Thread: DT arrested for vehicular assault

Originally Posted by Ground Control

I know it's not the case, but shouldn't the people involved have to press charges before a felony is given? Who knows if they were egging him on. Not that he's in the right on this at any level..but a felony for an accident?

Maybe I'm just a DT homer. He's the best of people and it would suck if he became a felon because of one stupid move. Regardless, if those that suffered injury didn't press charges, I don't think he should get a felony. It's not like the guy is ever going to do this again...

I might have read something about it being a strict liability crime, like statutory rape. You just do X, Y, and Z, and bam.

When the mens rea don’t matter the legislative branch/MPC/common law flexed on you.

Originally Posted by Hawgdriver

I might have read something about it being a strict liability crime, like statutory rape. You just do X, Y, and Z, and bam.

From what I've read, you nailed it. A "liability crime" under Colorado law.

Originally Posted by Ground Control

I know it's not the case, but shouldn't the people involved have to press charges before a felony is given? Who knows if they were egging him on. Not that he's in the right on this at any level..but a felony for an accident?

Maybe I'm just a DT homer. He's the best of people and it would suck if he became a felon because of one stupid move. Regardless, if those that suffered injury didn't press charges, I don't think he should get a felony. It's not like the guy is ever going to do this again...

I would suggest many felons become so because of one stupid move

Originally Posted by Valar Morghulis

I would suggest many felons become so because of one stupid move

Pretty much, all it takes is one wrong decision and you could land in prison. It doesnt help his case that he has had issues with reckless driving before but something tells me he wont serve any time in jail and probably will get a shit ton of community service and probation.

Originally Posted by BroncoJoe

If the owner allowed him to drive the vehicle, wouldn't their insurance coverage be in effect as well? That's my understanding...

Yes. However, if the vehicle had insurance, the police likely would have been able to verify that at the time.

Lots of unknowns, so just speculation, but it would appear the vehicle wasn't insured by its owner, whoever that is.

Originally Posted by Ground Control

I know it's not the case, but shouldn't the people involved have to press charges before a felony is given? Who knows if they were egging him on. Not that he's in the right on this at any level..but a felony for an accident?

Maybe I'm just a DT homer. He's the best of people and it would suck if he became a felon because of one stupid move. Regardless, if those that suffered injury didn't press charges, I don't think he should get a felony. It's not like the guy is ever going to do this again...

Why do you assume he won't do it again? Best indicator of future behavior is past behavior. I'm not saying he is a terrible human being but for people to simply change their day to day behaviors based on 1 incident, it's very difficult. If what was referenced by another poster is true, than this is his norm. He drives unnecessarily and dangerously fast. It's unlikely that he'll just stop doing that. I hope he does for his and the safety of those around him. But the laws and reprocussions are there for a reason. I speed a bit. But I don't go 70 in a 30. There is a reason it's a 30 zone. He is 100% wrong. His actions hurt others physically, probably affected others nights as police had to close roads to investigate the crash and took police and EMTs away from other possible situations. It may sound corny, but people never think about the ancillary affects these types of things have on others. Hence....rules/laws and reprocussions.

Originally Posted by Valar Morghulis

I would suggest many felons become so because of one stupid move

I work with a bunch of em on a daily basis.

Former Denver Broncos and Houston Texans wide receiver Demaryius Thomas pleaded guilty Wednesday to careless driving resulting in injury.

Thomas was involved in a crash on Feb. 16, a few days after he was released by the Texans.

In a statement explaining the reasons for his arrest, police said Thomas was driving over 70 mph, more than twice the speed limit, around 12:20 a.m. near downtown Denver when his SUV went off the road and flipped end over end after hitting a median. The SUV landed on its wheels and one of his two passengers suffered serious injuries, the document said.

rest - http://www.espn.com/nfl/story/_/id/2...-guilty-charge

Originally Posted by BroncoJoe

Right? I was confused by that as well. Maybe the charge only needs to include reckless driving/behavior. I have no idea.

The terminology doesn't make sense to me either. To 'assault' someone means intent, to me. Here's the legal though:

You commit vehicular assault in violation of Colorado Revised Statutes 18-3-205, C.R.S. when:

You drive in a reckless manner OR you drive under the influence of alcohol and/or drugs, and
Your driving is the proximate cause of a serious bodily injury to another person.
“Serious bodily injury” means an injury which, either at the time of the actual injury or at a later time, involves:

a substantial risk of death,
a substantial risk of serious permanent disfigurement,
a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or
breaks, fractures, or burns of the second or third degree.

Originally Posted by Ground Control

The terminology doesn't make sense to me either. To 'assault' someone means intent, to me. Here's the legal though:

You commit vehicular assault in violation of Colorado Revised Statutes 18-3-205, C.R.S. when:

You drive in a reckless manner OR you drive under the influence of alcohol and/or drugs, and
Your driving is the proximate cause of a serious bodily injury to another person.
“Serious bodily injury” means an injury which, either at the time of the actual injury or at a later time, involves:

a substantial risk of death,
a substantial risk of serious permanent disfigurement,
a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or
breaks, fractures, or burns of the second or third degree.

I agree that "assault" would include intent. Here's the thing in my mind, he showed intent to drive recklessly. If you are driving double the posted speed limit you know you're risking your safety and the safety of everyone on the road. The intent isn't that you intended to hurt someone but that you were knowingly creating the factors that allowed it to happen.

Same thing for driving drunk. You didn't mean to kill someone, but you did mean to drive drunk.

Originally Posted by Davii

I agree that "assault" would include intent. Here's the thing in my mind, he showed intent to drive recklessly. If you are driving double the posted speed limit you know you're risking your safety and the safety of everyone on the road. The intent isn't that you intended to hurt someone but that you were knowingly creating the factors that allowed it to happen.

Exactly.

I i choose to drive above the speed limit i dont intend on getting a speeding ticket. But the intent is to go more than the posted speed limit which is risky in getting caught. Of course DT didnt intend to hurt anyone but he knew the risk could happen when he chose to drive that fast.

I like that he plead guilty and didn’t make excuses.

The whole situation makes me sad. He's one of those legitimate all-time great Broncos. The most physically gifted receiver we've ever had, and if you had as many years as Rod he would have broken all of rods records. I'm not saying he was as clutch. But I do remember him going out and catching 17 balls in that Super Bowl and everybody else had packed it in after the first quarter.

The passenger will sue DT next.