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Rueben Bain Draft Prospects

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too much pearl clutching in this thread.

The question I haven’t seen asked is: how did the woman die but Reuben, nyjalik kelly and Wesley bissainthe all escaped without major injury?
 
As a disclaimer I don’t know any details abotut his case besides what has been reported here. But I have defended many vehicular homicide cases, felony and misdemeanor. And the fact that Bain was never charged with VH means he was never criminally responsible for the death.

VH requires an underlying crime, which is what distinguishes a criminal case from a true accident. In Georgia for the charge of VH, the driver is typically DUI and/or Reckless driving. If a person is involved in an accident resulting in death and not charged with VH, that 100% tells that that person had no criminal responsibility for the accident.

An example from my own career was when a car was broken down at the middle of I-20 at night with electrical issues so it has no lights or hazards or anything to warn other drives that it was broken down on the highway. A second car did not notice the first car, hit the first car resulting in the death of a passenger in the second car. But because the driver of the 2nd car was not DUI and not driving recklessly, he was never charged with VH. However Florida defines “careless driving” it is clearly insufficient to upgrade this tragedy from an accident to a criminal charge. This story needs to end.

One last thing. The guy driving the second car in the example I provided above is forever haunted by the death to his friend despite the fact that he was not criminally responsible. I guarantee that Bain thinks about this young lady all the time and is himself suffering from her death. Not only is this “reporting” callous to the family of the deceased, it is callous towards Bain. Only an absolute loser would present this information in the manner in which it was presented.
 
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ben said:
too much pearl clutching in this thread.

The question I haven’t seen asked is: how did the woman die but Reuben, nyjalik kelly and Wesley bissainthe all escaped without major injury?
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Crashes can be very weird and random.

My childhood best friend fell asleep at the wheel and crashed through a fence. Not a single broken bone. Not a single scratch or bruise on him.

Died on impact.
 
AtlAtty said:
As a disclaimer I don’t know any details abotut his case besides what has been reported here. But I have defended many vehicular homicide cases, felony and misdemeanor. And the fact that Bain was never charged with VH means he was never responsible for the death.

VH requires an underlying crime, which is what distinguishes a criminal case from a true accident. In Georgia for the charge of VH, the driver is typically DUI and/or Reckless driving. If a person is involved in an accident related death and not charged with VH, that 100% tells that that person had no legal responsibility for the accident.

An example from my own career was when a car was broken down at the middle of I-20 at night with electrical issues so it has no lights or hazards or anything to warn other drives that it was broken down on the highway. A second car did not notice the first car, hit the first car resulting in the death of a passenger in the second car. But because the driver of the 2nd car was not DUI and not driving recklessly, he was never charged with VH. However Florida defines “careless driving” it is clearly insufficient to upgrade this tragedy from an accident to a criminal charge. This story needs to end.

One last thing. The guy driving the second car in the example I provided above is forever haunted by the death to his friend despite the fact that he was not legally responsible. I guarantee that Bain thinks about this young lady all the time and is himself suffering from her death. Not only is this “reporting” callous to the family of the deceased, it is callous towards Bain. Only an absolute loser would present this information in the manner in which it was presented.
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Just a note you mean not criminally responsible. Civilly he can still be liable and I understand he settled.
 
I feel for the young lady who died. It was a tragic accident. An accident the family did not want to relive. This is nothing more than a smear campaign against Bain. There is no doubt of it because of the timing. It makes me sad and it makes me angry. I hope we annihilate everyone next season and win it all. The hate is real. Circle the wagons.
 
IMO some big issues with the story:

1. The failure to highlight the lack of any conviction much earlier;

2. The failure to discuss careless/negligence vs reckless floating around;

3. Publishing as a gotcha before the draft and against the victim’s family witness;

4. Lack of actual facts outside a police report, including other related documents which should be available.
 
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AtlAtty said:
As a disclaimer I don’t know any details abotut his case besides what has been reported here. But I have defended many vehicular homicide cases, felony and misdemeanor. And the fact that Bain was never charged with VH means he was never criminally responsible for the death.

VH requires an underlying crime, which is what distinguishes a criminal case from a true accident. In Georgia for the charge of VH, the driver is typically DUI and/or Reckless driving. If a person is involved in an accident resulting in death and not charged with VH, that 100% tells that that person had no criminal responsibility for the accident.

An example from my own career was when a car was broken down at the middle of I-20 at night with electrical issues so it has no lights or hazards or anything to warn other drives that it was broken down on the highway. A second car did not notice the first car, hit the first car resulting in the death of a passenger in the second car. But because the driver of the 2nd car was not DUI and not driving recklessly, he was never charged with VH. However Florida defines “careless driving” it is clearly insufficient to upgrade this tragedy from an accident to a criminal charge. This story needs to end.

One last thing. The guy driving the second car in the example I provided above is forever haunted by the death to his friend despite the fact that he was not criminally responsible. I guarantee that Bain thinks about this young lady all the time and is himself suffering from her death. Not only is this “reporting” callous to the family of the deceased, it is callous towards Bain. Only an absolute loser would present this information in the manner in which it was presented.
Click to expand...
💯

“Careless driving” under the Florida statute is a simple traffic infraction, i.e., not a criminal offense.
 
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