Posted on Oct 6, 2015
How is it possible to plead guilty to misdemeanor DWI and felony hit and run after killing a motorcyclist yet retire from the military?
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Posted 9 y ago
Responses: 15
His retirement needs to be reassessed. Anyone that is found guilty of causing a death while drunk should not be allowed to "retire" with benefits.
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Noteworthy comment:
"Malice" does NOT require any previous convictions. Malice is an element of a crime, such as murder, completely independent of any other offenses. The legal definition of malice is: "When a defendant acts intentionally or with "reckless disregard" of an obvious or known risk." Applying it to the current crime, the defendant, David Hall, got drunk and drove a car. This qualifies as intentional or reckless disregard of an obvious and known risk, that he might injure/ kill someone while driving drunk.
Malice is a slam dunk here. Try again Billy West. The failure to fully prosecute this crime smells really fishy.
"Malice" does NOT require any previous convictions. Malice is an element of a crime, such as murder, completely independent of any other offenses. The legal definition of malice is: "When a defendant acts intentionally or with "reckless disregard" of an obvious or known risk." Applying it to the current crime, the defendant, David Hall, got drunk and drove a car. This qualifies as intentional or reckless disregard of an obvious and known risk, that he might injure/ kill someone while driving drunk.
Malice is a slam dunk here. Try again Billy West. The failure to fully prosecute this crime smells really fishy.
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SFC John Martin
The biggest issue is they don't have a BAC test, which is what is needed to get solid evidence of his level of intoxication.
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SSG Danny Marsh
If it was an E-4 or below it would not even be a conversation. Does that mean we will hold Junior Enlisted to a higher standard?
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He was a SFC. He new better. there is no excuse for his actions. He should have been charged and tried for Negligent homicide and regardless of the out come of the trial he should have been discharged from the Army for 'Actions Unbecoming' at a minimum.
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