Murderer will serve 4 1/2 years in prison

[comrade]

Originally Posted by puckluck

And this is why the system is a joke. Any prosecutor with half a brain would know this is first degree murder, but we get these POS prosecutors who don't know how to do their jobs.

FFS I could prosecute this goof and get a guilty vedict for first degree murder. The judge should have called out the prosecutor for being so dumb.

Dunning-Kruger_effect

[SeeBass]

Nm

[Rathji]

Originally Posted by JustAnotherGuy

Can we at least agree that 6.5 years or so is not enough for what the guy did?

I am fairly sure 6.5 years for manslaughter is well within the guidelines, and I agree with those guidelines. The crown decided they couldn't convict on a first degree murder charge, so I think the 6.5 years is far better than the option of the 21 months he served.

[T@T]

Originally Posted by puckluck

And this is why the system is a joke. Any prosecutor with half a brain would know this is first degree murder, but we get these POS prosecutors who don't know how to do their jobs.

FFS I could prosecute this goof and get a guilty vedict for first degree murder. The judge should have called out the prosecutor for being so dumb.

Only if the real world was as black and white as apparently you think it is.

You know nothing about this case except a guy died from stab wounds.

What if the events of that night went down something like this:

1) Smith and Nembhard who are friends start arguing, Smith tells Nembhard "I'm going to hunt you down later and kill you"
2) Nembhard acts brave in front of his friends and utters “he disrespected me … nobody tells me that and not feel pain.” but deep down inside he is scared sh**less of Smith.
3) Nembhard decides to grab a knife hoping to scare Smith out of his earlier threat to kill him.
4) Smith being the big bad tough guy doesn't care about a knife and attacks Nembhard with another weapon.
5) Nembhard fighting for his life stabs Smith and he dies.

In a scenario like that you would never get a murder conviction in just about every civilized country.

So without know any real facts you should just be quiet.

[moon]

Originally Posted by T@T

What if the events of that night went down something like this:


In a scenario like that you would never get a murder conviction in just about every civilized country.

So without know any real facts you should just be quiet.

If things went down like that the guy should still get murder.

If someone threatens your life you go to the police you don't go back to him with a knife in hand to stab.

I would hope that in any civilize country a guy who stabs someone multiple times with a knife in a situation like that would get murder. But I do realize the justice system isn't set up like that.

[T@T]

Originally Posted by moon

If things went down like that the guy should still get murder.

If someone threatens your life you go to the police you don't go back to him with a knife in hand to stab.

I would hope that in any civilize country a guy who stabs someone multiple times with a knife in a situation like that would get murder. But I do realize the justice system isn't set up like that.

From the article it says Smith came at Nembhard with some sort of weapon first and then was stabbed during the tussle.

For a prosecutor to prove murder he would have to show the victim would have been stabbed even if he didn't attack the accused,considering all the witnesses that were there and Nembhard claiming " I was honestly in fear for my life" there must not have been enough evidence to prove murder and decided the safe route was to get a manslaughter conviction.

To blame the prosecutor on this is plain dumb, he has guidelines to follow set up by our justice system(could be better) and if this guy walked because a jury thought he was in self-defense the public would explode.

Personally I have no problem with this guy doing another 4.5 years,unless he learns to be a real criminal in jail I highly doubt he'll ever hurt someone again.

P.S. In the real world people don't call the cops everytime someone threatens them,for one unless it's male against female the cops usually do nothing and for two males are full of testosterone and like to take care of there own problems and not look like a little wimp in front of there friends.

[JustAnotherGuy]

Originally Posted by Rathji

I am fairly sure 6.5 years for manslaughter is well within the guidelines, and I agree with those guidelines. The crown decided they couldn't convict on a first degree murder charge, so I think the 6.5 years is far better than the option of the 21 months he served.

"When Nembhard returned to the scene with a knife, Smith, 38, tried to strike the accused with the equipment lid and the two began wrestling."

He returned with a knife. What was his intention when he returned with a knife?

The laws need to be challenged and changed if that is all they can convict a person. That is what I am saying.

[rubecube]

Originally Posted by JustAnotherGuy

"When Nembhard returned to the scene with a knife, Smith, 38, tried to strike the accused with the equipment lid and the two began wrestling."

He returned with a knife. What was his intention when he returned with a knife?

The laws need to be challenged and changed if that is all they can convict a person. That is what I am saying.

Why? If he returned with a knife and was just trying to make a scene and then was attacked, then he really showed no intent. You really want to take intent out of the legal system and label everything as murder?

[burn_this_city]

Thankfully DJ manslaughter will be deported after his sentence.

[JustAnotherGuy]

Originally Posted by rubecube

Why? If he returned with a knife and was just trying to make a scene and then was attacked, then he really showed no intent. You really want to take intent out of the legal system and label everything as murder?

So he was just standing there with the knife and got attacked? He returned to the scene with a knife to fight. He ended up using the knife in the fight and somebody got killed.

I am not saying it is murder or man-slaughter or what ever you want to call it. I am saying getting 8 years for what happened is not enough.

[puckluck]

Originally Posted by burn_this_city

Thankfully DJ manslaughter will be deported after his sentence.

In that case I think it's a great sentencing. The faster my tax dollars aren't paying for his meals and his improsenment the better.

[puckluck]

Originally Posted by T@T

Only if the real world was as black and white as apparently you think it is.

You know nothing about this case except a guy died from stab wounds.

What if the events of that night went down something like this:


In a scenario like that you would never get a murder conviction in just about every civilized country.

So without know any real facts you should just be quiet.

Yet you used the same unreal facts to form an opinion.

[rubecube]

Originally Posted by JustAnotherGuy

So he was just standing there with the knife and got attacked? He returned to the scene with a knife to fight. He ended up using the knife in the fight and somebody got killed.

I am not saying it is murder or man-slaughter or what ever you want to call it. I am saying getting 8 years for what happened is not enough.

You don't know that, and that's what has to be proven in order for a sentence to be longer. Like I said, you can't single out individual cases and apply different rules and sentences to them if you want to maintain a legitimate legal system.

[GGG]

Originally Posted by JustAnotherGuy

So he was just standing there with the knife and got attacked? He returned to the scene with a knife to fight. He ended up using the knife in the fight and somebody got killed.

I am not saying it is murder or man-slaughter or what ever you want to call it. I am saying getting 8 years for what happened is not enough.

Could the prosectution prove that he left and returned to get a knife? Was this known before he plead guilty or dead it come out in his admission to the crime as part of the plea?

Were the witnesses who saw him drunk or sober? Were they credible, were they willing to testify?

There are all kinds of questions that could be the reason for the plea deal. Also if he can be deported afterwards then the prosecuters made the absolute right call regardless of circumstance. Convict him of the lowest level of crime to ensure deportation, don't hold a trial to waste tax dollars, keep the sentance short to save tax dollars.

[valo403]

Originally Posted by puckluck

In that case I think it's a great sentencing. The faster my tax dollars aren't paying for his meals and his improsenment the better.

B-b-b-but you said you knew enough about this case to pass judgment. Now it comes out that you didn't even know this rather basic fact of the case. Is it possible that you actually didn't have a clue what you were talking about all along?

[Mean Mr. Mustard]

Originally Posted by valo403

B-b-b-but you said you knew enough about this case to pass judgment. Now it comes out that you didn't even know this rather basic fact of the case. Is it possible that you actually didn't have a clue what you were talking about all along?

It isn't official until the Calgary Sun reports it.

[moon]

Originally Posted by T@T

From the article it says Smith came at Nembhard with some sort of weapon first and then was stabbed during the tussle.

He came after Nembhard after the guy showed up with a knife. If anyone is defending themselves it would appear to be the guy attacked with a knife.

To blame the prosecutor on this is plain dumb, he has guidelines to follow set up by our justice system(could be better) and if this guy walked because a jury thought he was in self-defense the public would explode

.

I don't blame the prosecutor at all. If anything is at fault it is the system.

Personally I have no problem with this guy doing another 4.5 years,unless he learns to be a real criminal in jail I highly doubt he'll ever hurt someone again.

I don't know a guy who has a "nobody disses me without feeling pain" attitude seems like someone who is highly likely to injure or kill someone again.

P.S. In the real world people don't call the cops everytime someone threatens them,for one unless it's male against female the cops usually do nothing and for two males are full of testosterone and like to take care of there own problems and not look like a little wimp in front of there friends.

In the non-criminal world people don't go get knives to threaten the person who threatened them and then stab them multiple times.