I know no matter the reason, someone kills my wife and I lose my mate, I'm not only going after them criminally, I'm doing civilly as well. Good on the husband.
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Albert Espinosa.....guilty
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Originally posted by Forever_frost View PostI know no matter the reason, someone kills my wife and I lose my mate, I'm not only going after them criminally, I'm doing civilly as well. Good on the husband.
Money don't mean much to me. You kill my pregnant wife due to stupidity there is not any amount of money that will stop me. Unless they have other kids and I could see the need for money to help raise them.
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Originally posted by Tommy_tutone View PostAll of you guys act like you were there. Do any of you know EXACTLY what happened? Or are you just going by the DA's five year old file that had been turned down by multiple prosecutors and judges?
MAYBE, Albert did a pre-check, MAYBE, Albert was driving down the road and this woman decided at the last second to slam her brakes and turn into sonic.
Possibly, this was not in any way Alberts fault. But you fucking know-it-all idiots just assume he is guilty. And got off easy....
This is the exact reason I stopped viewing this website. The local know-it-alls.
Archie
One of your coworkers told me.?
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Did a criminal case look up at collin county is this is what I found.
4/30/2007 is the date of the crash.
4/19/2007 Traffic Crime - No Medical card on Person
11/5/2007 Class C Traffic Crime - Passing in a no passing Zone.
1/2/2008 Class C - Ran stop sign
8/27/2008 Traffic Crime- over 34,000lbs on tandum axle.
4/17/2009 Class C Speeding
This shows no remorse or reform in the jury's eyes, before or after the sonic crash.
Case Number 3808023608
Date Filed: 02/05/2008
Case Type: CR - Filed by Indictment
Status: Disposed
Style: State of Texas vs Espinosa Alberto
JudicialOfficer: Wheless, Ray in 366th District Court
Charges
Offense Code Description Offense Date Degree Level Statute Fine Amount Arresting Agency Arrest Date Filing Agency
09990018 CRIMINAL NEGLIGENT HOMICIDE 04/30/2007 110 State Jail Felony 19.05 McKinney Police Department
Disposition
Date Disposition
12/07/2012 Convicted: Not Guilty Plea - Jury Verdict
Case Events
Date Event Type Comments Cancelled Reason Time Judge
02/05/2008 Case Filed by Indictment (OCA)
02/06/2008 Letter of Representation -Andrew Farkas
02/07/2008 Capias Issued Unapprehended - Bond set at $5,000.00
02/08/2008 Capias to Sheriff
02/08/2008 Warrant Executed/Recalled
02/12/2008 Approving Bond by Sheriff
02/19/2008 Notice to Appear Issued
03/04/2008 Passed
03/04/2008 First Appearance 9:00 AM
04/03/2008 Passed
04/03/2008 Appearance with Attorney 9:00 AM
05/08/2008 Passed
05/08/2008 Appearance with Attorney 9:00 AM
06/06/2008 Passed
06/06/2008 Announcement 9:00 AM
07/09/2008 Passed
07/09/2008 Announcement 9:00 AM
08/14/2008 Passed
08/14/2008 Announcement 9:00 AM
09/18/2008 Passed
09/18/2008 Announcement 9:00 AM
10/24/2008 Passed
10/24/2008 Announcement 9:00 AM
12/12/2008 Passed
12/12/2008 Announcement 9:00 AM
01/22/2009 Passed
01/22/2009 Announcement 9:00 AM
02/20/2009 Passed
02/20/2009 Announcement 9:00 AM
04/29/2009 Defense Attorney Correspondence -Vacation Letter
05/27/2009 Passed
06/10/2009 Motion Limine
06/10/2009 Notice Rules 404(b),609(f) and Article 37.07, Request For Notice Of Intent Offer/Use Extraneous Conduct
06/10/2009 Pre-Trial Conference 8:15 AM
06/15/2009 Jury Trial 9:00 AM
08/12/2009 Passed
09/16/2009 Pre-Trial Conference 8:15 AM
09/21/2009 Jury Trial 9:00 AM
01/05/2010 Passed
01/13/2010 Pre-Trial Conference 8:15 AM
01/18/2010 Jury Trial 9:00 AM
04/13/2010 Passed
04/14/2010 Pre-Trial Conference 8:15 AM
04/19/2010 Jury Trial 9:00 AM
08/18/2010 Passed
08/23/2010 Jury Trial 9:00 AM
10/15/2010 Passed
10/18/2010 Jury Trial 9:00 AM
01/05/2011 Arraignment Hearing 9:00 AM
01/05/2011 General Docket Entry Passed to 5-16-2011 for Jury Trial
01/10/2011 Jury Trial Cancelled: Reset 9:00 AM
03/11/2011 State Application for Subpoena
03/11/2011 Subpoena
03/22/2011 Subpoena
03/31/2011 Subpoena State Subpoena Executed -A Selkirk 3-30-11
04/06/2011 Subpoena State Subpoena Executed -K James 3-28-11
05/06/2011 Passed Set for Jury Trial 8-15-11
05/19/2011 Subpoena State Subpoena UnExecuted -J Bowen
05/20/2011 State Application for Subpoena
05/20/2011 Subpoena
05/20/2011 Subpoena
06/03/2011 Subpoena State Subpoena UnExecuted -J Bowen
06/09/2011 Subpoena State Subpoena Executed -A Selkirk 6-3-11
07/07/2011 Subpoena State Subpoena Executed -K James 6-27-11
08/10/2011 Passed
08/15/2011 Jury Trial 9:00 AM
10/05/2011 Passed
10/07/2011 Announcement Cancelled: Reset 9:00 AM
11/10/2011 Announcement 9:00 AM
11/10/2011 Passed
12/14/2011 Announcement 9:00 AM
12/14/2011 Passed Set for Jury Trial July 9, 2012
01/31/2012 Order Of Assignment - (faxed) Judge Dean for a period of 5 days beginning 6/18/12
02/27/2012 Letter Vacation Letter -Andrew Farkas
04/04/2012 State Application for Subpoena
04/04/2012 Subpoena
04/10/2012 Subpoena State Subpoena UnExecuted -A Selkirk
04/10/2012 Subpoena State Subpoena UnExecuted -J Bowen
04/19/2012 Subpoena State Subpoena Executed -K James 4-17-2012
05/07/2012 Notice of State Special Plea of Use or Exhibition of Deadly Weapon
05/25/2012 Motion List Witness Expert
05/25/2012 Notice of Hearing -set on 6-1-12
06/01/2012 Hearing 9:00 AM
06/08/2012 Correspondence From State to Defense Atty -Please find enclosed State's Motion to Amend Indictment
06/08/2012 Motion to Amend Indictment -State
06/18/2012 Motion to Amend Indictment Hearing 9:00 AM
06/18/2012 General Docket Entry Motion to amend indictment granted
06/18/2012 Order Granted Motion to Amend Indictment
06/21/2012 State Application for Subpoena
06/21/2012 Subpoena
06/25/2012 Report Deputy Court Reporter Log
06/26/2012 Affidavit Weir Bros. Inc. business records
06/26/2012 District Attorney Correspondence to Andrew Farkas -Business Records are filed with DC Office
06/27/2012 State Application for Subpoena
06/27/2012 Subpoena
06/28/2012 Subpoena State Subpoena Executed -J Bowen 6-25-12
06/28/2012 Passed Jury Trial is set 12-3-12
07/20/2012 Subpoena State Subpoena Ret'd UnExecuted -D Phillips
08/23/2012 Administrative Order Of Assignment -Transferred to the 366th
09/12/2012 State Application for Subpoena
09/12/2012 Subpoena
09/21/2012 State Application for Subpoena
09/21/2012 Subpoena
11/08/2012 State Application for Subpoena
11/08/2012 Subpoena
11/14/2012 Motion to List Exhibits
11/14/2012 Motion to List Witnesses
11/14/2012 Motion for Deadline to Provide Forensic Reconstruction
11/14/2012 Defense Application for Subpoena
11/14/2012 Subpoena
11/14/2012 Records Espinosa Trucking - Gilbert Espinosa
11/14/2012 Order Granted For Deadline to Provide Forensic Reconstruction
11/14/2012 Order Granted To List Witnesses
11/16/2012 Correspondence From DA Office to Attorney Andrew Farkas
11/19/2012 Motion Supplemental Motion In Limine
11/20/2012 Defendant's Application For Probation From The Jury
11/20/2012 Defense Application for Subpoena
11/20/2012 Subpoena
11/26/2012 Defendant's Election Of The Jury To Assess Punishment
11/29/2012 Announcement 9:00 AM
11/29/2012 Trial Ann/Appearance 10:00 AM
11/30/2012 State Application for Subpoena
11/30/2012 Subpoena
12/03/2012 Jury Trial 9:00 AM
12/03/2012 Jury Trial 9:00 AM
12/03/2012 General Docket Entry Case called for trial. State and Defense announce ready. Jury selected and sworn. Witnesses sworn and evidence presented. Case continued for trial through December 7th. State and Defense rested. Jury charged. Jury began deliberations at 3:30. The jury returned a verdict of Guilty but no affirmative finding of deadly weapon. The parties reached an agreement as to punishment. Pursuant to that agreement, the Defendant is sentenced to two years confinement in the State Jail probated for five years and a $1,000.00 fine. Defendant ordered to serve 5 days in the Collin County Jail beginning on April 28, 2013. Defendant ordered to perform 140 hours communiity service. Defendant waived right to appeal.
12/05/2012 Motion To Dismiss Special Plea Of Use Or Exhibition Of A Deadly Weapon And Amended Indictment Under C.CRIM.P. Chapter 12, Art. 12.01(7)
12/07/2012 Defendant's Plea Agreement Packet
12/07/2012 Charge of Court
12/07/2012 Plea
12/07/2012 Disposition
12/07/2012 DC-Probation (CSCD)
12/10/2012 Payment Agreement
12/10/2012 Commitment Issued
12/12/2012 Bond Discharged
12/12/2012 Commitment to Sheriff's Office
Financial Summary
Defendant
Charges : $1,506.86
Payments: $0.00
Balance : $1,506.86
Transactions
Payor Receipt Date Description Amount
02/05/2008 Transaction Assessment $85.00
04/04/2011 Transaction Assessment $5.00
04/08/2011 Transaction Assessment $12.54
06/13/2011 Transaction Assessment $5.00
07/12/2011 Transaction Assessment $75.47
01/09/2012 Transaction Assessment $211.00
01/09/2012 Transaction Assessment $20.00
04/19/2012 Transaction Assessment $37.48
06/28/2012 Transaction Assessment $6.45
07/23/2012 Transaction Assessment $5.00
10/01/2012 Transaction Assessment $12.83
10/08/2012 Transaction Assessment $5.00
10/26/2012 Transaction Assessment $9.35
12/10/2012 Transaction Assessment $6.74
12/12/2012 Transaction Assessment $10.00
12/12/2012 Transaction Assessment $1,000.00
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4 tickets after killing a woman, one for an overloaded truck. That's ridiculous."When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
"A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler
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Originally posted by bcoop View Post...I do believe TX is also an at fault state. If you rear end someone, it doesn't matter if she stopped suddenly to look at a butterfly. You rear end someone, it's 100% your fault. Period. End of story. Glare, sun, gravel, doesn't matter. He didn't stop, he was at fault, and he was at the very LEAST, negligent of the conditions around him. If this happened in ANY company car (not just a dump truck or semi), the death guarantees a law suit. You're right. Accidents happen. That's why he was not charged with murder.
Not true Brent. My mother in law was rear ended by a Collin County Sheriff one night when she drove from our driveway to hers. The cop was hauling ass up our road with no lights, her driveway is just before the stop sign (50'), and as she was turning in he hit her rear bumper. Cop jumped out and apologized, stating it was his fault. Next thing you know she is written a ticket for failing to yield. A bit twisted maybe, but it does show that fault can be manipulated.
Side question: There is a tag that states the truck did not have dowel pins. Someone please elaborate on this?
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Originally posted by mikec View PostNot true Brent. My mother in law was rear ended by a Collin County Sheriff one night when she drove from our driveway to hers. The cop was hauling ass up our road with no lights, her driveway is just before the stop sign (50'), and as she was turning in he hit her rear bumper. Cop jumped out and apologized, stating it was his fault. Next thing you know she is written a ticket for failing to yield. A bit twisted maybe, but it does show that fault can be manipulated.
Side question: There is a tag that states the truck did not have dowel pins. Someone please elaborate on this?
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Originally posted by mikec View PostNot true Brent. My mother in law was rear ended by a Collin County Sheriff one night when she drove from our driveway to hers. The cop was hauling ass up our road with no lights, her driveway is just before the stop sign (50'), and as she was turning in he hit her rear bumper. Cop jumped out and apologized, stating it was his fault. Next thing you know she is written a ticket for failing to yield. A bit twisted maybe, but it does show that fault can be manipulated.
Side question: There is a tag that states the truck did not have dowel pins. Someone please elaborate on this?
I personally knew a DPD officer going 50mph down a ally way. He lost control of the car and took out a fence and ended up in the back yard. (we) the City paid for the fence and new squad car. You might ask what the cop was doing going that fast in a ally. "Trying to run over a stray cat". Young 23 year old punk with or without the badge IMHO. Could have killed a kid on his joy ride!
PS. The DPD cop returned to work the next day. No charges or fault found in his conduct.
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