Rolling coal

[AlgUSF]

… I should add: “Rolling Coal” (modifying a vehicles emissions system to make it blow dense black smoke) is illegal in both the US and Canada. It was made illegal in 2014. Even if the driver didn’t have an accident resulting in injuries, he broke this law and should stand charges. This is Federal legislation, and he would be tried in Federal court. Fines for violation of this law are and have been substantial. Break you and put you into permanent poverty level, in some cases.

I posted earlier about how stupid rolling coal is. But.... how many of us have illegal modifications on our Jeeps. My tint is totally illegal. Running beadlocks on public roads can be illegal, various lift and wheel offsets can be illegal without mudflaps, and such.

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[multicam]

I was just saying you made a comment. After you said no comment. I never said your comment had substance. And I put an “lol” in there to show that I found it amusing, as in funny, as this is still funny because now you commented twice.

Edit. It wasn’t my intent to get you angry, honestly it’s been a long day, and was trying to lighten the mood some. I am sorry that it didn’t come off the way I wanted it to.

I guess my wife has another ally in her corner when she says I’m not funny

Haha, fair enough, no problem

Except the cops had a chance to do their job, and they let him go. They didn't go back to the station and open an investigation. They were done with it. If this didn't make the news, the whole episode would be in this kid's rearview mirrors, and no one would be the wiser. Except for the victims who may have to live with pain for the rest of their lives.

Can someone else take this one, I said I wasn’t going to say anything

 

[O)()()()()(O]

Haha, fair enough, no problem



Can someone else take this one, I said I wasn’t going to say anything

There are many layers to this the cops need probable cause to make an arrest. If one says that he should have been charged with something since there was a death as the result of a motor vehicle collision then the same rational would apply to every collision. Someone injured? Automatic arrest for assault. Damaged vehicle bumper? Automatic arrest for causing damage.

There is no real risk of flight, the police will arrest when/if there is probable cause established.

If they move too hastily and arrest too soon, they run the risk of tainting case which could result in a dismissal of charges and automatic freedom for a guilty party.

 

[Zandcwhite]

i was pointing out the correlation between accidents and crimes, which you said do not exist

In the context of accidentally loosing control of your vehicle and hitting bicyclists? And then when I learned that the suspect made multiple passes, thereby likely rising to the level of criminal harassmen/menacing, this incident likely could be charged as a crime?

 

[Tellurian]

Affluenza originated in Texas? Pretty sure that’s been going on since there have been laws being enforced. It happens everywhere. More often than any of us know.

I think folks here are generally using the 2013 case of Ethan Couch where in his defense of driving while intoxicated, accidentally killing four pedestrians, and hurting several others on a TX road, his lawyer used “affluenza” which seemed to persuade the judge to deem rehab as an appropriate course of action instead of prison time. From there, he clearly did not learn his lesson, violated parole, fled the country with his mom when a warrant for his arrest was issued, was caught, and then sent to prison.

I believe it was the first time (at least on a significant case with national reach) that this circular logic of lacking a moral compass because you’re spoiled and not accountable for your actions was used in court for the purpose of showing that someone should not be held accountable for their deadly actions.

Was it the first time justice played out this way? No.

Does it make folks mad because it feels like Lady Justice is lifting her blind and tilting the scale a bit for some and not others? Absolutely.

 

[rickinAZ]

That isn’t the job of the Police. That is the job of a Judge and possibly Jury. The Police are there to enforce the law, not to decide the case. People were injured. A young man was negligent. Charges are in order. Now, if a Judge and Jury determines he is not guilty, that is another matter entirely… but it is not for the Police to decide.

My point was that the cops already tried to decide the case through inaction. It wasn't going to have a chance to go to judge/jury. If this hadn't blown up on the internet, the boy would have been off to other shenanigans without a second thought to this mess. When the cops left the scene the issue was stick-a-fork-in-it done as far as they were concerned.

 

[ReimundKrohn]

My point was that the cops already tried to decide the case through inaction. It wasn't going to have a chance to go to judge/jury. If this hadn't blown up on the internet, the boy would have been off to other shenanigans without a second thought to this mess. When the cops left the scene the issue was stick-a-fork-in-it done as far as they were concerned.

Sorry, I completely misunderstood you in that case! Mea culpa.

 

[intentsrig]

Should not get off scott free. He’s going to go through life thinking he can get away with anything.

I think he should be used as an example. And as a cyclist, I wouldn’t feel sorry for him at all.

Indict him

 

[Creeker]

Most likely, most have us have done something stupid in our teenage years.
I do wish a speed recovery for those that are injured.

As a cyclist, the kid should receive something more than a slap on the wrist.
If the kid gets off w/o punishment, what has he learned?
Maybe the kid should ride a road bike and see what it is like out there.
Or how about the kid learning to fix bicycles and then giving those fixed bicycles to needy kids.
Or spending 6 months of Saturdays and Sundays doing volunteer type work.

I don't think jail time is the correct punishment, but some kind of punishment that will make him help him make a better decision in the future.

 

[rickinAZ]

If they move too hastily and arrest too soon

You look at that carnage, especially the front end of the F-250, and fear that they might arrest TOO SOON? He made multiple passes before running them down. What more do you want?

 

[The Last Cowboy]

My point was that the cops already tried to decide the case through inaction. It wasn't going to have a chance to go to judge/jury. If this hadn't blown up on the internet, the boy would have been off to other shenanigans without a second thought to this mess. When the cops left the scene the issue was stick-a-fork-in-it done as far as they were concerned.

Do you really believe that when someone is arrested that they begin to serve a sentence as if they were guilty? Every criminal case goes before a judge. And every person who is charged with a crime, arrested or not, is entitled to a jury trial, unless they waive that right or make a plea.

Custodial arrests are usually done when the offense is committed in the presence of the officer or if the suspect is located soon afterward and to not arrest would constitute a danger or if the suspect can not be positively identified.

Arrest cases have to be filed quickly, usually within 3 weeks, as there are time constraints that must be met. These vary slightly from state to state. By not making a custodial arrest at the time of the offense, there is time to build a proper case. The evidence in this case will take longer than 3 weeks to gather and evaluate.

Unless there was a compelling and obvious reason to make an arrest at the scene, and the suspect can be properly identified to include current addresses, phone numbers, email etc, the suspect can be released. In this case he would have had to have been drunk or made an obvious gesture that his intent was to hit the cyclists.

That having been said, none of us know all of the facts here. The news story makes it look bad and that’s about all we know.

So, for instance. You turn right one day and sneeze, look at the radio, or your 33/35/37” tire rolls of the bead. A pedestrian gets hit and goes to the hospital. Should you be arrested, charged and locked up for 2 years with no trial because you were reckless? No, you would want a trial and a chance to defend yourself, wether it was a good defense or not, then let the jury decide, not the cop on the scene. And even if you got arrested you would want an opportunity to make bond.

 

[rickinAZ]

Why the need it inject race into the equation? Why?

I have to respond to this:

In AZ, people are stopped for "driving while brown". No need to roll coal, or run down cyclists to get busted. Is there ANYONE who thinks a minority would walk away from this? If one doesn't believe that race played a (big) part in his release, they are in denial.

 

[LiveToWork]

Think about what the cyclists family would want. If that kid hit one of my family members, and didnt get served justice, then Id order a Grumper for my jeep just to run him down with.

 

[BMorgan]

I have to respond to this:

In AZ people are stopped for "driving while brown". No need to roll coal, or run down cyclists to get busted. Is there ANYONE who thinks a minority would walk away from this? If one doesn't believe that race played a (big) part in his release, they are in denial.

Absolutely money and race are playing a big part here.

That truck is a recent model Ford Super Duty. That’s not your average “let the 16 year old take it” truck. The kid had a Houston criminal defense lawyer issuing statements for him within days. That means money for retainers and so on. Maybe not wealthy, but not poor for sure.

The lawyer http://detotolawfirm.com/#aboutDetoto

The place where this happened, Waller County, is where the Sandra Bland case happened six years ago.

https://www.click2houston.com/news/...-from-local-and-state-officials-across-texas/
“[a Black woman who died in police custody after an alleged traffic violation in Waller County. Three days later, Bland, 28, was found hanged in a jail cell on July 13, 2015.

While her death was ruled a suicide and the charge against the arresting officer was dropped, Bland’s death caused a nationwide outcry for police and jail reform that rings louder than ever before.

 

[BMorgan]

There are many layers to this the cops need probable cause to make an arrest. If one says that he should have been charged with something since there was a death as the result of a motor vehicle collision then the same rational would apply to every collision. Someone injured? Automatic arrest for assault. Damaged vehicle bumper? Automatic arrest for causing damage.

There is no real risk of flight, the police will arrest when/if there is probable cause established.

If they move too hastily and arrest too soon, they run the risk of tainting case which could result in a dismissal of charges and automatic freedom for a guilty party.

You might be right about “arrest” but not even a citation at the scene?

My former city in WA state would almost automatically issue a citation at the scene if obvious. Rear end someone? You get a “following too closely” ticket. Crash in a turn lane? “Failure to yield”. Go off the road in a single car accident? “Negligent operation” or “unsafe speed for conditions” if it was raining.

I’ve even heard of “failure to exercise due caution” type tickets which TX may not have but would be the minimum here.

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