Man Kills Drunk Driver Who Killed His Kids - Your Take

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Noodleface

Noodleface

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supertouch_sl said:
The acquittal isn't a surprise considering most people lack the capacity for critical thinking.
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The acquittal isn't surprising because there was no physical evidence is what you really mean. Can't just go on witch hunts anymore.

Whether we believe he is guilty (we do) or not isn't the issue, it's really hard to convict a dude when the gun is gone and there's no residue on his hands.
 
Palum

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Ambiturner_sl said:
Correct call by jury confirmed
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We all know the lack of hard physical evidence linking him to the killing was only used as a scapegoat by the jurors to let him get away with it, they could just have easily have found him guilty given the motive, timing, witness accounts and the open box of .357 in his home.

If it hadn't been drunk but the dude had executed him anyway this would have gone the other way I bet.
 
Cad

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Palum_sl said:
We all know the lack of hard physical evidence linking him to the killing was only used as a scapegoat by the jurors to let him get away with it, they could just have easily have found him guilty given the motive, timing, witness accounts and the open box of .357 in his home.

If it hadn't been drunk but the dude had executed him anyway this would have gone the other way I bet.
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I think the lack of gunshot residue on his hands is pretty telling though. I don't know the reliability of finding that, but assuming it is good, it would show he didn't fire a gun.
 
K

Kedwyn

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Ambiturner_sl said:
Seriously? Civil trial? The dead guy would owe way more in a civil trial to the family whose children he killed.
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Yeah that is kind of how I see it as well. I don't see any civil suit meaning jack shit since anything the drunk's estate might get will simply get wiped out by a much larger judgement when the pictures of the two boy's bodies get trotted out in the other suit.

Glad it worked out like it did. No telling if some sympathetic person at the scene "couldn't find a weapon" or gave some time for the guy to go home and wash his hands prior to being tested for residue or perhaps the guy really didn't pull the trigger. Personally I don't care.
 
Chukzombi

Chukzombi

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i thought gunshot residue was no longer admissible as evidence because its not an exact science. you can get gunshot residue on your person by standing inside the police station
 
Palum

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Cad_sl said:
I think the lack of gunshot residue on his hands is pretty telling though. I don't know the reliability of finding that, but assuming it is good, it would show he didn't fire a gun.
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I'm not sure how detectable that is on the shooter after only a couple of rounds. Either way, nothing a little water or the blood of your children can't take care of... sounds like there was the typical delay until authorities arrived anyway.

I think it's less likely on a revolver as well because there isn't an ejection system to toss out carbon with the shell casing. They didn't find shells and didn't say .357 sig so we can only assume he had a revolver.

Either way lack of proof is not proof of lack, still plenty there to convince anyone under less extreme circumstances that he flat out murdered the dude.
 
Borzak

Borzak

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I would think you would get a lot more residue form a revolver. Shoot one at nigh and look at how much flame you get from the cylinder gap between the cylinder and the barrel/forcing cone. If you aren't careful depending on the round you can nearly cut your finger off if you place it near where the gas escapes.

There's lots of pics when you start getting into the big revolvers like the .500S&W and linbaugh rounds etc...just a smaller scale for smaller rounds so you can imagine just the residue left behind. As far as I know gunshot residue doesn't really wash off and can be picked up a few days later because it basically embeds in the skin unless you are wearing gloves.

cgblast-copy.jpg


Shooting-Revolver.jpg


If you put your hand in the wrong place while firing a revolver. Either way you're getting residue somewhere on your hand.

Thumb6.jpg
 
Palum

Palum

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Yea I suppose the cylinder gap is likely to be an issue.

As far as 'durability':

Gunshot residue particles can be removed easily from the surfaces they land on. Regular activities, such as putting hands in pockets, rubbing hands together, or handling items, can wipe them away.4 The washing of hands can remove most, if not all, particles. Rates of loss vary widely with the activity of the subject. Depending on conditions and activity, particles may be removed from a shooter's hands within 4 to 5 hours after a shooting event.5 They also can transfer from a surface or person to another individual; the amount depends on the number of GSR particles on the contaminated surface (e.g., a person's clothing or hands) and likely will be a small percentage of the total number of particles present. Tests show that people standing within 3 feet to the side of a shooter may have GSR on their hands, whereas those standing 10 or more feet in the same direction typically will not.6 This can vary with the type of gun and ammunition, number of shots fired, and the environment of the shooting. Gunshot primer residue also can travel downrange with each firing of a weapon.7 Long guns, like rifles and shotguns, tend to leave less GSR on shooters than handguns.8
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fromFBI The Current Status of GSR Examinations
 
Hoss

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The way the local news reported this earlier in the week, I thought it was a slam dunk. But now, I can't even find what evidence they thought they had. Was this just a case of them prosecuting because it was the best explanation for who killed the drunk?
 
Palum

Palum

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Hoss_sl said:
The way the local news reported this earlier in the week, I thought it was a slam dunk. But now, I can't even find what evidence they thought they had. Was this just a case of them prosecuting because it was the best explanation for who killed the drunk?
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Motive and opportunity are fairly good ways to spin a story and this guy had plenty of both it seems.

But generally, yea there doesn't seem to be a lot of facts about this floating around around this at all.
 
Lanx

Lanx

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neighborhood should be scared now, if this man truly did not kill the drunk (which we all agree he gets a pass on anyway), but was just grieving over his 1 kid barely alive and the other kid cut in half, at most he probably got up, went to the driverside, screamed "wtf did you do!" and go back to his kids.

then theres some vigillante out there offing drunk drivers.

i mean is there a follow up story? like the police going, yea this was done 2 years ago, and since he didn't kill the guy, now we gotta look for the "REAL" killer.
 
T

The Ancient_sl

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Hoss_sl said:
The way the local news reported this earlier in the week, I thought it was a slam dunk. But now, I can't even find what evidence they thought they had. Was this just a case of them prosecuting because it was the best explanation for who killed the drunk?
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I can see why a prosecutor would want to pursue the case to the fullest extent of the law, but I don't really think this is one of those cases where they were just trying to pin a murder on whoever they could. I think it's just as likely that cops "botched" an investigation into the killing.

Oh gee we couldn't find the smoking gun of the guy that murdered this scumbag
 
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