Kelvin Joseph "Person of Interest" in a Murder Investigation

p1_

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They usually don’t. The immaturity usually manifests itself in other ways:
That’s what I thought. Doesn’t bode well for KJ. Hope he learned something from this.
 

lostxn

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Because those hangers make you feel like you're king shit. They treat you like your something special. They feed the ego.
crabs-in-a-barrel
A syndrome where a group of like situated people hurt those in their community attempting to get ahead.

Often this is applied to people in an impoverished community where one person is starting to get ahead. The collective community becomes jealous or filled with a sense of self-loathing, so they find a way to pull that person back down to the community's level.
When harvesting crab, the crab as a group will pull down any crab that starts to climb out of the barrel in an attempt to be the first out of the barrel that holds them in, hence crabs-in-a-barrel.
 

Cotton

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Chocolate Lab

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My god JJT is a moron. So it's not that what Joseph did was so unacceptable, it's that he didn't start over Brown last year.
 

Cowboysrock55

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My god JJT is a moron. So it's not that what Joseph did was so unacceptable, it's that he didn't start over Brown last year.
I would hold on to him for now but he would be on very thin ice. I'd have to see how he fits in the locker room after all this and if he busts his ass or not.
 

p1_

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According to the law, he may still be guilty whether he did anything or not.

Dude needs to cooperate his ass off.
He’s already flunked the initial cooperative test.
 

Cowboysrock55

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According to the law, he may still be guilty whether he did anything or not.

Dude needs to cooperate his ass off.
I'm curious what the law is on that. You all are funky down their in Dallas if a guy can be convicted without the necessary mens rea. Like what kind of strict liability law did he violate?
 

jsmith6919

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I'm curious what the law is on that. You all are funky down their in Dallas if a guy can be convicted without the necessary mens rea. Like what kind of strict liability law did he violate?
"Joseph does not face charges at this time, though Texas law states that all persons in a vehicle in such a case could potentially face the same charges as the individuals who directly caused the fatality."

 

jsmith6919

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"Texas’ law of parties allows for accomplices to face the same charges as the person who caused the fatality.

“All traditional distinctions between accomplices and principals are abolished … and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice,” the law says.

There are many reasons prosecutors can — and often do — charge the driver of or passenger in a vehicle involved in a drive-by shooting even if that person contends they didn’t know violence would occur, said Tom Cox, a defense lawyer and former prosecutor who has practiced in Dallas County for about 30 years.


In similar cases, everyone in the vehicle might be charged for strategic purposes, Cox said. Prosecutors could agree to drop charges or plead them down to lesser offenses in exchange for a passenger’s testimony at the shooter’s trial, Cox said.


But prosecutors regularly seek convictions and lengthy sentences for other people involved in such shootings.

That’s why the law is controversial, especially in capital murder cases where the death penalty is on the table, as well as in juvenile cases, said Katherine Reed, a Dallas defense lawyer for more than a decade. Texas legislators have attempted unsuccessfully to limit the death penalty for people convicted under the law of parties.

The law of parties says that if, during an attempt to commit a felony, another felony is committed, ”all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated.” This is commonly applied in cases of fatal store robberies: One robber might not have known the other would pull the trigger, but could have reasonably assumed it was possible.

Prosecutors could argue that Joseph could have anticipated that violence would escalate when his group drove by the other group; even if the plan was just to scream at the men and one person went rogue, everyone in the SUV could be charged, Reed said."


 

ravidubey

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I'm curious what the law is on that. You all are funky down their in Dallas if a guy can be convicted without the necessary mens rea. Like what kind of strict liability law did he violate?
Same.

I've heard if the car was stolen, for example, and the driver of the stolen car kills someone that all passengers (even those who asked to be let out prior to the accident) can not only be charged with car theft but also manslaughter.

About 15 of us were rotating cars in a car caravan once driving across country and all but one of us didn't know one of the cars in our caravan had been stolen. That car was pulled over, and the driver and all passengers (just very innocent one in this case) were arrested and charged.

The law can be a bitch.
 

Cowboysrock55

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"Joseph does not face charges at this time, though Texas law states that all persons in a vehicle in such a case could potentially face the same charges as the individuals who directly caused the fatality."

So I think that's a bit of an over simplification of the law in Texas. It requires more than just being in the same car. The statue reminds me more of like a felony murder statute. 4 people go to rob a bank, one of the robbers kills someone and all 4 guys are guilty of murder. I don't think just being in a car is all that is required. It sounds like Kelvin Joseph would have to still have the intent to committ a felony with the other guys in the car.

Like I said, I just glanced quickly at the Texas Law of Parties stuff and I think there is far more to it then just, he he was in the car, he can be found guilty too.
 

ravidubey

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Like I said, I just glanced quickly at the Texas Law of Parties stuff and I think there is far more to it then just, he he was in the car, he can be found guilty too.
I think it's enough of a stick, though, to drive cooperation
 

Genghis Khan

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So I think that's a bit of an over simplification of the law in Texas. It requires more than just being in the same car. The statue reminds me more of like a felony murder statute. 4 people go to rob a bank, one of the robbers kills someone and all 4 guys are guilty of murder. I don't think just being in a car is all that is required. It sounds like Kelvin Joseph would have to still have the intent to committ a felony with the other guys in the car.

Like I said, I just glanced quickly at the Texas Law of Parties stuff and I think there is far more to it then just, he he was in the car, he can be found guilty too.

That's exactly what I was thinking. "During an attempt to commit a felony, another felony occurs."

The "during an attempt to commit a felony" is the big key. What's the original felony attempt here? I don't see it.
 

Cotton

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Simpleton

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I'd still get rid of the guy since he can't be trusted moving forward. I guess you could treat him like Gregory and plan as if he isn't part of the future and anything you get from him is found money, but I doubt the organization has that foresight.

They'll probably let Brown go next offseason and bank on this fool to start.
 
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p1_

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I'd still get rid of the guy since he can't be trusted moving forward. I guess you could treat him like Gregory and plan as if he isn't part of the future and anything you get from him is found money, but I doubt the organization has that foresight.

They'll probably let Brown go next offseason and bank on this fool to start.
I had no knowledge of his college career until recently, but his record and rep is that he’s a fuck up. And that’s coming from his LSU coaches.
 
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