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Former Cottonwood death row inmate killed a month after his release (Wrongfully convicted)
redding.com ^ | October 6, 2009 | Jim Schultz

Posted on 10/06/2009 2:43:45 AM PDT by tlb

A former Cottonwood man who served 10 years on Texas death row until his murder conviction was overturned last year by an appellate court was killed Saturday in a solo truck crash in eastern Texas.

Michael Toney, a 43-year-old Redding native, was killed when his pickup, which had oversized tires, rolled while going around a curve on Farm Road 347 in the rain Saturday morning, a spokeswoman with the Texas Department of Public Safety in Jacksonville said Monday.

He was thrown from the pickup and died at the scene, she said.

Toney, who had long maintained his innocence, was released early last month from Tarrant County Jail in Fort Worth, Texas, after the Texas Attorney General's Office filed a motion to dismiss the murder case against him because it was not prepared to retry him.

Toney's murder conviction was overturned in December by the Texas Court of Criminal Appeals after it ruled that his constitutional rights were violated during his 1999 trial and that he was entitled to a new one.

The court found that the Tarrant County District Attorney's Office's lead prosecutor in the case withheld evidence from Toney's trial defense team that would have undermined the state's case against him.

(Excerpt) Read more at redding.com ...


TOPICS: Crime/Corruption; Extended News; Government; US: Texas
KEYWORDS: accident; death; deathrow; fate; inmate
Texas gives a very generous financial settlement to inmates released for wrongful imprisonment. I gather he bought a ride well beyond his ability.

Final Destination gets the last word.

1 posted on 10/06/2009 2:43:45 AM PDT by tlb
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To: tlb

God is the final court of Appeal I guess.


2 posted on 10/06/2009 2:48:06 AM PDT by NavVet ("You Lie!")
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To: tlb

Without prejudging, it was probably cheaper than a retrial and execution and he didn’t even get to sell tickets.


3 posted on 10/06/2009 3:04:03 AM PDT by Lonesome in Massachussets (Don't tell 0bama what comes after a trillion.)
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To: tlb
The court found that the Tarrant County District Attorney's Office's lead prosecutor in the case withheld evidence from Toney's trial defense team that would have undermined the state's case against him.

I hope something very, very bad happened to that prosecutor.
4 posted on 10/06/2009 3:48:07 AM PDT by MaryFromMichigan
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To: tlb
Michael Toney, a 43-year-old Redding native, was killed when his pickup, which had oversized tires, rolled while going around a curve on Farm Road 347 in the rain

Somebody who knows about tires tell me if "oversized tires" had anything to do with this crash.

I would have thought bigger tires would have made for better traction in wet conditions, if not, it wouldn't be the first time I've been wrong.

5 posted on 10/06/2009 3:57:25 AM PDT by Graybeard58 ( Selah.)
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To: Graybeard58

Oversized tires usually mean a lifted suspension which can cause a higher center of gravity increasing rollover risks.


6 posted on 10/06/2009 4:04:16 AM PDT by BOBWADE
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To: Graybeard58

The bigger tires push the center of gravity higher, making the truck more prone to roll over in a sharp turn. It was probably a big jacked-up 4x4, and those things don’t corner worth spit.

}:-)4


7 posted on 10/06/2009 4:04:40 AM PDT by Moose4 (Ted Kennedy: "If they bring up Camelot, we get to bring up the lady in the lake.")
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To: Graybeard58
>

I suspect it was one of these things...

8 posted on 10/06/2009 4:09:57 AM PDT by Haiku Guy (If You have a Right / To the Service I provide / I must be a Slave)
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To: Haiku Guy

Real red-neck ride. I was behind one of these at an ATM a little while ago when a guy about 5’5” with a huge cowboy hat climbed down to use the machine. I laughed and laughed as he tried to jump back into the truck.


9 posted on 10/06/2009 4:21:50 AM PDT by AUH2O Repub (Palin/Hunter 2012)
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To: tlb

So he was turned loose , but not necessarily because he wasnt guilty?

Technicality.


10 posted on 10/06/2009 4:22:52 AM PDT by Venturer
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To: tlb

Seatbelts save lives.


11 posted on 10/06/2009 4:36:29 AM PDT by RoadTest ( Confounded be all they that serve graven images, that boast themselves of idols - Psalm 97:12a)
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To: Graybeard58
I would have thought bigger tires would have made for better traction in wet conditions, if not, it wouldn't be the first time I've been wrong.

In addition to the other responses, I'd add that many of those oversized tires are designed to be effective off-road, so the tread design isn't so good for paved surfaces. Add some rain to the picture and you can see that extra care is required when driving a truck so equipped.

12 posted on 10/06/2009 5:07:44 AM PDT by Charles Martel (NRA Lifetime Member since 1984; TSRA rookie)
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To: Venturer
So he was turned loose , but not necessarily because he wasnt guilty?

lead prosecutor in the case withheld evidence from Toney's trial defense team that would have undermined the state's case against him.

Technicality.

Yeah. Technically, he was innocent.

Cheers!

13 posted on 10/06/2009 5:11:41 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: Graybeard58

“I would have thought bigger tires would have made for better traction in wet conditions, if not, it wouldn’t be the first time I’ve been wrong.”

You’re right and wrong. Oversize tires plus 4 wheel drive make for a safer ride IF, BY HAVING THEM YOU DON’T CONCLUDE THAT YOU CAN NOW SAFELY IGNORE THE LAWS OF PHYSICS and drive like a jackass in the snow or rain or mud.


14 posted on 10/06/2009 5:41:00 AM PDT by TalBlack
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To: tlb
"He was thrown from the pickup and died at the scene..."

When we were in Massachusetts, virtually all single-vehicle crash deaths were attributed to collision with a stone wall or a tree or utility pole near or in the edge of the pavement. I suppose that could be blamed on lousy or antiquated infrastructure design...

Now that we are back in Texas, we note that, almost invariably, fatalities here in single-vehicle accidents are attributed to being "ejected (thrown) from the vehicle". IOW, many Texas deaths are due to the stupid (and illegal) act of refusing to wear a seat belt.

Even though I have always had (and used) seat belts in my vehicles -- even when I had to buy and install them myself -- I don't particularly agree with seat belt laws that mandate their use. OTOH, folks here in the East Texas Piney Woods have a term that applies to deaths like this one: "He wuz eat plumb up with the dumb@$$!"...

15 posted on 10/06/2009 6:19:28 AM PDT by TXnMA ("Allah": Satan's current alias...)
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To: TXnMA

Further proof that man made laws are no match for people who are “eat plumb up with the dumb@$$!”

I too always use my seat belt, of course I am a Safety Manager, but I really HATE seat belt laws.

I figure for the people on the left, this should be blasphemy! Darwinism is predominately a religion of the left, yet they refuse to allow his will to be done! Thin the gene pool I say!


16 posted on 10/06/2009 7:09:57 AM PDT by ExTxMarine (Hey Congress: Go Conservative or Go Home!)
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To: Graybeard58

Damn SUVs and their oversize tires! Just killing the convicts Americans won’t kill.

(I know he was innocent)


17 posted on 10/06/2009 7:22:16 AM PDT by Skenderbej
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To: Charles Martel

In addition to the higher offset in center of gravity, the wider tires increase the square inches of contact on the road and inturn decreases the PSI on the road surface and significantly decrease traction especially on wet roads.


18 posted on 10/06/2009 7:35:15 AM PDT by dusttoyou (libs are all wee wee'd up and no place to go)
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To: dusttoyou
In addition to the higher offset in center of gravity, the wider tires increase the square inches of contact on the road and inturn decreases the PSI on the road surface and significantly decrease traction especially on wet roads.

If that were scientifically correct, why wouldn't race cars run bicycle tires instead of the really wide tires they use? Ever seen the rain tires use in F1? They ain't skinny for a reason!

19 posted on 10/06/2009 7:39:37 AM PDT by Travis T. OJustice (I can spell just fine, thanks, it's my typing that sucks.)
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To: ExTxMarine
In my younger days, I used to drive my '65 Formula 'S' Barracuda (which I still have, BTW) in rallies and gymkhanas. It didn't take long to learn that, during high-G cornering and over bumps, I couldn't control the pedals (especially the heavy racing clutch) -- without having my fanny firmly strapped to my seat.

Nowadays, if I even think about leaving my driveway without my belts fastened, I feel very uncomfortable -- almost naked...

20 posted on 10/06/2009 8:19:29 AM PDT by TXnMA ("Allah": Satan's current alias...)
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To: Venturer

He was turned loose because the prosecution cheated.


21 posted on 10/06/2009 8:22:35 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: TXnMA

Yep - grew up in a pickup truck on back country roads (most of which were dirt) in East Texas. We didn’t wear seat belts and sat on the tailgate (I fell more than once from those things).

But, even my kids won’t let me put the car in drive unless I have a seat belt on. I get nervous driving through downtown traffic in Houston and Dallas, with a seat belt - I would be fit-to-be-tied if I drove through that area without it! I drive safely, teach defensive driving, etc...

But as I tell my daughters, I trust they will make good decisions; it’s those that she hangs out with that scare me! I can drive, it’s those around me that scare the H@LL out of me!


22 posted on 10/06/2009 8:28:24 AM PDT by ExTxMarine (Hey Congress: Go Conservative or Go Home!)
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To: Travis T. OJustice
If that were scientifically correct, why wouldn't race cars run bicycle tires instead of the really wide tires they use? Ever seen the rain tires use in F1? They ain't skinny for a reason!

Narrower tires do resist hydroplaning more than wider ones, all other factors (such as tread pattern and vehicle weight) being equal. F1 rain tires are a compromise because the cars are designed with a specific dry-weather tire size in mind; the expected speeds and weight on each tire is known and this data used to specify the rain-handling tread pattern.

Remember the Goodyear "Aquatread" tires? They had a deep center groove, effectively making it like two narrower tires mounted on a single wheel. There have been other tire designs following even more extreme versions of that concept.

23 posted on 10/06/2009 10:02:07 AM PDT by Charles Martel (NRA Lifetime Member since 1984; TSRA rookie)
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To: Charles Martel

You’re right about the point you are making, which isn’t what i was disputing. The aquatread tires wouldn’t work better if they were half the width, though.

The post I responded to made the claim that wider tires get less traction, which is untrue. A wider tire will hydroplane, absolutely true, but a different point. The aquatread tires have the deep center groove to channel water away from the remaining contact patch to prevent hydroplaning, but reducing the contact patch will not improve traction, whereas increasing the contact patch that can make contact with the road surface will increase traction.

The guy in the story had big mudder tires, so channelling water wouldn’t really be a problem. Wider mudder tires, while they would decrease the ground pressure, would NOT decrease traction, they would improve traction.

Basically, the wider the tire (more contact area) you can have, the more traction that tire will give you, assuming you have a groove patter that channels the water in such a way as to avoid hydroplaing.

As for the F1 cars, they are limited to the width they can use, dry or wet. When they mount the rain tires, they use the maximum allowed width. If a narrower tire were to give more traction, why would they use the max width?


24 posted on 10/06/2009 10:21:36 AM PDT by Travis T. OJustice (I can spell just fine, thanks, it's my typing that sucks.)
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To: grey_whiskers

Thats your way of looking at it. Technically he should have been forced to have a new trial.


25 posted on 10/06/2009 11:00:22 AM PDT by Venturer
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To: tlb

RIP.


26 posted on 10/06/2009 11:19:59 AM PDT by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: Venturer

“So he was turned loose , but not necessarily because he wasnt guilty?”

Or he was imprisoned despite his innocence.

“The court found that the Tarrant County District Attorney’s Office’s lead prosecutor in the case withheld evidence from Toney’s trial defense team that would have undermined the state’s case against him.”

It is possible the prosecuter should have done the time.

.


27 posted on 10/06/2009 11:29:32 AM PDT by Lurkina.n.Learnin (Waste and fraud are synonymous with gov't spending)
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To: Lurkina.n.Learnin

If that is the case, Yes.


28 posted on 10/06/2009 1:50:02 PM PDT by Venturer
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To: grey_whiskers
Yeah. Technically, he was innocent.

That hasn't been established.

29 posted on 10/06/2009 4:59:01 PM PDT by PAR35
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To: PAR35
From the story, if the prosecutor withheld evidence which would have undermined the case, and our system is "innocent until proven guilty" then *technically* he is innocent.

Cheers!

30 posted on 10/06/2009 5:17:26 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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