Cowboys .. NT Manslaughter

[Specnatz]

Tania Ganguli ‏@taniaganguli

RT @BenRogers: Josh Brent mugshot. Intoxication manslaughter. pic.twitter.com/rVQ9BKco

https://twitter.com/BenRogers/status.../photo/1/large

Makes me love our choir boys all the more.

[GlassHalfFull]

Newy Scruggs ‏@newyscruggs
Per Irving PD report #Cowboys NT Josh Brent was drunk, speeding & flipped his car which killed passenger/teammate Jerry Brown. @BlueStarBlog

Oh wow. This is sad. I hate to hear this.

[ChampionTexan]

Originally Posted by Specnatz

Tania Ganguli ‏@taniaganguli

RT @BenRogers: Josh Brent mugshot. Intoxication manslaughter. pic.twitter.com/rVQ9BKco

https://twitter.com/BenRogers/status.../photo/1/large

Makes me love our choir boys all the more.

C'mon dude - I dislike the Cowboys as much as anyone, but this is totally classless. At least lose the smiley.

[Specnatz]

I cant now that you quoted it.

ProFootballTalk ‏@ProFootballTalk

Follow-up is coming on Josh Brent intoxication manslaughter story: Victim was Cowboys teammate Jerry Brown.

Newy Scruggs ‏@newyscruggs

Per Irving PD report #Cowboys NT Josh Brent was drunk, speeding & flipped his car which killed passenger/teammate Jerry Brown. @BlueStarBlog

The story gets worse

[ChampionTexan]

Originally Posted by Specnatz

I cant now that you quoted it.

Fixed.

[CloakNNNdagger]

So sad.

As an aside, he is being held without bail.

Officers at the scene suspected alcohol to be a factor, so they gave Brent was given a field sobriety test, which he failed. He was arrested by Irving PD and booked on a second degree felony charge at 4:14 AM and is being held without bail.

Brent pled guilty to a misdemeanor DUI charge while in college.

http://www.tmz.com/2012/12/08/josh-b...#ixzz2EUh2CHnX

The accident occurred at 2:30 AM, I'm sure getting drunk 36 hours before a game would have certainly boosted his game.

[infantrycak]

Not saying he wasn't drunk but they better have gotten a blood or breath test because a field sobriety test after rolling a car and seeing your buddy dead is going to get torn apart.

[Coolhandsluke2]

Ian Rapoport ‏@RapSheet
RT @billvoth: From what looks like Jerry Brown’s Facebook page, a very sad post. He was about to be a dad. pic.twitter.com/P9wKSgZX

[Playoffs]

Wow, so sad.

They were college teammates.

Upon arriving on the scene, officers saw Brent dragging Brown from the car, which had caught fire in the wreck, a police spokesman said. Officers extinguished the fire and talked with Brent, who they determined was the driver of the vehicle.

Brown Jr. was transferred to a nearby hospital where he was pronounced dead.

http://www.wfaa.com/sports/Cowboys-n...182675961.html

Prayers for the Brown and Cowboys family.

Don't go out drinking without a plan, man. Designated driver, call a cab, limo, something.

Two lives are lost, here, and others are irreparably harmed.

[Specnatz]

He will get about 15 - 25 years going by what I have seen others get.

[BullBlitz]

Two more lives ruined, and families heartbroken. Tragic.

[CloakNNNdagger]

Originally Posted by infantrycak

Not saying he wasn't drunk but they better have gotten a blood or breath test because a field sobriety test after rolling a car and seeing your buddy dead is going to get torn apart.

He's going to have enough problems even if speeding is proven without intoxication. Correct me if I'm wrong, but I don't believe that Texas differentiates involuntary from voluntary manslaughter, which is a 2nd degree felony (what has been reported) and carries with it something like up to ~20 years?

[GlassHalfFull]

Originally Posted by CloakNNNdagger

He's going to have enough problems even if speeding is proven without intoxication. Correct me if I'm wrong, but I don't believe that Texas differentiates involuntary from voluntary manslaughter, which is a 2nd degree felony (what has been reported) and carries with it something like up to ~20 years?

He was taken to the hospital to have his blood drawn.

[GP]

Where is Bob Costas when we need him, to put a little perspective on this tragedy?

[CloakNNNdagger]

Originally Posted by GlassHalfFull

He was taken to the hospital to have his blood drawn.

I sort of took that for granted in that there is this little Texas Act on the books that I was made aware of while taking care of a victim of this type of situation.

Warrantless Blood Draws

Should the DPD receive authorization to begin a mandatory blood draw program for all drivers, it would be an extension of the rights police officers already have in Texas to take blood from DWI suspects.

Last September, the Texas legislature passed the Nicole "Lilly" Lalime Act, which permits the police to take mandatory blood draws without a warrant in limited situations. These situations currently include:


When a person is arrested for a felony DWI, such as driving while intoxicated with a child passenger, intoxication assault or intoxication manslaughter

When a person has two or more previous DWI convictions

When a person has one or more previous felony DWI convictions

When a person is involved in an accident causing death or serious injury requiring emergency room treatment to another


Prior to passage of the Act, the police could not take a blood sample without obtaining the driver's consent or a valid warrant from a judge, which gave rise to Dallas' No Refusal program.

link

More and more states are actually changing their laws to mandatory blood testing in cases of DUI lieu of having to first request breath testing. The latter, as Cak eluded to has been too easy to "defend" with reasonable doubt, whereas 90% + convictions have been reported with positive blood testing.........juries love this confirmatory evidence.

[infantrycak]

Originally Posted by CloakNNNdagger

He's going to have enough problems even if speeding is proven without intoxication. Correct me if I'm wrong, but I don't believe that Texas differentiates involuntary from voluntary manslaughter, which is a 2nd degree felony (what has been reported) and carries with it something like up to ~20 years?

Texas has a single recklessness standard but in practice things are differentiated and intoxication will be key to both a conviction and sentencing.

The sentencing varies wildly from around 2-20 years.

As anyone knows who has received a speeding ticket - speeding is not ordinarily considered reckless driving for which there is a separate misdemeanor offense and by analogy recklessness for manslaughter.

If they can't prove intoxication their chances of prosecution plummet and even if successful the sentence will be much lighter. Just imagine this - 100 potential jurors, typical DFW folks, get seated as potential jurors. "How many of you have ever sped in your life?" "How many of you have ever gone 10 mph over the speed limit?" 20, whatever the prosecution is going to claim. Unless you get those with hands in the air to admit they are biased for speeders you ain't getting them off the jury for cause. So now you have a jury with people you are asking to convict themselves of recklessness to the point of being liable for manslaughter. The voir dire would be huge in the case. I'd find the 3-4 worst offenders on the panel (there are always several who will say anything to get out of jury duty) who I am sure the prosecutor is going to strike for cause and wring them about how bad they have been so all the other jurors think well of themselves and the defendant who was "only going 15 mph over the speed limit."

Has anyone seen a report of what kind of vehicle was involved?

[CloakNNNdagger]

Originally Posted by infantrycak

Texas has a single recklessness standard but in practice things are differentiated and intoxication will be key to both a conviction and sentencing.

The sentencing varies wildly from around 2-20 years.

As anyone knows who has received a speeding ticket - speeding is not ordinarily considered reckless driving for which there is a separate misdemeanor offense and by analogy recklessness for manslaughter.

If they can't prove intoxication their chances of prosecution plummet and even if successful the sentence will be much lighter.

Has anyone seen a report of what kind of vehicle was involved?

Thanks for the post

I'm sure it was a Yugo!

[infantrycak]

Originally Posted by CloakNNNdagger

Thanks for the post

I'm sure it was a Yugo!

I edited to add. Please see revised post.

I was curious whether it was a high or low center of gravity car. I have a fair amount of accident reconstruction background (plus spent a lot of time with "Ugly" Joe Hinton) and was curious.

As an aside - not all police are trained in accident reconstruction. Joe has trained many of those who are.

[SheTexan]

What's it gonna take for people to understand that THEY are NOT immune to what alcohol does to the brain!! So tragic!

[Playoffs]

Originally Posted by infantrycak

Has anyone seen a report of what kind of vehicle was involved?

2007 MB S-Class.