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Adarius Hayes Charged in Deadly Crash

AtlAtty said:
It will almost assuredly be a plea in the end. I honestly don’t know what kind of defense Hayes and his team could raise.
The car will provide proof of his speed and witnesses will provide evidence of the reckless manner of driving in addition to the speed.

In Georgia each count of vehicular homicide carries a potential sentence of 15 years.
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he will certainly plea but he is going for 15-20yrs
 
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hoops156 said:
when they bring these level of charges, theyre pretty **** sure with the investigation that what theyre reporting to the media is correct esp since this isnt a small county that isnt capable of proving a. possible overcharge. pinellas SAO can handle this. also very unlikely this even goes to trial too as he likely pleads out for a lesser sentence

he was doubled the limit at the time of the crash and driving recklessly with a history street racing and speeding. hes ****ed.
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royally ****ed
 
Rellyrell said:
So several things after slowly reading article posted in the OP:

1. Saw he was charged w vehicular homicide & not manslaughter. These r clearly two different set of parameters, & based upon discovery, it’s clear y.
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I can shed some light on this, 15 years of practicing criminal law in Florida, 5 as a prosecutor 10 as a defense attorney

No such thing in Florida as Vehicular manslaughter. It's strictly recognize as a "Vhom" as we call it, but essentially its the same thing as manslaughter.

If this was an intent issue, IE the state could prove that he actually intended to kill these people using his car, then it would be charged as murder.

This is the exact language of the Statute "782.071 Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another."
 
dolemite79 said:
I can shed some light on this, 15 years of practicing criminal law in Florida, 5 as a prosecutor 10 as a defense attorney

No such thing in Florida as Vehicular manslaughter. It's strictly recognize as a "Vhom" as we call it, but essentially its the same thing as manslaughter.

If this was an intent issue, IE the state could prove that he actually intended to kill these people using his car, then it would be charged as murder.

This is the exact language of the Statute "782.071 Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another."
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Thank u for that; this is y I wish certain traffic laws wouldn’t vary from state to state. I remember my 1st time seeing a DUI incident on a MVR from Alabama; told the insured we couldn’t help him due to underwriting guidelines b/c he didn’t qualify w that DUI. He said it’s off, it’s been more than 5 yrs. I said in Cali, it’s 10 yrs.

Long story short, our UDW made an exception since the DUI occurred in a different state. Wouldn’t u know bro got busted for a DUI 2 yrs after I wrote his policy? Lol. But appreciate that explanation & break down; totally different in CA.
 
Essex Cane said:
Bro he was flying up the street like an idiot. Them lil *** kids would prob still have the same result at that impact. If he drove with common sense none of this occurs. Sad situation for all involved, but it is his fault.
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I’m not blaming the kids, but being ejected is extremely unlikely if buckled in and utilizing car seats
 
Rellyrell said:
Thank u for that; this is y I wish certain traffic laws wouldn’t vary from state to state. I remember my 1st time seeing a DUI incident on a MVR from Alabama; told the insured we couldn’t help him due to underwriting guidelines b/c he didn’t qualify w that DUI. He said it’s off, it’s been more than 5 yrs. I said in Cali, it’s 10 yrs.

Long story short, our UDW made an exception since the DUI occurred in a different state. Wouldn’t u know bro got busted for a DUI 2 yrs after I wrote his policy? Lol. But appreciate that explanation & break down; totally different in CA.
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It would drive you equally crazy to know that when the person is DUI and a death occurs we call it Dui Manslaughter lol. I'm currently defending one right now.
 
dolemite79 said:
It would drive you equally crazy to know that when the person is DUI and a death occurs we call it Dui Manslaughter lol. I'm currently defending one right now.
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Holy…Wowzers!!!

That’s absolutely mind boggling. Does it, at least, hold the same penalty as a Vhom if convicted?
 
Rellyrell said:
Holy…Wowzers!!!

That’s absolutely mind boggling. Does it, at least, hold the same penalty as a Vhom if convicted?
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Generally speaking DUI manslaughter has tougher penalties because it has a 4 year min/man attached to it whereas vhom does not have the min/man. Leaving the scene of an accident with death also carries a 4 year min/man

It's a more nuanced conversation because there are a ton of factors esp with the sentencing component, but generally speaking DUI manslaughter gets punished more severely than vhom because using alcohol or other controlled substance is a significant aggravator.

Either one you are looking at getting wacked for atleast 10 years.

Alot depends on the specific facts of the case, your past etc
 
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Calinative said:
I think 15yrs probably would be unlikely, but we’ll see. Some factors Id assume his lawyer would use in his defense are the kids reportedly weren’t buckled in. But who knows if that was misreported or not. If they are saying this was an 80mph side impact they could have still been ejected while buckled. But like his defense would say two deaths were caused by them not wearing seatbelts. And of course someone making a left turn doesn’t have right of way. That Plus the driver of the opposite vehicle being almost 80, and they’ll probably argue that that person made a big mistake regardless the speed Hayes was traveling. And of course I assume this is Hayes’ first felony (but apparently not first speeding ticket), and he wasn’t under the influence or anything. Didn’t try to flea…

But ultimately he’s an adult operating a deadly weapon and showed basically zero care for how he’d harm others, and his actions actually were very predictable they’d harm others….When you think about it why would that be any different than like going to a gun range and being careless with a gun that resulted in killing 3 people?

I don’t think he’ll get more than like 6 years in a plea deal. But he probably SHOULD get like minimum 25 years in an actual trial…
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You think hes going to prison ? It was a accident
 
MedleyCane said:
Regarding Hayes, I think he should time to reflect on what he did but 25 years is a bit excessive, IMO. Those sort of sentences should be given to hardened criminals, not hardened cretins who make stupid mistakes.
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Easy to say if its not you who had your 2 kids and mom taken from you... Just saying. 25 years is a lot of time. but is it really? That's like 140 years of potential life you just removed...
 
The affadavit filed with the court is on line and says all we need to know. I posted a link 8 hrs ago on this thread. He is toast. It's on video from a 360 degree camera on a FedEx truck that he blew by. Dude is getting 15 min. Search Pinellas clerk, records public view, and enter his name. Toast.
 
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dolemite79 said:
I can shed some light on this, 15 years of practicing criminal law in Florida, 5 as a prosecutor 10 as a defense attorney

No such thing in Florida as Vehicular manslaughter. It's strictly recognize as a "Vhom" as we call it, but essentially its the same thing as manslaughter.

If this was an intent issue, IE the state could prove that he actually intended to kill these people using his car, then it would be charged as murder.

This is the exact language of the Statute "782.071 Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another."
Click to expand...

Is the punishment 15 years per count?

What % of his sentence is he likely to serve before he paroles out?
 
dolemite79 said:
Generally speaking DUI manslaughter has tougher penalties because it has a 4 year min/man attached to it whereas vhom does not have the min/man. Leaving the scene of an accident with death also carries a 4 year min/man

It's a more nuanced conversation because there are a ton of factors esp with the sentencing component, but generally speaking DUI manslaughter gets punished more severely than vhom because using alcohol or other controlled substance is a significant aggravator.

Either one you are looking at getting wacked for atleast 10 years.

Alot depends on the specific facts of the case, your past etc
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Cant remember where it was, maybe it was some south korean story or some ****, but the idea was that if you were truly drunk/intoxicated they viewed it as not being in full control so they actually would punish you less severely because the idea is that you weren't yourself. Kinda like a temporary insanity type thing....

but all that does is mean if you kill someone while driving you should flea and go get absolutely ****faced immediately. Then they won't be able to prove you were not drunk during the accident, and thus you wont be punished as hard... Which would be an absolutely ****ed thing to essentially incentivize.

It should always be more severe punishment for that while under influence imo...
 
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AtlAtty said:
I


Is the punishment 15 years per count?

What % of his sentence is he likely to serve before he paroles out?
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as a second degree felony its a maximum of 15 years per count, if the state can prove he failed to remain and render aid it can be enhanced to a 1st 30- ie a 1st degree felony punishable by up to 30 years per count.

But assuming it stay as a 2nd his maximum exposure is 50 years total assuming the counts are run consecutively instead of concurrently, so basically its 3 counts of vhom one count reckless driving sbi(this is a 3rd degree) so its 15+15+15+5 as his maximum.

His guidelines are going to be nasty, i did a rough and dirty calculation of his scoresheet, he's going to score 40.9 years in prison at the bottom of his score sheet.

Because its a non min man case he would serve 85% before being eligible to get out

Now im not saying he'll get that much time but hes in rough shape.
 
Calinative said:
Cant remember where it was, maybe it was some south korean story or some ****, but the idea was that if you were truly drunk/intoxicated they viewed it as not being in full control so they actually would punish you less severely because the idea is that you weren't yourself. Kinda like a temporary insanity type thing....

but all that does is mean if you kill someone while driving you should flea and go get absolutely ****faced immediately. Then they won't be able to prove you were not drunk during the accident, and thus you wont be punished as hard... Which would be an absolutely ****ed thing to essentially incentivize.

It should always be more severe punishment for that while under influence imo...
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There are ways of proving exactly what your intoxication level was at a specific time, google the John goodman case in palm beach, this was their defense. He argued that he got drunk after the crash and he drank to kill the pain of the accident. His allstar team lost that argument 3 times lol.

But generally speaking voluntary intoxication is not a defense in florida.
 
dolemite79 said:
Generally speaking DUI manslaughter has tougher penalties because it has a 4 year min/man attached to it whereas vhom does not have the min/man. Leaving the scene of an accident with death also carries a 4 year min/man

It's a more nuanced conversation because there are a ton of factors esp with the sentencing component, but generally speaking DUI manslaughter gets punished more severely than vhom because using alcohol or other controlled substance is a significant aggravator.

Either one you are looking at getting wacked for atleast 10 years.

Alot depends on the specific facts of the case, your past etc
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Slightly OT, but I remember Donte Stallworth involved in one of these as a kid and he received a very lenient sentence. Is that common?
 
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