220S

fwiw, it's not my argument. And it's not a puzzle. It's case law. But you aren't understanding the gist of it. There are multitudes of cases where one person performs a reckless and illegal act and yet the victim was not completely innocent. In law, there is something called "mens rea," and then there is mistake, or "absence of mental fault."

It was determined that the drivers were speeding. That was an intentional and reckless act but without malice prepense (part of the law that determines murder versus manslaughter.) Just as the man shooting the firearm. An actus reus in combination with mens rea.

This is all despite whether or not the two were actually racing illegally. Or whether the man intentionally turned against oncoming traffic. Fortunately or unfortunately, the prosecution made their case that the two were racing and the deceased was the victim of that reckless act (although making a mistake, or "absence of mental fault," and turning into traffic.)

None of this may have anything to do with what actually happened. We don't know what actually happened. But the prosecution made their case and won. Why was the plea bargain accepted? What possessed the defendant to accept the deal? That's a whole other issue that has no bearing on why the case was initially prosecuted. And if the defendant had pleading not guilty he could have done a jury trial and appealed the verdict if it went against his favor. Apparently he didn't even choose nolo contendere and instead went for the plea bargain. Somewhere along the line he felt he couldn't beat it (or his attorney told him he couldn't.)

I'm not privy to any of the details (none of us here probably really are), but simply pointed out that there is case law that covers these sort of scenarios. And case law is what's used as precedent in legal matters ("logic" of argument is what might or might not convince a jury.) That's just the way it is.

juicee63

Im not sure the plea deal was accepted.

I do not see a signed copy in the records.

Looks like the last day is June 17th 2010 ,

The reason the plea was likely accepted was because the coerced statement from Mr. Aronica that he was racing Van Brakel. This trial would have happened had the Mustang driver told the truth. Knowing he could get a lessor charge and perhaps just probation he turned. It took over a year to get Mr. Aronica to turn on Van Brakel.

State’s counsel advises that the original plea deadlines have expired, but the new plea
deadline will be March 24, 2010.
IT IS FURTHER ORDERED excluding all time from March 18, 2010 through March
24, 2010 (6 days).
NEW LAST DAY: June 17, 2010

Mr. Myers Killed a family of 5, including 3 children. How many years do you think Mr. Myers got? He was speeding 65 in a 45 and ran a red light....
http://www.azcentral.com/community/s...ow0905-ON.html
http://www.courtminutes.maricopa.gov...9/m3687037.pdf

220S

Yeah, we don't really know what's going down in this case. It may be that Van Brakel won't cop a plea after all and will take the gamble of a jury trial. But I'm sure his attorney is advising him appropriately. Also some people prefer not to go through a trial (stressful and expensive.)

In the Myers case you posted, he received 4 years probation and one year in jail with work release eligibility. His driving privileges were revoked forever (although there is usually appeal) and his court ordered restitution was a pretty high amount (almost half a million.) This doesn't preclude any civil liabilities. And that's where he'll certainly get hit big time. Both Van Brakel and Aronica will get nailed in the civil case, too.

It sounds like Aronica is the unexpected thorn for Van Brakel. Also the DA's office is using "illegal racing" as a big part of their case; it's similar to where the prosecution claims "heinous" acts such as chopping someone up instead of simply shooting them, and therefore asks for less leniency despite that murder is murder and the victim is dead either way (as in Myers' case versus Van Brakel's and Aronica's.)

Always a tough situation for everybody involved. And nobody can blame the victim's family for pursuing it. That's what we'd all do if a stranger took the life of a loved one (or that we perceived that to be the case.)

Moral of the story: let's all be safe, and just look the other way whenever challenged on the street by some idiot out to try to prove his cojones are bigger.

juicee63

Myers killed 4 more people including 3 young children?

Van Brakel was involved in an accident at near identical speeds as Myers.Unlike Myers Van Brakel had the right of way. Holman unbelted was ejected from his car after being struck by Aronica's vehicle. Holman died as a result of the ejection.

The State of Arizona knows this, the only way to get Robert on a more serious charge is to prove the DUI or the racing. Since Aronica now suddenly says he was racing , well you know the rest.

Same technology that gave away Mr. Myers speed in his Avalanche is available in the Mustang and the Mercedes.

Myers killed a family of poor immigrants, Van Brakel contributed to the death of a former Arizona law maker.

So Myer's killing 5 is less punishable than Van Brakels shared responsibility of Cal Holman death, a singular life,

220S

Josh, fwiw, I wasn't implying that Myers received what was just, but simply what he got as a comparison. The unfortunate part of these things is there are a lot of factors involved that influence outcomes: legal representation, judge's agenda at sentencing, DA's office agenda, who the victims were (like you point out, they were poor immigrants with no voice versus a well-known former lawmaker) and luck of the draw, etc..

The scales are always tipped one way or another under the myth of fairness.

slownrusty

This post was upsetting. I actually went back yesterday and did some "Searches" to see some of Bluemax's posts over the past years and he seemed to be a cool guy.

The thing is ALL of us at some time have got caught-up in some kind of street racing challenge, that you to admit. That is one reason we own 500hp AMG cars, and not a 200hp E320. It is fun and the last thing that crosses your mind is that the final outcome is going to be killing someone and being charged with (vehicular) manslaughter.

Your life can change like that...that quickly....!! And be tragically over..can you imagine Robert spending what 5 or 10 years in jail? Can you imagine the family of Mr. Holman as well. The tragedy is clearly both sides of the fence.

Roads are over crowded with in attentive drivers, roads are also full of people who own high powered cars that might know how to drive or control them..the outcome can be fatal.

A truly upsetting situation. Makes you realize how your life can change that quickly.
Yasin

pearlpower

I will be the first to say I hit an honest 150 once a week, but certainly without any substance and without anyone else on the road. Illegal yes. Cops present, nope, never. Side traffic? Only if they have have 4 legs. Anyone placed in danger-yep, me. Everyone here and I do mean everyone here has driven over the speed limit. You have been involved in exhibition of speed-even if by yourself. Yes, punching it once for the heck of it is a misdemeanor . So this guy is worse that us because he broke the law MORE than you???? He is more of a criminal that we are? Hypocrisy does not mask ignorance.

X2Board

Pearlpower: There is a time and place for everything. I've done the same thing, but out in the middle of nowhere, as in, I was probably the only human being in a 50 mile radius. Still against the law? YES! But like you, the only one in danger was me. Way different from a busy city street.

IndiumGreyE63

Yes, I would have to agree.

There were no winners. Everyone lost.

socali.luv

Total loss on all parties. Our boy Holman (who I'd like to refer as my boy "blue" - thanks Old School) decided to make that turn, and our boy Max made the decision to speed. ***** happens. Our boy blue met his maker, and unfortunately for Bluemax, people are on a mission to crucify him. I wish no ill on anyone. Lesson to be learned - live everyday to the fullest, in case ***** like this happens to you.

930chas

All around this is such a sad situation.

emoving

I hope this does not happen to any of your family members! It would be really interesting if you would blame your grandfather for pulling out in front of some dumbass doing over 70mph in a 45 zone. I think it is reasonable to assume that when he pulled out and saw the cars he assumed they were doing the speed limit. If they had been, he would have made the turn with no issues. Oh and then he had pot in his system. Sounds like a real upstanding guy. The late charge for the pot is the fact they send the blood/urin to the lab and await results. The charges are then supplemented. No stacking of charges, just the way the system works.

chiromikey

i can understand and appreciate where your coming from but it wouldn't be interesting at all if this happened to anyone. and it's NOT reasonable to assume ANYTHING (especially that holman saw oncoming traffic since he pulled in front of two cars while on his cell phone) which is why josh is reacting here. people pull out if front of traffic all the time because "they didn't see them" or thought they had the right of way. none of us know all the facts so if you feel you have enough information to pass judgment on a person that's your prerogative but it's definitely not your place to argue the case.

Gondon

He's dead because he assumed. When you drive do you make assumptions? I don't think so.

emoving

LOL...you are not that intelligent. Hes dead because he got hit by two cars in the side at over 70MPH. Had one of them not smoked weed, he would have had better reaction times, had he been doing the speed limit, he would have scrubbed enough speed to make this a very minor accident. Your argument is both juvenile and completely pathetic.

emoving

When you decide to smoke weed and drive at speeds over 70 MPH in a 45 MPH while racing a Mustang or whatever, you are acting negligent! Like people have said throughout the thread, we all have done it, hopefully we dont choose to do it in a heavily populated area, and hopefully this is a lesson for all the street racers. I had the same thing happen where a friend did a berm pass on the freeway at night not seeing a broken down truck. He killed our other friend that was a passenger. So I assume most ignorant people in this thread would blame the truck for breaking down on the berm. My friend did 12 years right after we graduated H.S. back in 88.

c32AMG-DTM

Actually, the majority of decisions one makes while driving are, at best, calculated assumptions.

Yuille36

eMoving,

I totally agree with you, if you want to race someone, then go to the track, racing on urban streets is stupid. You can't account for all the variables, pedestrians, other cars, kids etc. At least at the track, you have a clear 1/4 mile path in front of you.

chiromikey

no one is stating poor judgement wasn't a factor but mistakes were made by everyone involved and i can promise you that you don't know all the facts to be arguing the case either way. and please don't use name calling, non related scenarios, and false arguments to value emotion over facts in an attempt to convey a point...that only works with other liberals.

Gondon

Did you miss the post above where it shows weed doesn't affect reaction times and if anything makes you more cautious? the exact opposite of alcohol which makes you take risks.

There was no time to break or swerve, he just went right in-front of them. Had they been going 45mph and they were closer to the vehicle lets say he would done the same maneuver, cut them off and get t-boned at 45mph and he would flew out the car and had the same fate.

Uber Wagon

There was enough poor judgment here to go around.

There were just too many marks against BlueMax to ignore - another driver saying they were racing (who should definitely get similar punishment) to traces / evidence of marijuana to the death of a prominent and connected lawmaker. And yes - the man who died for not wearing a seatbelt - his decision likely led to this charge being one of manslaughter vs reckless / DUI.

Oftentimes when I see this stuff I say "there but for the grace of God, go I..."

And maybe when I was younger. But - he was, as they say, old enough to know better.

And this is precisely why I don't street race anymore. Too much to lose - personally, professionally, etc.

I am not aware of all the expert testimony- but that results of that impact looked much more violent that what a 45 MPH one would have been.

Uber Wagon

What - the post where you stated that little nugget of info without any cite to scientific information or empirical evidence?

Drugs lead to bad decisions. Marijuana included.

boohooramblers

+1

It appears as if the crux of this thread has been missed by some.

In less than the blink of an eye, Mr. Holman lost his life and Mr. Van Brakel's life has been destroyed - possibly for ever.

At this late stage, it is completely inconsequential to debate fault.
Erroneous turns whilst on a cellphone, or speeding/racing under the influence (if at all) mean nothing any more.
Besides, it appears as if only a select few know the real events surrounding this case - and they're not talking (for good reason).

While the death of a family member is the ultimate loss, losing a husband and a father through incarceration cannot be easy either.

I sincerely hope Mr. Van Brakel's bond with his family is strong enough to endure the next number of years (both for his mental health and his immediate family).

Good luck to you Bluemax.

K-A

Are you freakin' serious?

I gotta say, it's really a bummer that Bluemax gets hit with such strong charges while the other guy "walks" or whatever, I don't know what truly happened of course, but I think if one is seen as "innocent" enough to get whatever slap on the wrist he's getting, the other should as well.

Again, I'm at odds with myself. And a bit hypocritical considering what I've done in the past (although I would usually race in "closed" street race quarters). I just don't have much respect for those who street race in middle of freakin' *traffic*. Not to mention high/under the influence. Still, best wishes to Bluemax, unfortunately sometimes it takes a catastrophic occurrence to finally shape up, and you can only hope you get the chance to prove you've shaped up without the punishment. It just seems like he's a good guy who did some stupid stuff, which we ALL are to some degree, and in some ways.

emoving

LOL....may be we should let everyone who drives smoke weed since your argument is it makes us more aware! What planet do you live on?