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Old 09-14-2020, 11:31 AM   #1
sanjuro
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Rider murdered by DUI driver in Fremont

https://www.eastbaytimes.com/2020/09...day-in-newark/

Quote:
The fatal collision happened around 2:20 a.m. Sunday in the eastbound lanes of Highway 84 near Thornton Avenue, just east of the Dumbarton Bridge toll plaza.

Authorities said the motorcycle was hit from behind by a BMW sedan.

The victim was identified Monday by the Alameda County Coronerís Office Monday as Michael D. Thomas, 40, of Palo Alto.

Another person on the motorcycle was also injured, the CHP said.
Rest in peace, Michael.
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Old 09-14-2020, 11:36 AM   #2
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Michael

Condolences to his family and friends.

Palo Alto dude.. wonder if I had seen him around.

Hope the passenger is OK.
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Old 09-14-2020, 12:24 PM   #3
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RIP Michael. Burn in hell, driver.
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Old 09-14-2020, 01:44 PM   #4
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Sep 13 2020 2:39AM MC IS EMBEDDED IN VEHS ENGINE
The BMW must have been at least into triple digits.

I'm wondering if it was the passenger who passed away, the story doesn't say.
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Old 09-14-2020, 02:49 PM   #5
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Killed yes, but "murdered"?

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Old 09-14-2020, 03:11 PM   #6
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Originally Posted by fraz View Post
Killed yes, but "murdered"?
I thought about my word usage. I could have written it as "collided by a driver" too.

I think murder is closer, but feel free to defend the driver here.
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Old 09-14-2020, 03:53 PM   #7
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Originally Posted by sanjuro View Post
I thought about my word usage. I could have written it as "collided by a driver" too.

I think murder is closer, but feel free to defend the driver here.
Imma going to have to agree with Sanjuro. If by itself the driver was driving drunk, it is murder. If the driver was endangering folks by driving over 100 MPH, and hit the motorcycle so had that it was pushed into the engine block, then it is manslaughter through reckless driving aka vehicular homicide.
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Old 09-14-2020, 04:00 PM   #8
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Originally Posted by sanjuro View Post
I think murder is closer, but feel free to defend the driver here.
Oh no need to jump to conclusions there. I ain't defending a DUI piece of shit. I truly hope he gets max sentence and fines and all.

The word murderer is pretty specific in the English language and it is getting tossed about very loosely nowadays, that is all. Murder implies intent, so unless there is more info to the story, that is incorrect usage. Even "killer" would be more accurate to use in this case.
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Old 09-14-2020, 05:02 PM   #9
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Originally Posted by fraz View Post
Oh no need to jump to conclusions there. I ain't defending a DUI piece of shit. I truly hope he gets max sentence and fines and all.

The word murderer is pretty specific in the English language and it is getting tossed about very loosely nowadays, that is all. Murder implies intent, so unless there is more info to the story, that is incorrect usage. Even "killer" would be more accurate to use in this case.
You are correct. You need not just intent in California, but "malice," either express or implied. Basically, "express" is first degree, and "implied" is second. Implied malice is found when the state can prove the defendant had a "depraved and malignant heart." That means they were doing something so horribly wrong and dangerous it goes beyond simple negligence.

By the way, intent isn't intent to murder--it's just intent to do the thing that caused the death.

In fact, you can get hit with 2nd-degree murder if you've had prior DUI with injury convictions. More commonly, you were shooting a gun and it accidentally hits and kills someone. In this case, speeding at 100mph at night drunk and killing someone makes you a murderer, if only a second-degree one. But the OP was 100% correct (if you ask me)

The sad reality is if this was a poor person, he will probably plea to a lesser charge and spend 3-5 years in prison. If it's a rich person, he will probably pay about $250,000 in legal fees and get off without more than a day or two in jail, if that. He'll probably be driving (drunk) again in 1-5 years.
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Old 09-15-2020, 04:36 AM   #10
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RIP Rider. What a shame. I try to stay off the roads as much as possible at that time of day. I am 'on-call' 24/day, so I could be the person encountering drunks. This really sucks.
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Old 09-15-2020, 07:24 AM   #11
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Quote:
Originally Posted by cheez View Post
RIP Michael. Burn in hell, driver.
+1

Quote:
Originally Posted by sanjuro View Post
I thought about my word usage. I could have written it as "collided by a driver" too.

I think murder is closer, but feel free to defend the driver here.
This ain't 1950. With what we've known about drinking and driving for a half century, I don't think it's a stretch to argue intent anymore. I'd say your usage is more accurate than any other.
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Old 09-15-2020, 07:34 AM   #12
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Quote:
Originally Posted by lefty View Post
RIP Rider. What a shame. I try to stay off the roads as much as possible at that time of day. I am 'on-call' 24/day, so I could be the person encountering drunks. This really sucks.
It's why you always have to watch your 6, you just never know, I don't trust anybody else on the road when I'm riding.
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Old 09-15-2020, 09:24 AM   #13
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Quote:
Originally Posted by Gabe View Post
In fact, you can get hit with 2nd-degree murder if you've had prior DUI with injury convictions.
You don't need a prior DUI w/ injury. A standard DUI gets a Watson admonishment (murder).
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Old 09-15-2020, 09:52 AM   #14
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In the thread Drunk driver sentences in fatal motorcycle crashes I mention several cases where a drunk driver with a previous DUI killed a motorcyclist, was convicted of second-degree murder, and got a 15-year sentence. Sometimes, though, they'll use the murder charge as leverage to get a guilty plea to DUI manslaughter and 6 years.

RIP, Michael Thomas.
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Old 09-15-2020, 11:33 AM   #15
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