Terry Kennedy sentenced to 5 years in prison.

[Pipe Dreamer]

I feel for the victim's family on the length of this sentence.

[Burt Ward]

I feel for the victim's family on the length of this sentence.

Fully. This is fucked. Don't free TK.

[Tom Pearl]

From sharing a part with Heath Kirchart to sharing a cell with Bubba. life comes at you fast

[Snappyfingers]

Fuck Tk

[jakeumms]

Pretty sure the issue was the prosecutor went for first degree but it's hard to prove one punch has intent to kill. If he was charged with 2nd degree he would have been convicted and had a much longer sentence.

My initial reaction was that first degree was some kind of error in the reporting as it didn't even make common sense. This is pretty fucked.

[Síota]

Expand Quote

I feel for the victim's family on the length of this sentence.

[close]

Fully. This is fucked. Don't free TK.

This. Fuck him

[SatanicPanic]

Expand Quote

Expand Quote

I read somewhere that his atty successfully argued that TK could not have been expected to assume that punching someone once could result in death.

And that's weird. I feel like everyone would be expected to assume that under similar circumstances. And I'm sure that there has been countless other one-punch death trials where this assumption has been confirmed as an reasonable and customary expectation.

The only things I can imagine is that TK's atty somehow managed to argue convincingly that TK was too inebriated to be expected to make that logical assumption. Which is bullshit.

[close]

You’re saying that anyone that punches anyone has to assume that their one punch is lethal? 

[close]

Could be lethal, yes.

Expand Quote

Wouldn’t that mean that every fistfight should be attempted murder?

[close]

No.

About ten years ago the leader of the Birdrock Gang in La Jolla- apparently a bunch of trust fund surfer meatheads- went down on first degree murder charges for one punch. He had followed the guy home after a bar fight though. So the premeditated part wasn’t really at issue, just the part about whether trying to punch someone was the same as trying to murder them. Anyway I think he got life.

[DirtyBurger]

Gator is his cellmate

[EdLawndale]

https://doseskateboarding.com/articles/terry-kennedy-acquitted-of-murder-but-charged-with-battery

"TK's attorneys argued that for him to be found guilty of murder, the prosecutors had to prove that TK had previous knowledge that throwing a single punch "generated a high chance" of killing someone or critically wounding them. In conclusion, TK was found guilty of two counts of aggravated violence and the murder charges have since been dismissed."

Just seems weird to me.  This is like a technicality. Or a free turn.

So, now he knows?

So, now, going forward, if TK were to punch someone (not in self-defense), it is established that he is well-aware -- now there's documented evidence of his previous knowledge -- that throwing a single punch generates a high chance of killing or critically injuring them, and he can be held responsible for murder?

So the next murder victim's family will get justice...but not Josiah's?

What, we gotta tie this guy's fucking shoelaces for him every morning too? Hey, TK, buddy, don't go sticking any forks in any outlets, you might get electrocuted. Best not to swallow any tide pods, my man, could be bad.

[garçon, menu please]

https://doseskateboarding.com/articles/terry-kennedy-acquitted-of-murder-but-charged-with-battery
…
What, we gotta tie this guy's fucking shoelaces for him every morning too? …

Well, not for the next three years give or take. Maybe he’ll stick with slip-ons.

[Dark Knight]

That’s an unbelievably short sentence

[SHARPSHOOTER]

Shit sucks all around. I’ve knocked someone out and their head hit a brick wall. I was freakin out.

Intent or not, we weren’t in the trial.

Rip to the homie

[Manolo]

Thats some white senator's sons sentence.

[augustmoon]

Needs to spend the rest of his days in a mental ward.  He’s gonna get out, go off his meds, and hurt someone again. 

[modern life is war]

clown world

[Colin Robinson]

Fuck that shit, there’s people rotting away way longer for way less.

[Christ Puncher]

I posted this in the other TK thread, but:

"There's not a great deal of information regarding the trial or the verdict, but there's nothing to suggest that the charges weren't downgraded, that he wasn't tried for second degree murder, or that second degree murder wasn't an option available for conviction. Illinois has provisions for manslaughter charges, but they're not relevant to this situation.

In Illinois a conviction of first degree murder may be predicated solely on an defendant killing an individual while in the act of committing (or attempting to commit) a "forcible felony" – which aggravated battery falls under, which Kennedy was convicted of, and what ultimately killed Josiah. This would seem to suggest that first degree murder wasn't the charge being defended."

I wrote that message some time ago, but I believe my thinking is that it had been pleaded down to only aggravated battery, which was wrong.

Looking into the statute regarding second degree murder:

"(a) A person commits the offense of second degree murder when he or she commits the offense of first degree murder as defined in paragraph (1) or (2) of subsection (a) of Section 9-1 of this Code and either of the following mitigating factors are present:

(1) at the time of the killing he or she is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or
(2) at the time of the killing he or she believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his or her belief is unreasonable.” – 720 ILCS 5/9-2(a)"

Neither of the mitigating factors seem to apply to this case. First degree makes sense given the circumstances, while second degree doesn't given that punching someone doesn't necessarily imply that you're trying to kill them. I believe that manslaughter only applies to specific vehicular circumstances.

It's strange that he was convicted of a forcible felony that resulted in death, but was able to avoid a first-degree murder conviction, given that there's no requirement for intent.

Edit: RIP Josiah Kassahun.

[Rasmus]

First of all - there is a rather hefty difference between American and Danish law if you think that's a very short sentence. I believe in Denmark that would be the longer version of a sentence related to a case like this.

And while I really don't like to go down that road, I think you are letting CK of a bit too easy (but he did go to jail for a long time, though). If I remember the TK period correctly, he was beginning to seem extremely paranoid, and likely loose it a bit. I'm not saying this as an excuse for him. I'm just saying he was a man that obviously needed help and was getting into fights - not into killing sprees.

CK had as far as I know, no issues, but still decided to drive a car after drinking. That's definitely intentional and came from a person that must have calculated the risk and still went for it. There's intent in setting yourself behind the wheel after drinking. It's not intent to murder, but it's a high risk in combination with drinking and driving, and it was fully intentional that he took that risk.

[sizzle_chest]

Tack on another 5 for those ugly ass heelflips and stupid fuckin teeth. TK always sucked and fuck Baker for exploiting him.

[manysnakes]

First of all - there is a rather hefty difference between American and Danish law if you think that's a very short sentence. I believe in Denmark that would be the longer version of a sentence related to a case like this.

And while I really don't like to go down that road, I think you are letting CK of a bit too easy (but he did go to jail for a long time, though). If I remember the TK period correctly, he was beginning to seem extremely paranoid, and likely loose it a bit. I'm not saying this as an excuse for him. I'm just saying he was a man that obviously needed help and was getting into fights - not into killing sprees.

CK had as far as I know, no issues, but still decided to drive a car after drinking. That's definitely intentional and came from a person that must have calculated the risk and still went for it. There's intent in setting yourself behind the wheel after drinking. It's not intent to murder, but it's a high risk in combination with drinking and driving, and it was fully intentional that he took that risk.

You're ruining the bloodlust circle-jerk!

[BillTetley]

[Wienerboy]

Some sad shit, boys

[Lou Strux]

That’s an unbelievably short sentence

So’s this.


😢

[Cool Ceith]

Thats some white senator's sons sentence.

Another Kennedy cover-up on the level of Chappaquidick (sp?)

[n0torious]

First of all - there is a rather hefty difference between American and Danish law if you think that's a very short sentence. I believe in Denmark that would be the longer version of a sentence related to a case like this.

And while I really don't like to go down that road, I think you are letting CK of a bit too easy (but he did go to jail for a long time, though). If I remember the TK period correctly, he was beginning to seem extremely paranoid, and likely loose it a bit. I'm not saying this as an excuse for him. I'm just saying he was a man that obviously needed help and was getting into fights - not into killing sprees.

CK had as far as I know, no issues, but still decided to drive a car after drinking. That's definitely intentional and came from a person that must have calculated the risk and still went for it. There's intent in setting yourself behind the wheel after drinking. It's not intent to murder, but it's a high risk in combination with drinking and driving, and it was fully intentional that he took that risk.

I agree that the prosecutor made a big mistake going for the murder charge. Prosecutorial culture is extremely aggressive. There are more reform-minded DAs than ever, but prosecutors are generally trained to get the W at all costs. They're cops, and serve at the pleasure of cops.

The breakdown of intent above makes complete sense. It also matters a lot that Cory's charge happened in Washington. That state has particularly harsh drunk driving laws. I asked a lawyer from there what he thought of the case as soon as it happened: he told me Cory was fucked. It honestly could have been worse.

[Theme For A Jackal]

First of all - there is a rather hefty difference between American and Danish law if you think that's a very short sentence. I believe in Denmark that would be the longer version of a sentence related to a case like this.

And while I really don't like to go down that road, I think you are letting CK of a bit too easy (but he did go to jail for a long time, though). If I remember the TK period correctly, he was beginning to seem extremely paranoid, and likely loose it a bit. I'm not saying this as an excuse for him. I'm just saying he was a man that obviously needed help and was getting into fights - not into killing sprees.

CK had as far as I know, no issues, but still decided to drive a car after drinking. That's definitely intentional and came from a person that must have calculated the risk and still went for it. There's intent in setting yourself behind the wheel after drinking. It's not intent to murder, but it's a high risk in combination with drinking and driving, and it was fully intentional that he took that risk.

Yes, there is a hefty difference actually

[peacepappies]

lol

he got away pretty good considering he's black and in the usa

[Dark Knight]

Expand Quote

That’s an unbelievably short sentence

[close]

So’s this.


😢

Hahaha

[GAY]

Expand Quote

Thats some white senator's sons sentence.

[close]

Another Kennedy cover-up on the level of Chappaquidick (sp?)

If that's how it's actually spelled, that is one sexy naughty name for someplace.

[greenbeans]

Come on. If Gator has been in prison for 3+ decades and had paroles denied before, TK should have the same consequence.