]

Re: danger or not?

Boo to the HTH for requiring logins to access content.

At least they're not charging for content... yet.

[cezanne]

Re: danger or not?

...maybe he did something that made the his brother snap. These days, anything can happen.

Auntie Lynn aka Auntie Pupule

Only more so that he shouldn't be able to return to work. I'm sure a lot of parents who get wind of the story won't want this guy around their kids. True about innocent til proven guilty but maybe its better that he take a leave of absence (from the school job anyway) or something while he gets his affairs straightened out.

[1stwahine]

Re: danger or not?

After reading the three articles (thanks ryan), I still can not understand how his employer would consider him a risk. It does state that he is still in police custody with a $5,000 bond. Why would his arrest affect his ability to do his job. All the facts are not in. Only those who are closely associated with him, work with him, church, etc. could more or less tell if he is a danger to society or not. However, it's not up to them to decide what happens. It's our Judicial System. Anyway's Attempted Murder vs 1st Assualt Charges is a big difference. Who knows, if the victim was his brother...maybe he did something that made the his brother snap. These days, anything can happen.

Auntie Lynn aka Auntie Pupule

[pzarquon]

Re: danger or not?

Boo to the HTH for requiring logins to access content. Here's the same incident covered elsewhere:

• Hilo man charged with vehicular assault (KPUA)
• Police Arrest Motorist For Attempted Murder (KITV)
• Police Say Big Isle Man Used Car as Weapon (KGMB)

[1stwahine]

Re: danger or not?

this is the story in Hilo about the guy in a truck running down the guy on a motocycle and leaving him . He was first booked for attempted murder but got the lesser 1st degree assault instead.

I am no lawyer. But from what you say, "struck down a guy and leaving him."

"He's charge with attempted murder." You don't mention leaving the scene of the crime, not rendering aid, etc. You then say, he gets a lesser charge of 1st degree assult instead.

Why would his arrest affect his job? Unless it's a sexual offense, I would assume that his job and the safety of those around him is not a concern due to his arrest.

That just my opinion.

Auntie Lynn aka Auntie Pupule

[alohabear]

Re: danger or not?

this is the story in Hilo about the guy in a truck running down the guy on a motocycle and leaving him . He was first booked for attempted murder but got the lesser 1st degree assault instead.

[1stwahine]

Re: danger or not?

I tried to copy and paste the address you provided but it didn't take. Therefore, I don't know, so can't give my opinion.

One is innocent until proven guilty...that is the law. However, sometimes the law doesn't necessarily helps the victim and then it's a whole different ball game.

[alohabear]

I just read this story about a custodian who works at my school.

[URL=http://www.hawaiitribune-herald.com/articles/2005/04/15/local_news/local05.txt]

Do you think he should be allowed to return to work around children or relocated to another job away from children? This is a big question we are asking at work this week. I know you are innocent untill proven guilty ...but he ran over his own brother.