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	<title>Comments on: Train Derails Near Los Angeles, At Least 9 Dead</title>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-33013</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Thu, 27 Jan 2005 11:28:56 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-33013</guid>
		<description>Kent,

Certainly, an insanity plea might be forthcoming.  Otherwise, I would think he&#039;d be found guilty of 1st degree murder. If nothing else, the felony murder rule would be in effect since he killed people in the commission of a crime.  And, since there was more than one person killed, aggravating cicumstances apply that would make it death penalty eligible in California.</description>
		<content:encoded><![CDATA[<p>Kent,</p>
<p>Certainly, an insanity plea might be forthcoming.  Otherwise, I would think he'd be found guilty of 1st degree murder. If nothing else, the felony murder rule would be in effect since he killed people in the commission of a crime.  And, since there was more than one person killed, aggravating cicumstances apply that would make it death penalty eligible in California.</p>
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		<title>By: Kent</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-33009</link>
		<dc:creator>Kent</dc:creator>
		<pubDate>Thu, 27 Jan 2005 06:47:23 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-33009</guid>
		<description>&lt;em&gt;He deserves nothing less than the most painful method of execution.
&lt;/em&gt;

I understand the outrage, but we don&#039;t execute people for involuntary manslaughter.  And, unless there is a suicide note indicating an intent to harm others, it&#039;s going to be next to impossible to prove malice aforethought.  The defense will argue that it didn&#039;t occur to the defendant that he would hurt anyone but himself -- he thought the train would plow right through his SUV.

My guess is several counts of 2nd degree murder, plea bargained down to involuntary manslaughter, perhaps to be served concurrently.  Though I would hope the prosecution would hold out for sentences to be served consecutively.

On second thought, the man was suicidal.  He&#039;ll cop an insanity plea.  No guess at the outcome.</description>
		<content:encoded><![CDATA[<p><em>He deserves nothing less than the most painful method of execution.<br />
</em></p>
<p>I understand the outrage, but we don't execute people for involuntary manslaughter.  And, unless there is a suicide note indicating an intent to harm others, it's going to be next to impossible to prove malice aforethought.  The defense will argue that it didn't occur to the defendant that he would hurt anyone but himself -- he thought the train would plow right through his SUV.</p>
<p>My guess is several counts of 2nd degree murder, plea bargained down to involuntary manslaughter, perhaps to be served concurrently.  Though I would hope the prosecution would hold out for sentences to be served consecutively.</p>
<p>On second thought, the man was suicidal.  He'll cop an insanity plea.  No guess at the outcome.</p>
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		<title>By: Alan Kellogg</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-32946</link>
		<dc:creator>Alan Kellogg</dc:creator>
		<pubDate>Wed, 26 Jan 2005 20:40:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-32946</guid>
		<description>There&#039;s a penalty worse than death. The perp has to take the place of the deceased. In all matters. He has to be financial support and emotional support. He gets to be mother, father, aunt, and uncle to the families of the deceased. All the while these families act as reminders of what he did.</description>
		<content:encoded><![CDATA[<p>There's a penalty worse than death. The perp has to take the place of the deceased. In all matters. He has to be financial support and emotional support. He gets to be mother, father, aunt, and uncle to the families of the deceased. All the while these families act as reminders of what he did.</p>
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		<title>By: Backcountry Conservative</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-32941</link>
		<dc:creator>Backcountry Conservative</dc:creator>
		<pubDate>Wed, 26 Jan 2005 19:58:01 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-32941</guid>
		<description>&lt;strong&gt;Suspect in custody in derailment&lt;/strong&gt;
KABC TV An &quot;outraged&quot; Sheriff Lee Baca said a 23-year veteran of his department was among the at least 10 people who died today as the result of train disaster along the Glendale-Los Angeles border. Two other deputies were injured,...</description>
		<content:encoded><![CDATA[<p><strong>Suspect in custody in derailment</strong><br />
KABC TV An "outraged" Sheriff Lee Baca said a 23-year veteran of his department was among the at least 10 people who died today as the result of train disaster along the Glendale-Los Angeles border. Two other deputies were injured,...</p>
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		<title>By: BigFire</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-32937</link>
		<dc:creator>BigFire</dc:creator>
		<pubDate>Wed, 26 Jan 2005 19:43:52 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-32937</guid>
		<description>I say that Los Angeles County District Attorney hand this case over to US Attorney in Los Angeles for terrorism charge.  He deserves nothing less than the most painful method of execution.</description>
		<content:encoded><![CDATA[<p>I say that Los Angeles County District Attorney hand this case over to US Attorney in Los Angeles for terrorism charge.  He deserves nothing less than the most painful method of execution.</p>
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		<title>By: B. Minich, PI</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-32936</link>
		<dc:creator>B. Minich, PI</dc:creator>
		<pubDate>Wed, 26 Jan 2005 19:31:04 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-32936</guid>
		<description>Sounds like the opening episode of this season&#039;s 24, except in that, I don&#039;t think they caught the guy who had a truck parked on the railway.

Expect the terrorists to nab Rumsfeld any minute now.  ;)</description>
		<content:encoded><![CDATA[<p>Sounds like the opening episode of this season's 24, except in that, I don't think they caught the guy who had a truck parked on the railway.</p>
<p>Expect the terrorists to nab Rumsfeld any minute now.  ;)</p>
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		<title>By: Diggers Realm</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-32933</link>
		<dc:creator>Diggers Realm</dc:creator>
		<pubDate>Wed, 26 Jan 2005 19:11:27 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-32933</guid>
		<description>&lt;strong&gt;At Least 10 Killed In Glendale Train Derailment, Deranged Man Blamed&lt;/strong&gt;
A deranged man, Juan Manuel Alvarez, 26, of Compton, apparently thinking of commiting suicide and then deciding not to, parked his SUV on some train tracks and watched as a commuter train collided with it in Glendale, California killing at...</description>
		<content:encoded><![CDATA[<p><strong>At Least 10 Killed In Glendale Train Derailment, Deranged Man Blamed</strong><br />
A deranged man, Juan Manuel Alvarez, 26, of Compton, apparently thinking of commiting suicide and then deciding not to, parked his SUV on some train tracks and watched as a commuter train collided with it in Glendale, California killing at...</p>
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		<title>By: DC Loser</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-32932</link>
		<dc:creator>DC Loser</dc:creator>
		<pubDate>Wed, 26 Jan 2005 19:07:04 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-32932</guid>
		<description>Sheesh.  Couldn&#039;t he just have crashed into a tree or something if he just wanted to kill himself??</description>
		<content:encoded><![CDATA[<p>Sheesh.  Couldn't he just have crashed into a tree or something if he just wanted to kill himself??</p>
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		<title>By: Scott_T</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-32919</link>
		<dc:creator>Scott_T</dc:creator>
		<pubDate>Wed, 26 Jan 2005 18:24:38 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-32919</guid>
		<description>News channels have reported that the driver of the car is in custody by the police.

Apparently, he was attempting suicide, then chickened out and left his car on the tracks.

Very sad.</description>
		<content:encoded><![CDATA[<p>News channels have reported that the driver of the car is in custody by the police.</p>
<p>Apparently, he was attempting suicide, then chickened out and left his car on the tracks.</p>
<p>Very sad.</p>
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		<title>By: Dave Schuler</title>
		<link>http://www.outsidethebeltway.com/archives/train_derails_near_los_angeles_at_least_9_dead/comment-page-1/#comment-32914</link>
		<dc:creator>Dave Schuler</dc:creator>
		<pubDate>Wed, 26 Jan 2005 18:01:12 +0000</pubDate>
		<guid isPermaLink="false">/?p=8976#comment-32914</guid>
		<description>In more recent reports they&#039;re saying that the car was parked deliberately athwart the tracks.  That makes it a suicide attempt.  Whether it was terrorism remains unknown.</description>
		<content:encoded><![CDATA[<p>In more recent reports they're saying that the car was parked deliberately athwart the tracks.  That makes it a suicide attempt.  Whether it was terrorism remains unknown.</p>
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