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The Benz Driver who killed the guy in Scottsdale


Allan-Herbie
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Is it normal to wait this long for the trial to start?

Yep..... Very typical.... This has actually been pretty quick by my experience... IF it actually gets started on next week (my guess.... It wont...)

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Another update. Looks like they are trying to settle. October 26 trial date is continued and the reason behind it...attempting to settle. Here's a link with the minute entries, (enter case number CR2008031157 when the link pops up) if anyone is interested. The third one down is interesting as it is the courts answer on a motion to sever the trial and it has some statements which were made by the benz driver in reference to the events leading up to the crash. The case wont be severed, but the state can't use statements by either driver about the other driver's conduct unless they defendants testify and are crossed. My guess is they are fighting over jail time.

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Rob will get his court day in the court of law where he most likely will plea guilty for extreme reckless driving charges and will do 90 days jail time MAX... if that.. Mustang driver will walk with a year DL suspension or something of that nature.

 

I'm quoating myself from page 16 of this thread from Two years ago, my prediction still stands.

 

Be rest assured that over the past Two years the defence has compiled a mount of evidence that will leverage their position into settling a favorable deal with the DA.

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I'm quoating myself from page 16 of this thread from Two years ago, my prediction still stands.

 

Be rest assured that over the past Two years the defence has compiled a mount of evidence that will leverage their position into settling a favorable deal with the DA.

 

 

I dont know...that DUI complicates things and AZ can be pretty tough when it comes to DUI under some circumstances, but you may have hit the nail right on the head. It may depend on how big of a part that marijuana in the blood plays.

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I dont know...that DUI complicates things and AZ can be pretty tough when it comes to DUI under some circumstances, but you may have hit the nail right on the head. It may depend on how big of a part that marijuana in the blood plays.

 

I don't think that traces of marijuana equals a DUI, even in Arizona.

 

 

 

 

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I don't think that traces of marijuana equals a DUI, even in Arizona.

 

Yea, depends on the amounts. I'd like to know how much he had in his system. Enough to at least charge him with it, although that in and of itself doesn't really mean too much.

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  • 2 weeks later...

Maybe send him for time with that due "Arpao" the guy that makes you wear pink panties in jail and get no air conditioning...In AZ.

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  • 2 months later...

Just a reminder before the verdict is given:

 

Remember when I said this? :

 

Rob will get his court day in the court of law where he most likely will plea guilty for extreme reckless driving charges and will do 90 days jail time MAX... if that.. Mustang driver will walk with a year DL suspension or something of that nature.

 

Some people said that:

 

 

Disagree. This won't be plea-bargained, too easy and "street racing" is too much of a hot potato for the press to play with.

 

:iamwithstupid:

 

A guy is dead.... BEST case scenario he gets Involuntary Manslaughter.... (which he will need a MIRACLE to get)- That puts him away for at least 3 years...

 

Id put the over/under on this at 7.

 

 

 

Well, apparently a plea WAS offered for both:

 

Nov 30 pretrial conference did not result in any forward progress. Both defendants did not accept the plea agreements.

and so far only the Mustang driver accepted it... the negotiations were between jail/no jail time and not HOW MUCH jail time so my guess is the plea will ask for a short jail time, like few months that will be done partially as community service if the guy's rap sheet is clean.

I believe that Van Berkel will follow suit and accept his plea right before the trial starts... he will accept a slightly harsher plea as if I remember correctly he had traces of Marijuana in his blood, like few more months...

 

That's my prediction.

 

 

 

 

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Thats true, but why did they reject the plea? Because it likely involves between 6-12 months in jail, if not even longer, which was my main point. This will not be some "90 days max" scenario where they skate.

 

They would take a plea all day long unless the terms were so harsh that they'd rather hang themselves than accept it and that's likely what happened. I stand by my original thought which is between 12-24 months in jail, plea or not.

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ANy guesses how much in lawyer fees these guys have racked up?

Over 200k?

 

At least that much, not to mention the settlement/judgement in the civil suit, which will bring his net worth down to negative zero.

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6-12 months for killing someone while drag racing with traces of ganja in your system? No way...

 

 

Dude you should be happy and rooting for Van Barkel, isn't that a good news to all the light to light racers out there??? :icon_pidu:

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Dude you should be happy and rooting for Van Barkel, isn't that a good news to all the light to light racers out there??? :icon_pidu:

 

:lol2: :lol2:

 

Damnit, your logic is irrefutable!

 

 

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Dude you should be happy and rooting for Van Barkel, isn't that a good news to all the light to light racers out there??? :icon_pidu:

I hope they fry him... And I never race light to lihht... Didn't you see I didn't even race that Neon on the highway!

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Joe- You understand that Aronica just took a plea deal where he is up for TWO YEARS IN PRISON? And he will be testifying AGAINST Van Brackel at his trial?

 

Remember- Aronica was ALWAYS the one most likely to get the slap on the wrist. Hes the KID, not the 40 year old. Hes the one in the FORD not the $150,000 BENZ... Hes not the one who has a PREVIOUS ticket for 120MPH.... And Hes not the one with the marijuana in his system.... Van Brackel is still looking at VERY hard time.... I said at least 3 years with the over under at 7. And I still think that holds.

 

Aronicas plea:

 

These offenses carry a presumptive sentence of 1.0 years; a minimum sentence of 0.5 years (.33 year if the Court makes exceptional circumstances finding); and a maximum sentence of 1.5 years (2.0 years if the court makes exceptional circumstances finding). Probation is available. Restitution of economic loss to the victim and a waiver of extradition for probation revocation proceedings are required. The maximum fine that can be imposed is $150,000.00 plus an 84% surcharge.

 

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Roman quick question. If you decide not to bail out [if you have the option to bail out], does the time spent in prison prior to your sentence count against it?

 

IE: If he had wanted to could he have stayed in jail this whole time and walked as soon as he got his sentence?

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Roman quick question. If you decide not to bail out [if you have the option to bail out], does the time spent in prison prior to your sentence count against it?

 

IE: If he had wanted to could he have stayed in jail this whole time and walked as soon as he got his sentence?

 

 

Its up to the judge. They sentence you to "Time Served" and youre done, but probation will still apply. But technically, Time before sentence and time after have nothing to do with each other.

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Dude you should be happy and rooting for Van Barkel, isn't that a good news to all the light to light racers out there??? :icon_pidu:

 

A garden variety felony DUI in Arizona carries pretty heavy prison time (I know of one woman who spent 12 months in prison for a 2nd DUI (which happened to be a felony) . With someone dead I still say the penalty will be even more harsh. It all depends on how far they push the marijane issue, IMHO.

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