View Full Version : Was this a good shoot?
http://www.wsbtv.com/news/news/local/gwinnett-co-man-pleads-guilty-driveway-shooting/nh8r5/
Man was going to pick up a friend, but turned into the wrong driveway.
Homeowner comes out of the house, shoots once into the air then shoots the man in the head.
Homeowner pleads to involuntary manslaughter, will pay a $500 fine and served 12 months probation, but no jail time.
I'm not sure what to think about this. But I feel that the circumstances shouldn't warrant that level of self defense. People pull into driveways all the time, often to turn around.
What a bucket of fail.
Who has a lead on these exploding bullets? Best stocking-stuffer of x-mas 2014, right there.
MountainRaven
11-21-14, 01:47
I hope he had a hell of a defense attorney.
Otherwise I feel that the prosecutor should be disbarred, the judge dismissed from public service and - if the judge was also a licensed attorney - disbarred, as well. For malpractice. Hopefully the vic's family has a good lawyer and can sue the perp into permanent poverty.
WTF?!?
I can see coming out prepared to protect yourself as you investigate. BUT...no property damage, no theft or attempted theft, no threats and really no "broken barrier" trespass of any kind. Hope the Domino's pizza guy never gets lost on that block.
Even worse, seems the guy was 100% ok and his family is being amazingly decent about it. They don't feel the guy should be put in jail over a mistake. I don't think I'd be that forgiving or generous.
I seriously have to wonder what Sailors believed he had to guard against or what he was protecting. He seems to be the actual problem and probably should NOT have a gun or be out free in public unless he can demonstrate a damn good reason why he felt he was in imminent threat of significant injury or death because I just don't see it so far.
Even if we accept "warning shots" for a moment and assume the warning shot did not pose a risk to neighbors (which is NOT the case in this instance), I don't even think this situation warrants a warning shot as no threat was made to the homeowner. At best it warrants a "Get the F out of my driveway" and that's about it.
That this got knocked down to a misdemeanor involuntary manslaughter and spared the homeowner any jail time is amazing. Guys in legit self defense situations have taken serious jail time for a LOT less and for situations where they actually were in a serious defensive situation.
Hopefully the vic's family has a good lawyer and can sue the perp into permanent poverty.
Doesn't sound like they are interested in any of that. They don't even want to see the shooter serve time.
"They are not in a position where they want to have Mr. Sailors sent to prison for the rest of his life,” Porter said in court. “They are in a position where it is most important to them, that the public understand that Mr. Diaz, who was driving the car, was not committing any crime. (He) was not engaged in any unlawful activity, was not engaged in anything even improper."
After the hearing, Diaz’s father, Rodrigo Diaz Senior. told Kavanaugh that Sailors could have received a stronger punishment, but he believed that would only end up destroying two families.
His eldest son, David, agreed.
"There is no point for him to be in lifetime in prison. What we get from that? Nothing,” said David Diaz.
No jail time? Sounds like somebody got paid nicely.
Moose-Knuckle
11-21-14, 03:06
Sounds like the homeowner is a senile geriatric who is a threat to the community at large and should have been put away for deliberate homicide. People get bent around the axle about George Zimmerman and Darren Wilson but his guy gets to walk?
Leaveammoforme
11-21-14, 03:29
Interesting bad shoot. The family of the deceased showed so much restraint. I would like to think it is from compassion for idiots, taking the high road and forgiveness. I would not react the same. However it appears from the article that ulterior motives are in the works (received settlement, a child still in Mexico).
So a guy ,who flipped the switch fast enough to shoot someone nosing into his driveway, still has rights he shouldn't.
ThirdWatcher
11-21-14, 03:57
Some people have no respect for life. Sad.
Shoot. I fire warning shots at cars that drive down my street. It's prudent!
Eurodriver
11-21-14, 07:05
Sounds like the homeowner is a senile geriatric who is a threat to the community at large and should have been put away for deliberate homicide. People get bent around the axle about George Zimmerman and Darren Wilson but his guy gets to walk?
Exactly.
Not even slightly exaggerating - given the tone of many threads here I feel there are similar old farts among us.
Let me guess...a 90 year old Grandpa who can't hear with diabetes...he gets a freebie because he'd be too expensive to take care of in the prison system. Also must be why the vic's family isn't pressing for a more stringent sentence...
I'm going to go WAYYYY out on a limb here and GUESS that the victim was not a Black man.
Let me guess...a 90 year old Grandpa who can't hear with diabetes...he gets a freebie because he'd be too expensive to take care of in the prison system. Also must be why the vic's family isn't pressing for a more stringent sentence...
I can virtually guarantee this is what happened. In all crimes where there is a victim, the DA is supposed to strongly consider the wishes of the victim, or in this case the victims family. Often, a plea deal is not granted until the victim has been contacted. Now sometimes the DA doesn't go for what the victim wants (especially in some cases of DV).
Here, it sounds like the victim's family stressed non-punishment (who knows why), and the plea bargain is a result of that.
Eurodriver
11-21-14, 09:08
I'm going to go WAYYYY out on a limb here and GUESS that the victim was not a Black man.
With relatives named "Diaz" having kids still in Mexico, it's doubtful.
With relatives named "Diaz" having kids still in Mexico, it's doubtful.
I thought they were from Columbia. Either way, I'm curious if they're all here legally, which may be their motive for not pushing the issue further.
MountainRaven
11-21-14, 09:21
Doesn't sound like they are interested in any of that. They don't even want to see the shooter serve time.
"They are not in a position where they want to have Mr. Sailors sent to prison for the rest of his life,” Porter said in court. “They are in a position where it is most important to them, that the public understand that Mr. Diaz, who was driving the car, was not committing any crime. (He) was not engaged in any unlawful activity, was not engaged in anything even improper."
After the hearing, Diaz’s father, Rodrigo Diaz Senior. told Kavanaugh that Sailors could have received a stronger punishment, but he believed that would only end up destroying two families.
His eldest son, David, agreed.
"There is no point for him to be in lifetime in prison. What we get from that? Nothing,” said David Diaz.
How very Christian of them.
I, unfortunately, am cut from more pagan cloth.
I'm sure there was a huge civil settlement, which may be why the family isn't pressing the issue in criminal court.
I'm sure there was a huge civil settlement, which may be why the family isn't pressing the issue in criminal court.
The video attached to that article indicated they've already settled.
Eurodriver
11-21-14, 09:41
The video attached to that article indicated they've already settled.
Well, that kind of makes the situation a bit different.
Hey, sorry our crazy grandpa killed your relative. Here's $150,000 (guess) Don't pursue criminal charges. Deal?
Deal.
Who are the real scumbags? The people who offered the money or the people who took it?
SomeOtherGuy
11-21-14, 10:15
I'm going to go WAYYYY out on a limb here and GUESS that the victim was not a Black man.
Click the link in post #1. The victim is obviously a "white hispanic", much like the famous Floridian. From this case and that one I can gather that here in the USA a "white hispanic" is deemed unworthy of anything, whether he is victim, self-defending not-a-victim, or possible aggressor.
Seriously, I can't make this stuff up.
From the article:
Investigators say GPS misguided Rodrigo Diaz to the wrong house that night. Diaz was trying to get to the home across the street so he could pick up a friend to go roller-skating. When Sailors saw the strange car, he came out shooting. He fired once into the air. Investigators say the second shot went through the window and struck Diaz in the head.
With his guilty plea Sailors will serve 12-months’ probation and pay a $500 fine.
If the facts are as described, this must be the most blatantly unjustified and illegal shooting short of a gangland-style drive by. The plea stinks horribly. I would bet on both political connections and a cash payoff.
skijunkie55
11-21-14, 11:00
If the facts are as described, this must be the most blatantly unjustified and illegal shooting short of a gangland-style drive by. The plea stinks horribly. I would bet on both political connections and a cash payoff.
Yep. Right from the article...
As we first reported in May, the Diaz family sued Phillip Sailors citing he acted negligently.
Attorneys say there was a settlement in which the family received an undisclosed amount of money.
Sailors did not want to comment after the hearing. He was surrounded by friends and family who came to the hearing as a show of support.
FromMyColdDeadHand
11-21-14, 11:18
I don't give a crap if the victims family wants to adopt the shooter, I want the shooter in jail and away from any chance of him injuring someone else. The shooter is a human dog that attacks anything that comes into the yard.
I don't give a crap if the victims family wants to adopt the shooter, I want the shooter in jail and away from any chance of him injuring someone else. The shooter is a human dog that attacks anything that comes into the yard.
If I was in the DAs position, I would agree with you. There is no way in hell I would have let some lunatic like that be out and about. I could care less what the victim's family wants in that place, its an issue of protecting the public.
SomeOtherGuy
11-21-14, 11:33
If I was in the DAs position, I would agree with you. There is no way in hell I would have let some lunatic like that be out and about. I could care less what the victim's family wants in that place, its an issue of protecting the public.
For a criminal that old, anything over 12 months is probably a life sentence. But unprovoked murder usually gets at least a life sentence, so I don't think that's out of line. Even with a cash settlement I suspect the guy is politically connected, or something else unusual is going on. Maybe it's not as simple as the media story has it.
For a criminal that old, anything over 12 months is probably a life sentence. But unprovoked murder usually gets at least a life sentence, so I don't think that's out of line. Even with a cash settlement I suspect the guy is politically connected, or something else unusual is going on. Maybe it's not as simple as the media story has it.
Exactly. Which is why I tend reserve judgment on these things. But if it is the same as the media reports it, then it is pretty bizarre that he would get a misdemeanor. Usually that kind of stuff happens when there is a problem with the case itself.
Interesting bad shoot. The family of the deceased showed so much restraint. I would like to think it is from compassion for idiots, taking the high road and forgiveness. I would not react the same. However it appears from the article that ulterior motives are in the works (received settlement, a child still in Mexico).
So a guy ,who flipped the switch fast enough to shoot someone nosing into his driveway, still has rights he shouldn't.
I am SURE they are trying to get something out of a bad situation, and I think it is well known I'm hardly an advocate for illegals. But I'm guessing this isn't all just about cutting a deal for money and a kid. In all likelihood Obama will amnesty everyone anyhow.
The family actually sounds like decent people.
SomeOtherGuy
11-21-14, 13:57
The homeowner in question.
http://media.cmgdigital.com/shared/img/photos/2013/01/28/46/13/photo.JPG
Nope, that's the murder victim, Rodrigo Diaz, age 23.
The murderer's photo is below his on the page ( http://www.wsbtv.com/news/news/local/gwinnett-co-man-pleads-guilty-driveway-shooting/nh8r5/) and he looks like an ordinary older white male.
Moose-Knuckle
11-21-14, 16:47
The homeowner in question.
http://media.cmgdigital.com/shared/img/photos/2013/01/28/46/13/photo.JPG
That is the victim, here is the home owner/shooter/batshit crazy old fart . . .
http://i10.photobucket.com/albums/a144/AKS-74/oldfartkiller_zpsbc4d90a1.jpg (http://s10.photobucket.com/user/AKS-74/media/oldfartkiller_zpsbc4d90a1.jpg.html)
WickedWillis
11-21-14, 17:23
The guy deserves to be in prison.
Nope, that's the murder victim, Rodrigo Diaz, age 23.
The murderer's photo is below his on the page ( http://www.wsbtv.com/news/news/local/gwinnett-co-man-pleads-guilty-driveway-shooting/nh8r5/) and he looks like an ordinary older white male.
Well CRAP, I read that wrong.
Ok, here is the homeowner.
http://media.cmgdigital.com/shared/img/photos/2013/01/28/31/5a/ShootingHillcrest.jpg
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