Violent Assault in Beltline

[VO #23]

Originally Posted by flameswin

Aggravated assault? Shouldn't they have been charged with attempted murder?

Recklessness isn't enough to establish the specific intent requirement for attempted murder, there has to be an attempt with specific intent to kill that failed.

[CaptainCrunch]

Originally Posted by VO #23

Recklessness isn't enough to establish the specific intent requirement for attempted murder, there has to be an attempt with specific intent to kill that failed.

I'd like to see an addon to the Canadian Justice system that if you commit a violent crime for a thrill that no matter if its assault to murder it automatically adds 5 years to your prison term, and it becomes mandatory that you serve it in a federal prison.

With aggravated assault both of those losers are probably only going to get 6 months in jail.

[jayswin]

Originally Posted by VO #23

Recklessness isn't enough to establish the specific intent requirement for attempted murder, there has to be an attempt with specific intent to kill that failed.

Ok, it seems really weird to me. If the guy dies, then they're charged with murder, a very dispicable murder at that. But if he clings ot life and is messed up for the rest if his life, they are charged with aggravated assault and are likely back on the streets very soon.

I'm no law expert, but in my eyes, if you beat someone to within an inch of their life, you should be charged as if you intended to kill them, as imo, at some point in the beating you had to have known how far you were going.

[JonDuke]

^Welcome to the Canadian justice system!

[FiftyBelow]

http://www.cbc.ca/news/canada/calgar...-upgraded.html

Charges have been upgraded to attempted murder. The defense seems pretty confident that the crown won't be able to prove intent. From what little was said, the crown suggests that the extent of the injuries might be enough to prove attempted murder. The victim is still in critical condition. I sure hope the defendants get what they deserve. It's disgusting to thinking that there are actually people out there who would beat someone to near death randomly and without provocation.

[Wormius]

Is that a ploy to get them to plead guilty to a lesser charge than attempted murder?

I do hope they get convicted of this though. It's hard to imagine that when beating the guy, their intent was to only beat him to within an inch of his life. If they were beating him, and tried to kill him, but failed, that should be attempted murder. I don't think you should have to be conspiring or planning a murder in advance for it to be considered attempted murder.

[Ozy_Flame]

Isn't that what manslaughter charges are for though? I like the attempted murder charges upgrade, but that may be difficult to prove as the defense is suggesting unless there is some golden nugget piece of evidence.

[YYC in LAX]

Originally Posted by Ozy_Flame

Isn't that what manslaughter charges are for though? I like the attempted murder charges upgrade, but that may be difficult to prove as the defense is suggesting unless there is some golden nugget piece of evidence.

I thought manslaughter only kicked in if the person dies. No such thing as attempted manslaughter or near-manslaughter...I think.

[Senator Clay Davis]

Victim has passed away sadly...

The victim of a vicious Beltline beating who's been in a vegetative state since May has died, a friend of the family confirmed to the Sun.

John Herrera-Garcia, 49, was recently moved to a hospice and familymembers were told to brace for his death, said Indira Caro, a member of Calgary's Colombian community who was notified by the victim's mother Wednesday morning.

"They tried to keep him on, but there was no hope," she said.

"His brain just wasn't responding."

Two Calgary men — 26-year-old Garrett Elliot Lee Smith and 22-year-old Jarod Donald Henry — were charged with aggravated assault in connection with the May 19 attack.

A third female suspect, Chantelle Tiffany Campbell, 27, was also arrested, with the charges for all three later upgraded to attempted murder.

Crown prosecutor Ken McCaffrey said witnesses reported all three people charged repeatedly kicked Herrera-Garcia after the victim was knocked down on a street near his home.

McCaffrey said the motivation for the attack appeared to be a belief Herrera-Garcia, a father of three, had kicked the car the trio was in.

The Calgary Police Service is expected to consult with the Crown to upgrade the charges in light of Herrera-Garcia's death.

http://www.calgarysun.com/2012/09/12...lgary-hospital

So with the three losers now to be facing murder charges, I certainly hope they all get the max. This being Canada, I expect parole for all 3 by 2015.

[Ozy_Flame]

Can someone remind me why we don't have the death penalty here again?

What an unfortunate tragedy and an embarassing stain on Calgary's safe community image. First the Brazilian who was (accidentally) shot in the eye due to a drug-deal gone bad, now this.

Hopefully the judge makes an example out of these three turds.

[sec304]

horrible news.. condolences to the family

[Hockeyguy15]

Originally Posted by Ozy_Flame

Can someone remind me why we don't have the death penalty here again?

What an unfortunate tragedy and an embarassing stain on Calgary's safe community image. First the Brazilian who was (accidentally) shot in the eye due to a drug-deal gone bad, now this.

Hopefully the judge makes an example out of these three turds.

The guy who was blinded was shot in 2008, 4 years ago. If these are the only two events that bother you I would think that is a pretty good track record.

[calumniate]

Originally Posted by Hockeyguy15

The guy who was blinded was shot in 2008, 4 years ago. If these are the only two events that bother you I would think that is a pretty good track record.

Never met a nicer guy in my life I don't think (the Brazilian)

[Hockeyguy15]

Originally Posted by calumniate

Never met a nicer guy in my life I don't think (the Brazilian)

I think that would be pretty tough, learning how to live being blind after being able to see your whole life.

[valo403]

Originally Posted by Ozy_Flame

Can someone remind me why we don't have the death penalty here again?

What an unfortunate tragedy and an embarassing stain on Calgary's safe community image. First the Brazilian who was (accidentally) shot in the eye due to a drug-deal gone bad, now this.

Hopefully the judge makes an example out of these three turds.

Not sure what this has to do with anything, no nation with anything close to resembling a respectable justice system would utilize the death penalty in this case.

[Language]

Very sad news. Hard to imagine what goes through some people's minds and how they can just beat a man to death.

I hope there's no plea deals here for any of these idiots and all three rot in jail for life.

[Ozy_Flame]

Originally Posted by valo403

Not sure what this has to do with anything, no nation with anything close to resembling a respectable justice system would utilize the death penalty in this case.

Judge Dredd would.

Just sayin'.

And I wouldn't be upset with his prosecution methods for these three turds either

[Ozy_Flame]

Originally Posted by Hockeyguy15

The guy who was blinded was shot in 2008, 4 years ago. If these are the only two events that bother you I would think that is a pretty good track record.

No there's more, but I'm thinking of South American residents specifically. That is a very niche group, I know.

For some reason it really hits me in the gut when immigrants or foreign residents are caught in the crossfire and/or are victims of crime while being here.

[Wormius]

I really feel ashamed to be a Calgarian when stuff like this happens. It's really at times like this when you just want to know what the ##### was going through these people's heads.

[OilKiller]

Originally Posted by valo403

Not sure what this has to do with anything, no nation with anything close to resembling a respectable justice system would utilize the death penalty in this case.

Maybe we should start.