Don't ask me any questions, I don't understand this system and I'm crushed. It is what it is.
We spent one last time in a dreadful meeting with the DA's office today. Horrible.
The charges against Michael's killer are:
Murder 2 up to 25 years
Vehicular Homoside 3 to 6 years
Leaving the scene 1-2 years
The DA said the judge will throw out Murder 2 from the very beginning because the charge does not fit the crime. So I don't know why they charged that in the first place for sure so we lost that charge already. So that leaves the other 2 charges. The DA feels that he can get the low end of VH which would equal 2 to 3 years and at best 1 year on leaving the scene since he never had any other driving related charges on him before and that can be reduced. He said you just never know what the jury will decide and it's a crap shoot. They might just feel sorry for him and let him go free. This is nothing like what they told us a year and a half ago so we are in complete shock.
This is because we can not bring up the other two accidents he had that day, or that he was drunk and drugged since 7:00 AM that morning and continued on like that all day long, or shot his father in the head or runs a meth lab or has a history of violence and a long line of felonys. All the jury will know about him is that this is an inocent man until proven guilty that used bad judgement and was driving in a wreckless manner. They will not know what we do about him at all. Although we have people to testify he was drunk/drugged, he was not caught and tested for it so that will be considered "here-say"
As it stands now, the jury could let him go or at best, he could get 3-5 years with any luck.
There may a plea on the table and the DA wanted our input about it. That is really what this meeting today was about. That if they care to plea, we can avoid the trial completely. That they will settle out of court. By doing this, the DA would settle with him doing 6 years. If we leave it to the jury, again, he can get less, or possibly even go free.
Then there is the matter of us going to court. They see Hus as the only one of us that could possibly handle it. They are seeing Daniel as a loose cannon who cannot be controled which would cause a mistrial and me as a mom that cannot stop crying, since every time we have a meeting, the tears just won't stop and for Dan, the anger is beyond belief and it shows. They said the judge has ruled against us showing Michael's pictures, slide show, hearing about what kind of boy he was because that would prejudice the jury and I cannot address them at all. On top of everything, there are problems with security, the local media and drama and keeping them at bay. They think it is much safer way to go for us if they go for a plea and this way we are assured of 6 years. The worst thing is that if they do not entertain a plea, this trail can go on for years.
Either way, we are completely shocked, and upset, and reeling. This caught us all off guard and we didn't know what to say or what to think. As of right now, they said we had to stay by the phone all weekend long because they might decide to go for the trail or go for a plea right up to the hour when court begins on Tuesday morning. We do not know what happens next.
This legal system is insane.
We spent one last time in a dreadful meeting with the DA's office today. Horrible.
The charges against Michael's killer are:
Murder 2 up to 25 years
Vehicular Homoside 3 to 6 years
Leaving the scene 1-2 years
The DA said the judge will throw out Murder 2 from the very beginning because the charge does not fit the crime. So I don't know why they charged that in the first place for sure so we lost that charge already. So that leaves the other 2 charges. The DA feels that he can get the low end of VH which would equal 2 to 3 years and at best 1 year on leaving the scene since he never had any other driving related charges on him before and that can be reduced. He said you just never know what the jury will decide and it's a crap shoot. They might just feel sorry for him and let him go free. This is nothing like what they told us a year and a half ago so we are in complete shock.
This is because we can not bring up the other two accidents he had that day, or that he was drunk and drugged since 7:00 AM that morning and continued on like that all day long, or shot his father in the head or runs a meth lab or has a history of violence and a long line of felonys. All the jury will know about him is that this is an inocent man until proven guilty that used bad judgement and was driving in a wreckless manner. They will not know what we do about him at all. Although we have people to testify he was drunk/drugged, he was not caught and tested for it so that will be considered "here-say"
As it stands now, the jury could let him go or at best, he could get 3-5 years with any luck.
There may a plea on the table and the DA wanted our input about it. That is really what this meeting today was about. That if they care to plea, we can avoid the trial completely. That they will settle out of court. By doing this, the DA would settle with him doing 6 years. If we leave it to the jury, again, he can get less, or possibly even go free.
Then there is the matter of us going to court. They see Hus as the only one of us that could possibly handle it. They are seeing Daniel as a loose cannon who cannot be controled which would cause a mistrial and me as a mom that cannot stop crying, since every time we have a meeting, the tears just won't stop and for Dan, the anger is beyond belief and it shows. They said the judge has ruled against us showing Michael's pictures, slide show, hearing about what kind of boy he was because that would prejudice the jury and I cannot address them at all. On top of everything, there are problems with security, the local media and drama and keeping them at bay. They think it is much safer way to go for us if they go for a plea and this way we are assured of 6 years. The worst thing is that if they do not entertain a plea, this trail can go on for years.
Either way, we are completely shocked, and upset, and reeling. This caught us all off guard and we didn't know what to say or what to think. As of right now, they said we had to stay by the phone all weekend long because they might decide to go for the trail or go for a plea right up to the hour when court begins on Tuesday morning. We do not know what happens next.
This legal system is insane.
