Her other ankle had two sprains, which meant she couldn't walk for days after the collision. Her friend made out easier, with just a sprained back and ankle. I thought i was going to die. As i reached for the door, my arm went limp, it was broke, As i tried to turn my body i could not for i was pinned by the steering wheel, I then went to move my legs noticing my ankles were twisted and caught in the pedals, my ankles broken.
In an e-mail reply to Phelan, Horne says he "made no conscious attempt to minimize anything that happened to either of us in the accident. Hook told viewers that only one woman had been hurt, and even then only "minorly.
Despite her experience, Phelan had mercy on Horne. Ironically, she was a substance abuser and former heroin addict who says she had been sober for months when the drunk driver hit her. But she fell off the wagon after taking morphine and other drugs for her pain. You have successfully signed up for your selected newsletter s - please keep an eye on your mailbox, we're movin' in! She checked herself back into rehab and regained her footing a few months later.
Phelan saw her own past in Horne's out-of-control behavior and told Thomas' office that she didn't want Horne sent to jail or prison. Prosecutors had been prepared to offer Horne a minimum of three years in prison, but because of Phelan's intervention, the plea deal mandated only probation and one year in county jail.
Though Phelan says she "stipulated" that Horne receive help for his abuse of alcohol, he claims that tests showed he didn't need treatment.
Accidental Shooting Victim A Felon
Horne admits he was given the shortest sentence possible under the conviction, and that a supervisor from Thomas' office had to sign off on the deal. Yet instead of thanking Thomas' office for cutting him a break, Horne wrote a book condemning the county attorney. He maintains that the office should have never charged him with aggravated assault in the first place.
Well, I'm the accidental victim. Just after 10 p. Suddenly, she says, "I'm thinking, 'Why are there headlights in my lane?
Horne's new, full-size Dodge Ram truck plowed into the Tracker head-on, crushing the smaller vehicle's front end. Horne admits he was drunk — but accidentally drunk — when he crossed the centerline. He claims that a previously undiagnosed medical condition caused him to knock back too many beers during six hours at a sports bar. After half of the first beer, he says, he experienced a type of "hallucinogenic dream" and didn't realize how much he was drinking. Though Horne refused a blood test at the scene, a search warrant was issued and he was compelled to give a blood sample.
Authorities later stated that his BAC was. Horne claims that's impossible, based on the number of beers he had downed at the bar as listed in a bar receipt.
Accidental shooting: Felon accused of killing sister-in-law while mishandling gun
He says his liver wasn't functioning properly, producing a false blood-alcohol reading. The family man who had never been arrested before was carted off to jail and charged with aggravated assault, a serious felony. Phelan's name never appears in the book. Horne wrote that the woman's "foot had been injured" and that the prosecuting attorney told him she was "fine. True, Phelan wasn't "maimed," but she most certainly was not "fine. Her other ankle had two sprains, which meant she couldn't walk for days after the collision.
Her friend made out easier, with just a sprained back and ankle. I thought i was going to die. As i reached for the door, my arm went limp, it was broke, As i tried to turn my body i could not for i was pinned by the steering wheel, I then went to move my legs noticing my ankles were twisted and caught in the pedals, my ankles broken. Her assailant could be charged with felony murder. Targets of assaults, robberies, and other crimes very often fight back, sometimes with weapons and with resulting homicides. What role should the felony murder rule play when, for example, a victim shoots back and kills one of multiple assailants, or accidentally kills a bystander?
May surviving assailants be charged under the felony murder rule for these deaths? These deaths certainly occurred during the commission of a felony — but they did not occur in furtherance of it, which is the limiting consideration that many courts will apply to scenarios like this. Courts that adopt this approach will apply it to a killing committed by a policeman or a bystander, too, and will not allow a charge of felony murder.
But notice that this limit applies only to non-felons.
Skip to Main Content. Criminal Law. By Janet Portman , Attorney. The felony murder rule elevates killings that occur during the commission of a felony to murders. Several limitations apply to this old and arguably unnecessary theory. Unintentional Death The rule applies whether the felon kills intentionally, recklessly, or even accidentally; and even when the death was unforeseeable.