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post #1 of 22 (permalink) Old 08-02-2005, 08:59 AM Thread Starter
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MURDER

WHY WOULD YOU DRIVE A VEHICLE WITH NO BRAKES...hope they get her.

"It's a difficult concept for many people to see a vehicle as a weapon."
Kimberly Overton,
traffic safety resource prosecutorGREENSBORO -- How culpable should you be if your lack of vehicle maintenance causes a fatal car crash?

Guilford County prosecutors are calling it murder.

A McLeansville woman is on trial this week for second-degree murder after she lost control of her minivan on Interstate 40 and plowed into a New York couple's motorcycle, killing the passenger.

Prosecutors are expected to argue that Hope M. Barker, 44, knowingly drove the minivan with no working brakes on the day of the crash and thus acted with such recklessness to warrant a murder conviction.

Her defense attorney, John Nieman, disputed that on Monday, telling jurors that the charge is "an unprecedented attempt by the state to convict someone of second-degree murder with no impaired driving" or evidence of reckless driving.

An official with the N.C. Conference of District Attorneys said Monday that it's rare for state prosecutors to pursue murder charges in similar cases when a driver is not impaired by alcohol or drugs.

Most people think of murder as killing someone with a knife or gun, said Kimberly Overton, traffic safety resource prosecutor with the conference.

"It's a difficult concept for many people to see a vehicle as a weapon," she said.

She said it's very hard for prosecutors to prove a driver acted with malice, a key element for second-degree murder, especially when the case does not involve impaired driving.

It's been done successfully before, however, A man was convicted of second-degree murder in Bladen County in 2003 after a county sheriff's deputy died in a car crash during a high-speed chase of the defendant. The N.C. Court of Appeals upheld the conviction last December.

Barker was not fleeing the police on July 18, 2003, but driving west on Interstate 40 headed for Four Seasons Town Centre. According to trial testimony, traffic began slowing near the Lee Street exit about 2:15 p.m. Witnesses saw Barker's 1986 Toyota minivan dip forward or go on two wheels, as if she was hitting the brakes. The minivan then veered sharply to the left across traffic into the guardrail before shooting back across the lanes.

Lawrence E. Moyer had come to a stop on his Harley-Davidson in the freeway's center lane when he heard his wife riding in the seat behind him say, "Oh, my God." They saw the minivan coming right at them.

The impact of the crash tossed Moyer's wife, Florence, into the air, and knocked him and the bike down, witnesses said.

"I was sure I had seen a fatality," witness Dr. Mark Rebeck testified Monday.

But the minivan continued on without stopping, turning off at the Lee Street exit. Rebeck and a truck driver followed it to get the license plate information, which they relayed to police.

Police tracked down Barker at her home at 5748 Bethel Church Road, Apt. 1, and arrested her.

The Moyers were taken to Moses Cone Hospital, where Florence Moyer, 60, died a week later.

In addition to second-degree murder, Barker was eventually charged with felony hit and run, assault with a dangerous weapon inflicting serious injury and driving while her license was revoked.

Prosecutors on Monday did not yet address the condition of Barker's brakes at the time of the crash.

A civil lawsuit filed against her, however, claims that she was driving 65 mph without working brakes and tried to use her parking brake to stop the minivan. Her brake warning indicator lights were also illuminated, claims the suit, which is pending in Guilford County Superior Court.


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post #2 of 22 (permalink) Old 08-02-2005, 09:24 AM
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the bitch!!!!


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post #3 of 22 (permalink) Old 08-02-2005, 09:39 AM
 
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You know its an accident... she didn't go out that day and say let me run over some people on a motorcycle. I lost a Friend and his GF, becuase of a stuck throttle... Now I know its different than brakes but if he were to have killed someone with the truck that wouldn't stop, should they have locked him up?
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post #4 of 22 (permalink) Old 08-02-2005, 09:42 AM
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Quote:
Originally Posted by Steve04R1
You know its an accident... she didn't go out that day and say let me run over some people on a motorcycle. I lost a Friend and his GF, becuase of a stuck throttle... Now I know its different than brakes but if he were to have killed someone with the truck that wouldn't stop, should they have locked him up?
If he knew that the vehicle was dangerous to drive because the throttle was sticking....then yes. You didn't say if he was aware of the problem prior to driving it or not...


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post #5 of 22 (permalink) Old 08-02-2005, 09:50 AM
 
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I see... no he wasn't aware..... but I need brakes right now....that doesn't mean I am out to murder someone....
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post #6 of 22 (permalink) Old 08-02-2005, 10:09 AM
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Quote:
Originally Posted by Steve04R1
You know its an accident... she didn't go out that day and say let me run over some people on a motorcycle. I lost a Friend and his GF, becuase of a stuck throttle... Now I know its different than brakes but if he were to have killed someone with the truck that wouldn't stop, should they have locked him up?
They're suggesting that she knew the brakes were inop prior to driving and that she went anyways.
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post #7 of 22 (permalink) Old 08-02-2005, 10:21 AM Thread Starter
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regardless, if you KNOW your brakes are bad and go anyway. i'd suggest it's murder. you don't take something you KNOW isn't road worthy out on the road. Thats the same as if a tree that is obviously dying in your yard falls and hits a neighbors house you're liable. now if the tree looked healthy and it could be reasonably proven you couldn't/didn't know then you're not liable.

i agree she should be charged ONLY if they can prove she knew it wasn't road worthy


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post #8 of 22 (permalink) Old 08-02-2005, 10:25 AM
 
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What the fuck...... Do you get on your hands and knees and inspect your brakes everytime you get on the road. I KNOW my brakes need to be replaced... have I done it yet no. Do I know when they will go out? No!

Your talking about something that someone would never be able to tell. Unless they removed their tire and do an inspection. Some newer vehicles let you know that you need to do your brakes...

In the case that its a woman... I mean come on.

Rest In Peace to those that have passed... But a lady who didn't do her brakes...yet and something unfortunate happend...doesn't mean she should fry.
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post #9 of 22 (permalink) Old 08-02-2005, 10:42 AM Thread Starter
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fading brakes and going out are two diff things. they would have to prove they were TOAST. which they could do if she had an apt to get them fixed and told them they are gone then after the crash they notice she barely has pads and they have ate through her rotors. i mean they are gonna have to prove gross negligence. i'm sure they are gonna have to prove it was BAD. not like you have. they will have to prove anyone with common sense would have fixed them WAY before this


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post #10 of 22 (permalink) Old 08-02-2005, 10:52 AM
 
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Agreed!
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post #11 of 22 (permalink) Old 08-02-2005, 12:05 PM
 
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post #12 of 22 (permalink) Old 08-02-2005, 08:58 PM
 
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Murderer! And than she fuckin bails,,,
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post #13 of 22 (permalink) Old 08-02-2005, 09:02 PM
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complete lack of intent... it's manslaughter... it's fucking retarded, but still manslaughter

edit: or your backward countries equivalent... murder 2 or whatever

prejudices are what fools use for reason
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post #14 of 22 (permalink) Old 08-02-2005, 09:03 PM
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Quote:
Originally Posted by Steve04R1
You know its an accident... she didn't go out that day and say let me run over some people on a motorcycle. I lost a Friend and his GF, becuase of a stuck throttle... Now I know its different than brakes but if he were to have killed someone with the truck that wouldn't stop, should they have locked him up?
bullshit steve, she hit and then fled. if my wife and kids(boy and girl) were EVER killed in a traffic accident i would kill on the spot whoever did it no matter what the reason or circumstances.
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post #15 of 22 (permalink) Old 08-03-2005, 09:28 AM
 
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I didn't know she fled..I didn't read the whole thing through... That she should be fried for... My mistake for not completly reading it
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post #16 of 22 (permalink) Old 08-03-2005, 09:30 AM
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Quote:
Originally Posted by Steve04R1
I didn't know she fled..I didn't read the whole thing through... That she should be fried for... My mistake for not completly reading it



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post #17 of 22 (permalink) Old 08-03-2005, 09:34 AM
 
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Blow me! :offsett
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post #18 of 22 (permalink) Old 08-03-2005, 09:35 AM Thread Starter
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damn snair, you talking just if there was some gross negligence i hope? an accident is an accident. i mean what if your wife had something happen and missed a stop sign and hit someone and killed them. still an accident and could happen. hope it never does, but i'm just saying.

now if it was a drunk driver or something dumb...i think i'd rearrange the persons face before the cops came. but an accident is just...well an accident and very tragic/sad


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post #19 of 22 (permalink) Old 08-03-2005, 10:17 AM
 
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but bro she ran from the accident
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post #20 of 22 (permalink) Old 08-03-2005, 02:31 PM Thread Starter
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yah if she ran i could see it. but he said he'd kill anyone that got in an accident and killed some of his family members. an accident is an accident, but if she ran now...that's not your normal accident.


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