What is considered justice? When is a result by the courts truly just? Is something just because a judge and/or jury says so? Because the prosecution or defence argued better?
Damien Christopher Starrett (ds) has been found guilty of manslaughter in the death of Ares, and common assault in the horrendous physical and mental abuse of Ares' 5-year-old sister.
WHAT THE FUCK?
"While providing a summary of his findings, the judge [who, for whatever reason, is unnamed in the article] said the boy was "punched, kicked, stomped in the head," and died as a result of multiple head injuries."
It is absolutely horrendous that Ares was murdered. Please don't forget his sister. That little girl witnessed everything that the judge heard. She witnessed it first hand. Little ones are easily broken. That poor little babe. May her memories of that day be washed from her so that she may live without the tragedy weighing on her life. Is the judge going to take into consideration what ds did to his daughter that same day, both physically and mentally?
Something very strange is the fact that ds has been out on bail. He stated he was being threatened at the remand centre. Ashton Bishop, Ares' mommy, protested the bail but her voice carried no weight. No voices were heard except the sullen ds, who was going to be hurt if he stayed behind bars. Oh no. Imagine that. Criminals have morals. So what does our justice system do? ds is released with a little bracelet on his ankle. I've worked in corrections. I know he would've been in segregation for his own protection. Only CO's would have had anything to do with him. What a fucking joke that someone would see fit to release him with conditions after he KILLED HIS CHILD!
Seriously, WTF has ds done to get everything his way? Be a shitty person since the beginning of time, abuse people close to you, get involved in all sorts of drugs, kill your son, beat your daughter and make her witness you murdering her baby brother. WHY IS THIS HAPPENING?
I just read that "The Crown is requesting a manslaughter conviction ... There doesn't seem to be a real motive for this crime. However, following the commission of an offence, there can be a motive to reinvent how it happened."
Now what the hell does that mean? It means the Crown doesn't think ds was cognizant enough to have committed second degree murder. They don't think they'll be successful if they go for second degree. You know what? HE FUCKING KILLED HIS BABY! What would make the Crown leave the charges as second degree? Maybe if he hadn't taken those last two perc's? Maybe if he wasn't coming down from heroin or whatever else? Maybe if didn't completely lose his shit on to two little humans who were 1/2 him! WHAT WILL IT TAKE FOR THE JUDGE TO TRULY PUNISH ds? I have two words: death sentence. By whatever means so long as it REALLY hurts. No IV, no electrocution, no hanging ... those are all much too humane.
I checked out manslaughter and learned the following from Saini Law:
Manslaughter is the killing of a human being without planning or deliberation, although there may have been an objective to cause harm. What seems to be first or second degree murder can be reduced to manslaughter under certain circumstances. Examples include if the crime was committed in the heat of the moment or the accused was intoxicated.
Penalty for Manslaughter. While there's no minimum sentence for manslaughter, penalties can vary from probation to life. (Unlike murder, life imprisonment is not an automatic penalty for manslaughter.) In cases where the crime involves a firearm, the minimum penalty is four years.
When I read the Justice Laws Website, I learned:
222 (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
Kinds of homicide
(2) Homicide is culpable or not culpable.
Non culpable homicide
(3) Homicide that is not culpable is not an offence.
Culpable homicide
(4) Culpable homicide is murder or manslaughter or infanticide.
Idem
(5) A person commits culpable homicide when he causes the death of a human being,
(a) by means of an unlawful act;
(b) by criminal negligence;
(c) by causing that human being, by threats or fear of violence or by deception, to do anything causes his death; or
(d) by wilfully frightening that human being, in the case of a child or sick person.
Exception
(6) Notwithstanding anything in this section, a person does not commit homicide within the meaning of this Act by reason only that he causes the death of a human being by procuring, by false evidence, the conviction and death of that human being by sentence of the law.
When we jump to 229, we learn,
229 Culpable homicide is murder
(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
FINALLY WE MAY HAVE AN ANSWER ... (Or not, who knows)
MURDER REDUCED TO MANSLAUGHTER
232(1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.
What is provocation
(2) Conduct of the victim that would constitute an indictable offence under this Act that is punishable by five or more years of imprisonment and that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control is provocation for the purposes of this section, if the accused acted on it on the sudden and before there was time for their passion to cool.
Questions of the fact
(3) For the purposes of this section, the questions
(a) whether the conduct of the victim amounted to provocation under subsection (2), and
(b) whether the accused was deprived of the power of self-control by the provocation that he alleges he received,
are questions of fact, but no one shall be deemed to have given provocation to another by doing anything that he had a legal right to do, or by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being.
And so on and so on ...
What is that going to mean to ds' sentencing? I have no fucking idea. So far as I can tell, he can get anything from a few months and house arrest to life in prison with no eligibility of parole for 10 years. Given that the judge has already reduced it from second degree murder to manslaughter, I anticipate him giving ds anything but a reasonable sentence. I just have a bad feeling. It seems that every time there is heinous tragedy like this, the punishment doled out never matches the crime.
I hope with everything I have that ds gets the book thrown at him AND the he gets to live out his days in GENERAL POPULATION! It would be nice to hear the news after that happens.
Ares' first birthday (facebook)
I continue to keep Mommy and Sister in my thoughts and heart. I hope the judge will see fit to mete out a proper punishment.
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