October 26, 20169 yr I feel like there is almost no definitive way to say jose was driving it can only be guessed. I mean even if Jose was seen driving it you can't rule out the possibility of one of the other two taking the wheel when the crash happened.
October 26, 20169 yr Its being investigated as a homicide I wonder how it's determined what the case is investigated as because I don't see how homicide should be first choice here. How is this not an accident or manslaughter or something like that? I also don't think I'm just talking as a Marlins fan and someone who loved Jose but the clues to me don't add up to murder.
October 26, 20169 yr Pretty sure the boat was registered to him. It's going to be his fault. Unless something drastic comes up the blame will be put on him legally but I fail to see how they can conclusively say it was his fault.
October 26, 20169 yr I wonder how it's determined what the case is investigated as because I don't see how homicide should be first choice here. How is this not an accident or manslaughter or something like that? I also don't think I'm just talking as a Marlins fan and someone who loved Jose but the clues to me don't add up to murder. It is considered homicide because taking the wheel of a vehicle while impaired makes the driver negligent. An accident happens when no one is at fault, manslaughter happens when someone dies without it being because someone did something wrong, but perhaps it being preventable. Homicide happens when someone does something wrong, and someone else dies because of it. If Jose took the wheel of his boat while intoxicated, then he did something wrong, and someone else died because of it. The fact that he died as well does not change that.
October 26, 20169 yr The worst part is that all those guys were obviously drunk. If one of them wasn't and let any of the other take the wheel, then they'd be crazy
October 26, 20169 yr It is considered homicide because taking the wheel of a vehicle while impaired makes the driver negligent. An accident happens when no one is at fault, manslaughter happens when someone dies without it being because someone did something wrong, but perhaps it being preventable. Homicide happens when someone does something wrong, and someone else dies because of it. If Jose took the wheel of his boat while intoxicated, then he did something wrong, and someone else died because of it. The fact that he died as well does not change that. Ok thanks didn't know the details on that. What about intent? There doesn't need to be intent to harm in a homicide?
October 26, 20169 yr Ok thanks didn't know the details on that. What about intent? There doesn't need to be intent to harm in a homicide? Homicide just means that a person is killed by another person.
October 26, 20169 yr Ok thanks didn't know the details on that. What about intent? There doesn't need to be intent to harm in a homicide? No, judging malicious intent is when you get into degrees, like "first-degree murder" and so on.
October 26, 20169 yr Homicide just means that a person is killed by another person. Not necessarily, if I am playing baseball and hit a ball that hits off someone's head and kills them, I would not be tried for homicide, even though a person was killed by another.
October 26, 20169 yr Not necessarily, if I am playing baseball and hit a ball that hits off someone's head and kills them, I would not be tried for homicide, even though a person was killed by another. https://www.law.cornell.edu/wex/homicide "Homicide is when one human being causes the death of another" Another quirk in the English language! Also the last time I trust Cornell.
October 26, 20169 yr Nothing new but watch the media blow it up. I hope the community realizes they were doing nothing illegal. They made mistakes and their actions were reckless but hopefully no one uses this to paint the wrong picture. Look, this is obviously a tragedy and Jose deserves all of the love and praise he's getting. But at the same time, the facts seem to be clearly pointing to Jose being dangerously reckless and alive today if he did not make really dumb decisions. I don't think that's "painting the wrong picture." I think we need to be upfront about the role that bad decision making played in this. At the very least, it will be a cautionary tale to many of the kids who looked up to him.
October 26, 20169 yr The real picture is being painted, it sucks. Still extremely tragic and sad but an avoidable thing.
October 26, 20169 yr No, judging malicious intent is when you get into degrees, like "first-degree murder" and so on. Oh that's what I was thinking then. Thanks. I get it now.
October 26, 20169 yr Look, this is obviously a tragedy and Jose deserves all of the love and praise he's getting. But at the same time, the facts seem to be clearly pointing to Jose being dangerously reckless and alive today if he did not make really dumb decisions. I don't think that's "painting the wrong picture." I think we need to be upfront about the role that bad decision making played in this. At the very least, it will be a cautionary tale to many of the kids who looked up to him. I agree. I meant idiots that will turn and say Jose was a horrible person who deserves nothing because of his actions that night. People like that.
October 26, 20169 yr I felt from day one that this would be a situation that came out of youthful stupidity and mistakes so I'm not surprised. I'd be more shocked if it wasn't related to alcohol speed and reckless behavior. But I never let that cloud my vision of who Jose was.
October 26, 20169 yr As far as being guilty, Jose can be found guilty just because the boat was registered in his name. Assume all three are intoxicated and Jose allows someone else to pilot the boat. Since he owns the boat and ALLOWED someone else to pilot while intoxicated and VERY LITTLE experience would also make him culpable. If he didn't pilot I don't know how much difference it would matter in a civil suit. It may to the estate of who was piloting, but Jose has/had some $ so his estate is going to be sued. Any lawyer here know whether they can take his mother's house also because Jose bought it? But I believe it is just in her name.
October 26, 20169 yr Pretty sure the boat was registered to him. It's going to be his fault. Shame Jose didn't have like....millions of more dollars so that after the settlements are done his family could have had money. Thank Scott Boras advice and Jose for not taking a contract buying some pf the arbitration m years. The money was there
October 27, 20169 yr So because the boat was registered to him and he got on it drunk it makes him liable for the deaths? Don't really see how that would hold up in front of a judge. Then again US law is usually pretty screwed up on these things
October 27, 20169 yr First, insurance would pay out. Then they would go after the estate. If any of you fucks were to fall in my house because you're retarded, you could sue my insurance and they'd settle. May I fall in your house?
October 27, 20169 yr You can fall over my counter and take it from behind. No homo. OK, whatever, as long as I can settle with your insurance for a cool million.
October 27, 20169 yr I agree. I meant idiots that will turn and say Jose was a horrible person who deserves nothing because of his actions that night. People like that. He's not a horrible person because of this and his legacy should be honored, but I think it's ok to cast judgment on his bad decision making.
October 27, 20169 yr I felt from day one that this would be a situation that came out of youthful stupidity and mistakes so I'm not surprised. I'd be more shocked if it wasn't related to alcohol speed and reckless behavior. But I never let that cloud my vision of who Jose was. I would say it's more than just youthful stupidity. Marcell Ozuna knew better than going out on that boat and he's only 2 years older, if that.
October 27, 20169 yr I would say it's more than just youthful stupidity. Marcell Ozuna knew better than going out on that boat and he's only 2 years older, if that. He didn't go because he has a wife and kids, plus he was playing the next day. Otherwise it sounded like he would've gone. Yelich actually agreed to go to the restaurant but got sidetracked and didn't make it.
October 27, 20169 yr He didn't go because he has a wife and kids, plus he was playing the next day. Otherwise it sounded like he would've gone. Yelich actually agreed to go to the restaurant but got sidetracked and didn't make it. Ok, fair enough. I still feel like most youths know not to mix alcohol and boating at 3 am, though. Is Yelich saying that he might have actually gone out on the boat?
October 27, 20169 yr Why can't the media just leave it alone and honor the dead people? This info is strictly only should be revealed to the families.
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