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Showing that there is interest in the case by a group of people similar to the victim is a form of protest.
If a judge or a DA may think twice about being absurdly lenient if they know that the public is paying attention. The defense may be more willing to give a guilty plea if they see public opinion solidly against them and they are lacking mitigation.
-lots of tough-guy talk 'round here, where was everyone last summer when Laura Reale was sentenced? protests/protesters mean shit in grand scheme of things, regardless of the subject matter. sucks that someone ALMOST died because of the actions of a foolish teenager but in the case linked below, someone did die. 19 infractions and her 20th actually killed someone. pick yer' battles...
http://www.projo.com/news/content/RE...1.207a193.html
I'm sorry but I'm with gratuitous violence on this one. If someone ever decided to wipe out one of my friends who was riding simply because they didn't want to be passed, i'd be the first person hunting the asshole in the car down and showing them what face to pavement felt like.
Violence may not be condoned but why do you think there are so many shithead teenagers these days - sometimes it takes an asswhooping to get your head on straight.
If we can raise $1000's of dollars for dogs in Afghanistan on here I'm pretty sure we should be able to organize something to get that kid out from behind the wheel of a vehicle.
what a punk![]()
Gino
HAWK GT Racer Expert #929
2012 CCS LRRS ULSB Champion
2012 CCS LRRS P89 Champion
2008 CCS ULSB National Champion
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I will end my self-imposed exile for the limited purpose of addressing this issue, because regardless of whatever you think about me this is some serious fucking shit and it needs to be seriously fucking addressed.
I will be at this punk's hearing with cameras blazing.
**********
Protesting the fact that the motherfucker should have been charged with First Degree Assault. NH has wonky rules on Attempted Murder/Manslaughter there isn't any.
But to charge him with Second Degree Assault is bullshit, I had posted this at ADV Rider and we are calling and emailing the Governor and the DA.
http://www.advrider.com/forums/showthread.php?t=687796
[/QUOTE]
So while the Governor doesn't actually know how to ride a motorcycle at least he can show us some respect, I am calling now.
And don't just call the Guvnah call DA Dennis Mannion I'm about to hit him up now.
603.635-2411
dmannion@pelhampolice.com
http://www.gencourt.state.nh.us/rsa/.../631/631-1.htm
631:1 First Degree Assault. –
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g;
....I mean bang lead pipe cinch it's right there all the way......
My email to DA Mannion:
Christopher King to dmannion
show details 9:56 AM (0 minutes ago)
Dear Attorney Mannion:
We at ADVrider wholeheartedly concur with your statement that Mr. Eller exhibited a severe case of road rage and we hope that you prosecute him to the fullest extent of the law, including community service in a trauma unit.
However we are very concerned that he was not charged with First Degree Assault. Most of us believe that Attempted Manslaughter would have been a good place to start if NH carried such statute, but as it does not we would settle for First Degree Assault as the elements are clearly all there. Mr. Eller is cognitively aware that he is driving a 3,000-3,400 lb automobile against a 5-600 lb motorcycle with an exposed rider. He is charged with constructive knowledge that serious bodily harm will ensue, and he admitted that he willfully committed his actions.
http://www.gencourt.state.nh.us/rsa/.../631/631-1.htm
631:1 First Degree Assault. –
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g;
We need to send a strong deterrent and punitive message with this case, and I know that motorcycle boards all over the country will be watching and I will be at his hearings running courtroom video.
Please advise.
Respectfully submitted,
--
Christopher King, J.D.
http://KingCast.net -- Reel News for Real People
617.543.8085m
********
UPDATE: Mannion is very nice, he took the concerns to heart and explained that the PC hearing he believes is 23 May at Salem District Court. At that point it may go up to the County Attorney, Dennis Hogan, whose son has his own share of problems:
http://christopher-king.blogspot.com...-to-judge.html
It's wild because if it goes upstairs to Hillsborough the County Attorney has a son who
1. publicly streaked down a football field
2. is up on felony assault charges against his GF.
At any rate I would encourage those of us in the area to show up if you can, Mannion is double-checking the date and time for me and I will in turn update you.
Last edited by KingCast 650R; 05-16-11 at 09:19 AM.
....couldnt stay away could ya...
I'm of the school that you can't fix stupid and this kid was plain stupid.
Having said that, it's a great opportunity to use this case as an example and to beef up the laws protecting all motorists from Road Rage.
And, while we're at it, how 'bout enforcing laws on those who CREATE road rage. Let he among you who has never experienced the red mist as a result of:
...left lane slow pokes
...two lane crosses with no signals
...traveling below the speed limit on two lane roads (any road for that matter)
...tailgaters
...add your own
cast the first stone.
"A man who views the world the same at 50 as he did at 20 has wasted 30 years of his life.”
Muhammad Ali.
Like I say, when something like this comes up it HOPEFULLY transcends the contempt from at least some of you. Otherwise I am perfectly content on my other motorcycle fora
So those of you who may show up for the PC hearing which I was told is on for the 23rd, you can either ignore me, comment for the record for my movie and join me for lunch, but just don't try to fuck me with a cactus or I will have to get a propane torch and a pair of pliers and get medieval on your ass.
http://christopher-king.blogspot.com...gh-county.html
16 MAY 2011
KingCast implores Hillsborough County Attorney Dennis Hogan to do the right thing in Cody Eller road rage motorcycle case: Prosecute him for First Degree Assault.
Dear Attorney Hogan:
I work hard for motorcycle rights, as noted in Boston last year, working with others to gain parking spaces that serve the Greater Good.
We have agreed on most legal matters with rare exception -- notably your apparent support for Joe Arpaio and the pending First Amendment case of KingCast v. Kelly Ayotte et al, 2010-CV-501 in which you are a named Defendant, in which you didn't care that your Republican Communications Chair Di Lothrop struck my camera with her GOP Flyer.
But this is another matter and the facts and statute are clear as I communicated with Prosecutor Mannion this morning. It is thoroughly unbelievable. 24 years ago a guy accidentally cut me off on my Yamaha RD350, I went over the car and luckily landed with only a sprained wrist. The guy was a rider himself, practically in tears and immediately paid for a new bike and we became friends, went out for a beer. Cody Eller is Not That Guy. He is a menace to society and must be treated as such. I hope it turns out that your son Austin is not guilty of similar conduct, time will tell.
Folks at Triumph boards in Europe and ADVrider here and many others will be watching and waiting somewhat patiently for Justice, some are calling on Governor Lynch.
Christopher King to dmannion
show details 9:56 AM (0 minutes ago)
Dear Attorney Mannion:
We at ADVrider wholeheartedly concur with your statement that Mr. Eller exhibited a severe case of road rage and we hope that you prosecute him to the fullest extent of the law, including community service in a trauma unit.
However we are very concerned that he was not charged with First Degree Assault. Most of us believe that Attempted Manslaughter would have been a good place to start if NH carried such statute, but as it does not we would settle for First Degree Assault as the elements are clearly all there. Mr. Eller is cognitively aware that he is driving a 3,000-3,400 lb automobile against a 5-600 lb motorcycle with an exposed rider. He is charged with constructive knowledge that serious bodily harm will ensue, and he admitted that he willfully committed his actions.
http://www.gencourt.state.nh.us/rsa/.../631/631-1.htm
631:1 First Degree Assault. –
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g;
We need to send a strong deterrent and punitive message with this case, and I know that motorcycle boards all over the country will be watching and I will be at his hearings running courtroom video.
Please advise.
Respectfully submitted,
--
Christopher King, J.D.
http://KingCast.net -- Reel News for Real People
617.543.8085m
Dennis Mannion to me
show details 10:54 AM (26 minutes ago)
Hi,
The probable cause date is May 23, 2011.
Master Patrolman Dennis J. Mannion
Police Prosecutor
Pelham Police Department
14 Village Green
Pelham,NH 03076
603-635-2411
www.pelhampolice.com
Last edited by KingCast 650R; 05-16-11 at 10:22 AM.
You know, I appreciate the info on the hearing and the attempt to do something about it.
Your communication skills leave something to be desired though. Bringing attention to a past history with Hogan and dragging his son into it hardly seems like a good way to get to take this seriously. Anything constructive you may have to say is effectively negated by that simple statement since he's pretty much going to focus on that.
Something to think about, it just might help you when dealing with people in the future; both on a forum and in the real world.
Last edited by e30addict; 05-16-11 at 10:28 AM.
2012 Tiger 800 XC
If you see red when you witness bad drivers then you're part of the problem.
The left lane is a passing lane. If someone is passing, it doesn't matter if you want to go faster than them, you wait.
People are allowed to drive below the speed limit. It's a speed LIMIT.
Motorcycles are the worst offenders for tailgating people driving below, at, and above the speed limit, as well as passing on double yellows and in no passing zones. They're also the ones seeing red when people are driving in accordance with traffic laws, but impeding their ability to speed down a twisty road and fist their throttle.
It's all water under the bridge, and we do enter the next round-robin. Am I wrong?
I agree I am PART of the problem. And if you don't think that we should enforce other laws against bad drivers then I am nominating you for sainthood....
Ok...you can throw the first stone. And, consider yourself really fortunate that you've never encountered anyone in the left lane driving less than the speed limit...
Last edited by DucDave; 05-16-11 at 11:07 AM.
"A man who views the world the same at 50 as he did at 20 has wasted 30 years of his life.”
Muhammad Ali.
bergs dislike does not obey thread lines! haha
This kid is a douche. I hope he gets a harsh penalty but he probably wont.
As an avid cyclist, I read quite often of riders killed by motorists who were on the phone, or otherwise unattentive at the time. Most of these motorists dont go to jail, hell, most dont even lose their licenses. If killing someone on a bike isnt worth losing your license, I doubt injuring someone on their motorcycle is. The law is fucked. Vehicular injuries of this type seem to rarely land the offender in much hot water. sucks.
Don't Fake the funk on a nasty dunk.
NEW STREET/TRACK: 2007.5 Aprilia Tuono
STREET/TRACK: '08 CBR600RR (SOLD)
'07 VFR800 (SOLD)
A very close friend of mine was killed on his motorcycle by a driver of a vehicle that took a left and hit him killing him instantly.
The driver admitted, and it was in the police report, that he saw him but he thought he could 'beat' him.
The driver is...... get this.....a drivers education teacher!
After the hearing, he did not lose his license to teach, he did not lose his own license, he did not pay a fine....
This guy is teaching our youth how to safely drive a car even though he killed someone.
The system is fucked....period.
Really. That doesn't bother me. And if someone comes up on me I always let 'em by. Courtesy goes a long way in my book. And in spite of the accuracy of the comments of those who are above the fray, left lane hogs who are not passing but simply occupying space should be prosecuted. It's a PASSING lane..not a TRAVEL lane...
Further more, there is a sound arguement to be made that speed LIMITS are often set unreasonably low AND that traveling the speed limit on most interstates is far more dangerous than traveling at the rate of traffic...
But, you can never be busted for obeying the law...no matter how stupid or dangerous...
"A man who views the world the same at 50 as he did at 20 has wasted 30 years of his life.”
Muhammad Ali.
You are missing the crucial difference in this case between negligence and inattentiveness and INTENTION to strike.
The brat admitted it.
It's called mens rea, google it.
Guvnah's office called me back at 3:30, I informed them that we are hopeful that a public statement be issued. I alone cannot do this, the press secretary hates me because I criticized the Guvnah for refusing to meet with the town of Franconia, which made its concerns duly noted on another matter such that a certain officer will not have a road named after him.
C
* governor
If you are going to throw around legal jargon by all means knock yourself out but saying "Guvnah" just makes you look like a tool!
I alone cannot do this, the press secretary hates me because I criticized the Guvnah for refusing to meet with the town of Franconia, which made its concerns duly noted on another matter such that a certain officer will not have a road named after him.
C[/QUOTE]
your writing makes my head hurt.