Motorist found guilty of 2nd degree murder in death of Long Beach girl (I was on the jury)

Long Beach Press Telegram ^

[TruthHound]

LONG BEACH -- After two days of deliberations, a jury found a Long Beach man guilty of second degree murder and four other charges in the vehicular dragging death of a 13-month-old Long Beach girl, and severely injuring her 2-year-old brother.

Neely Lejon Dinkins, dropped his head Wednesday afternoon in Long Beach Superior Court, and his family members wept as the verdicts were read. Dinkins was found guilty of murder and gross vehicular manslaughter while intoxicated in the death of 13-month-old Kaylee Alvarez and of several counts of causing gross bodily injury to Oscar Alvarez while driving drunk, and of leaving the scene of the accident.

Sentencing is scheduled for March 8.

Two special allegations of causing gross bodily injury to both Oscar and Kaylee also apply to the charges.

Jennifer Cops, the prosecuting attorney, said she hadn't added up the jail time Dinkins could face but it is substantial. She said the murder charge alone calls for a term of 15 years to life without other considerations.

The defense had argued Dinkins, who had a .20 blood alcohol content at the time of the accident, couldn't be guilty of murder because he was too drunk to know what he was doing. The legal blood alcohol limit is .08.

[wardaddy]

A drunk driver and a parent jaywalking with her children

article says they were in crosswalk...sounds like a tragedy and justice served according to law

[wardaddy]

I have lived in countries like that.

You hit something...even just a dog...you better keep going unless you want to be beaten to death

I’m not against vigilantism per se but it’s best more selective

[Gena Bukin]

Everyone deserves a defense thanks to the 6th Amendment. In some situations there is no defense, like this one. That does not mean that the Attorney should not give one.

Yep. Every defense attorney is obligated by professional conduct to provide a defense, even one that's totally absurd. If they don't defend their client, any guilty verdict could be thrown out for ineffective counsel. Nobody wants a retrial (except, perhaps, the defendant). In this way, a competent defense attorney actually aids the prosecution in reaching a verdict that will stand up under appeal. This is why the defense attorney will throw everything against the wall and see what sticks, no matter how ridiculous.

From the outside it looks like a mockery of justice but there's good reason for it. Most of the time it works. A good prosecutor will do his job and prove a truly guilty defendant guilty and because the defendant was adequately represented, this verdict has a better chance to remain in place.

[Lazlo in PA]

Good point. I forgot about the fact of a poor defense can lead in a dismissal or retrial.