Recent Comments

I can't decide whether it was really clever of them to put Jon Snow's face between dead and living characters, or if it was a total cop-out to basically tease nothing of consequence.

You misunderstood the situation of why the punter flipped. He always wanted to go to Georgia but they only offered him a preferred walk on so he committed to Virginia Tech. When Georgia found out they had a scholarship open they offered it to him and he accepted. It had nothing to do with Shane Beamer, it was a matter of being able to go to his dream school.

Let's make up rumors about recruits. That tends to distract people and leads to logical discussion. (/s)

Really hope there's a /s there I'd rather not get into a political debate on a weather post... Unfortunately they probably will be tied for the rest of my life...

There is whole departments dedicated to supporting the accuser.
Saying that it is unfair because the defendant has representation is amazing.
The alternative is to limit the defense to the perceived level of the competence of the offense.
That is just nutz.

I never spoke to this case, rather I specifically spoke about university systems themselves and my experience with VT's. In rape and sexual assault, both of which are criminal offenses if proven, innocence before proven guilty holds true.

Not how I see it. As long as you're in an environment that can reasonably be expected to be safe (i.e., appropriate caliber given the range design, aiming in the general vicinity of the target, and otherwise not being a dumbass), then an unexpected ricochet wouldn't be considered to be the result of a "reckless" act.

On the other hand, shooting yourself while cleaning a firearm is by definition a reckless act. He could easily have missed himself by an inch and sent the round toward a neighbor's house. It's not like he was in control of where it was going...

Anyway since I'm not an expert on this, here's a quote from someone who is. This is in relation to an incident in Manassas City a couple years ago where a woman discharged a firearm while attempting to clear it before taking it in to Virginia Arms. Her lawyer (Dan Hawes) said:

This was an accidental discharge, noting that we commonly use the word, "accident" to include acts of simple negligence, along with random, unpredictable events. This may have been an act of simple negligence. However the facts indicate that she was doing what she could to do what she was doing safely, and in particular, being scrupulous about keeping the muzzle pointed in a safe direction. She made a couple of mistakes, first in the order of operations, resulting in a round being in the chamber unexpectedly, and secondly, attempting to remove the slide (requiring a pull of the trigger) instead of merely locking the slide back. But such mistakes coupled with adherence to the safety rules do not constitute "gross negligence", much less "recklessness".

Recklessness, in the criminal context, requires such a degree of indifference to life, limb, and property, as to constitute criminal malice. If she'd had the gun pointed at a crowd of people when attempting to unload it instead of down at the seat in the van, that would have been recklessness. This was not reckless handling of a firearm, it was careful handling of a firearm with a couple of unfortunate mistakes. If she hadn't been the owner of the vehicle that now has a hole in the seat, the owner could sue her for negligence, but this was clearly not a crime, and I think it was wrong to have charged her.

Emphasis mine. As you can see, the key question is whether the CA will consider not pointing the gun in a safe direction and failing to clear it properly to meet the legal definition of "reckless".

ETA: Luckily for the woman involved, the prosecutor offered that if she took an additional NRA pistol safety class that the case would not be prosecuted, and it was eventually dismissed. Hopefully Loudoun County's CA office is equally reasonable to work with and Morgan gets similar treatment.

No, but we also shouldn't assume the accusers are lying for some reason. The issue here is fairness, both parties should be taken seriously and given the equal opportunity to make their case. The problem at UT and many other schools is that an athlete has the resources of the university to defend themselves while the victims have to make due on their own.

What happened to the duke lacrosse players is terrible, but we can't let one case like that color how we see every case of someone accusing an athlete of sexual assault. Until both parties are afforded equal quality of legal counsel, there will be a problem with the system.

They do have these. They descend into kangaroo courts where men are assumed to be guilty rapists. Look at UVA or Duke where the men were just assumed to be guilty and some professors even called for them to be thrown out of school before any guilt is established.

up to and including explusion for an attacker.

We should throw someone out of school without a criminal investigation?

Very few colleges have former athletes give money. It was discussed at length by some higher ups in the athletic dept a year or two ago.

Ok, I gave an incomplete answer because I did not consider that we were speaking at this level so, yes, I agree. As long as the accused's name does not enter any record anywhere. At this level, the accused would have no ability nor recourse to clear theur name and that could have significant implications in the future.

That being said, that's not what's being addressed here.

Conventional wisdom would say it's Mitchell Ludwig. Only other punter on the roster, and he's already on scholarship.

All this awful winter weather in the DC area the past few years is all Obama's doing. He want to wreck the country...and is doing a damn fine job of it!

Pages