Murder update

[Pokerkitty6]

WOW! Thanks for the update! Sounds like a crazy night and morning..

[PANAMHIEST]

Honestly I think your good friend may have involuntarely screwed himself when he shoot the sheep herder guy after he crashed. I think he should maybe get involuntary mansluaghter, and 5-10 years probation. If this took place at night, then perhaps the sheep herder charged your good friend after the crash, not being able to see that he had a gun. But that doesnt seem right, because of the relative distance the sheep herder guy is to the truck. Seems like your friend shot the sheep herder fella as soon as he got out of the vehicle. Now this isnt entirely out of contense to shot someone for stealing your truck,and knocking you upside the head a few good ones while your very inebriated, but he is pleading that he shoot the sheepherder in self-defense, which is the wrong plea. However in some states, you can use lethal force if nessecary, to protect yourself and your property, which would include a vehicle. Your good friends alcohol level was 1.6 which is very high up there, and with a few knocks on the head, probably clouded his good judgement to some degree i would imagine, so he should change his plea, seek a plea to involuntary mansluaghter in exchange for 5-10 years probation, which in this situation, should be acceptable to a prosecuter with any sense to know that this is a case of two very intoxicated individuals, the sheep herder the obvious criminal, and the good friend with a clouded judgement and a few poors decisions. It is a case of one bad night, and not cold blooded murder, and that warrents involuntary mansluaghter IMO.

[freeringo]

Honestly I think your good friend may have involuntarely screwed himself when he shoot the sheep herder guy after he crashed. I think he should maybe get involuntary mansluaghter, and 5-10 years probation. If this took place at night, then perhaps the sheep herder charged your good friend after the crash, not being able to see that he had a gun. But that doesnt seem right, because of the relative distance the sheep herder guy is to the truck. Seems like your friend shot the sheep herder fella as soon as he got out of the vehicle. Now this isnt entirely out of contense to shot someone for stealing your truck,and knocking you upside the head a few good ones while your very inebriated, but he is pleading that he shoot the sheepherder in self-defense, which is the wrong plea. However in some states, you can use lethal force if nessecary, to protect yourself and your property, which would include a vehicle. Your good friends alcohol level was 1.6 which is very high up there, and with a few knocks on the head, probably clouded his good judgement to some degree i would imagine, so he should change his plea, seek a plea to involuntary mansluaghter in exchange for 5-10 years probation, which in this situation, should be acceptable to a prosecuter with any sense to know that this is a case of two very intoxicated individuals, the sheep herder the obvious criminal, and the good friend with a clouded judgement and a few poors decisions. It is a case of one bad night, and not cold blooded murder, and that warrents involuntary mansluaghter IMO.

Well thought out Panam.
I think you are right, but with the gun enhancements, he is looking at min 2 years in prison.
It's now mandatory in California, 1 year each gun.
My suspicions were different than the facts presented during this last hearing and I am encouraged that he will get through this OK.

[markjfixit]

I am not a judge or jury but of course I have an opinion. there are several things that are sketchy about it being there seems to be the only one witness that was in fact extremely drunk and facing murder charges.it seems strange that first off the sheepherder hit this man with a bottle in the head and yet it does not state if there were injuries to the guy getting hit in the head?? second sounds like the sheepherder was driving back and forth in front of this guys house and the shots from the 45 came from the porch?? and third after the man crashed into the ditch the man aproached him and fired the rifle killing him instantly as they stated he dropped didnt crawl or walk. in my opinion it would be second degree murder. first degree is planning a murder. second degree is just plain killing at moments notice unpremeditated. and to make it worse the victim was unarmed both being shot at in the truck from the porch to the road is not self defence, then changing guns and shooting from the other side shows intent rather than defence. when the herder took off in his truck after hitting him he should have called the police that herder would have been charged with assult and stealing the truck instead took out weapons which ultimitely drove the stakes way up!! they had unresolved issues from the year before and it all seemed to come to a head with a terrible abuse of each other and firearms. I feel sad for both parties having destroyed there lives in a drunk state of mind,, very sad!!

[freeringo]

I am not a judge or jury but of course I have an opinion. there are several things that are sketchy about it being there seems to be the only one witness that was in fact extremely drunk and facing murder charges.it seems strange that first off the sheepherder hit this man with a bottle in the head and yet it does not state if there were injuries to the guy getting hit in the head?? second sounds like the sheepherder was driving back and forth in front of this guys house and the shots from the 45 came from the porch?? and third after the man crashed into the ditch the man aproached him and fired the rifle killing him instantly as they stated he dropped didnt crawl or walk. in my opinion it would be second degree murder. first degree is planning a murder. second degree is just plain killing at moments notice unpremeditated. and to make it worse the victim was unarmed both being shot at in the truck from the porch to the road is not self defence, then changing guns and shooting from the other side shows intent rather than defence. when the herder took off in his truck after hitting him he should have called the police that herder would have been charged with assult and stealing the truck instead took out weapons which ultimitely drove the stakes way up!! they had unresolved issues from the year before and it all seemed to come to a head with a terrible abuse of each other and firearms. I feel sad for both parties having destroyed there lives in a drunk state of mind,, very sad!!

A few things to factor in.
You can't get a phone signal where he lives.
It is 5 miles to use a cell phone.
Another factor is that it is pitch black up there with no moon and there was no moon.
3rd thing is that the sheep herder was an illegal alien I am told and he has no family in USA.
I believe the DA doesn't care much about this case and sees it as a way to save some tax dollars and offer him a nice plea.

[Ringo]

The Trial is finally over and I had to testify so I didn't get to watch any of the testimony.
Brasil was found guilty of second degree murder with a gun enhancement.
15 years to life and 3-8 years for the gun used in felony.

Just got a letter from him this week saying he is not guilty of murder in any way just guilty of stupidity.
He is very optimistic about his appeal because there were several trial errors he claims.
He is also optimistic about an early parole since he has never been in trouble before.

I never got to read the paper about the trial and now I really don't want to. I will just continue to believe in my friend and pray he gets through this.

[taylovesthebeatles]

Thanks for the update, I will continue praying for the best outcome in this situation!