Futureite wrote:I couldn't have said it better myself. That's exactly my point. All along, Future has been spinning the Smith debacles into something equivalent to a high school prank and completely ignores, or at the very least trivializes, the crimes Smith admitted to committing, arguing that Smith should receive nothing more than a slap on the wrists.
That's not accurate. I said many times in terms of legal action that he deserves what the "average person" would get for doing the same things. The disconnect was that many of you believed a plumber would be sitting in prison for 5 yrs for the same crime, and thus somehow I was minimizing the severity of the crimes to suggest Aldon should receive far less than that. In reality, the man that stabbed Aldon was convicted of the exact same possession violation and he received probation. He was an average Joe or possibly worse criminally speaking, and he received nothing close to what some of you proposed for Aldon. What I stated was right in line with what was fair and just. Your statements were not.
And, the criteria that I posted should be considered in the sentencing; from Aldon's criminal history to his intent, was carefully considered and ennunciated by the judge in his decision. And yet most of you scoffed (snd apparently still are) at the idea that one's intent matters in a criminal case. Basically what both of you are telling me is that an experienced judge who listened to all of the facts of this case in not fit to determine Aldon's intent, but a fan that's read media reports is equipped to determine "malicious intent"? None of this made any sense to me at the time and it makes even less now that you are still debating it. No, he had no malicious intent. Yes, it matters.
Morally I disagree with some of what Aldon has done, so I understand your point.
But I wasn't at his party. I don't know who invited the gang members, if they threatened him, or where he fired the shots. Do you know for certain how you'd react in the same situation? I do know at 25 I drove countless times drunk from college parties and could have easily been Aldon in San Jose. Yes it was dumb, but it doesn't make me a thug. Like most things in life it is all far, far from the black and white picture a lot of you have painted.[/quote]
Again, this is what I am talking about. Who invited the gang members doesn't matter, where he fired the shots doesn't matter. You don't know what you would do in that situation, really? If somebody were at my house that I didn't want there I would CALL THE COPS, pretty easy. Of course I wouldn't have illegal drugs or guns at my house so I wouldn't have to worry about the cops finding crap that would put me in jail. I think many people, looking back have driven while they have had too many, but if I were to get a DUI I can assure you it would only take ONE. His actions are not youthly mistakes of a teenager, he is a 25 year old man. He could have gone off to war and fought 7 years ago. I am not saying he is a thug, but he absolutely has put his community at large in harm, intent or not. How would you feel about your neighbor, who has multiple DUI's driving down your road while your kids are playing outside. At the same time that neighbor has fired his guns, up in the air, at a party. In neither instance did he receiver jail time. I would be worried he didn't learn his lesson and that my family may be in harms way due to his actions.