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Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years
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New's Story from nola.com. Pretty unbelievable.


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"We believe the victims were just as much at fault as my client was," Hand (the defense attorney) said. "They were driving in the middle of the street in a 55 mph zone. I know the law says they can, but my client's original perception was that they were riding on the shoulder, like they probably should have been. It took him by surprise when they weren't."

However you look at it, this was a tragic situation. I feel so sorry for the family.

Some conflicting information about the sentencing:

From Nola.com:

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Vidrine also was considered for a five-year sentence in which he would serve three years and remain on probation for the final two years of a suspended sentence, Hand said. He would have had to take part in a program those final two years speaking to high school students about the dangers of distracted driving, and he was "fully willing to participate in that program," Hand said.
However, after interviewing with program administrators from the Louisiana State Police, Vidrine was deemed inappropriate for the speaking program because the collision did not occur while he was texting or making a phone call while driving.
"He had a distraction, but not the kind of distraction they were looking for," Hand said. "He wasn't texting or talking on the phone. He had a distraction, but he wasn't able to articulate what that was."

From WSBTV.com:

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Guinn says Vidrine, 34, was offered a three-year prison sentence, followed by two years of educating others about the dangers of distracted driving. Vidrine chose prison, Guinn said

From Nola.com:

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"He understood the consequences," Hand said. "He understands a man lost his life and another is injured for life, and there was a price to be paid for that. He took full responsibility for his actions."

From WSBTV.com:

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Widow Kimberly Guinn told the Atlanta Journal-Constitution that making her statement in the New Orleans courtroom was difficult enough, but made harder because Vidrine "showed no remorse. None."
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [ChrisM] [ In reply to ]
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ChrisM wrote:
And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."

Yea. I failed to quote the most (only?) pleasing part of the whole article.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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Sad story. I was there and saw the aftermath of the crash, and wish I had not. Stuck with me for quite a long time.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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kmill23 wrote:
ChrisM wrote:
And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."


Yea. I failed to quote the most (only?) pleasing part of the whole article.

The fact that he actually plead guilty to it and taking responsibility instead of dragging the family through a trial was also a positive in my book. Most people these days don't do that.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [tw1st3d5] [ In reply to ]
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I'll say it. I never see negligent homicide charges handed down in these types of cases unless the victim is somehow related to law enforcement.

Around here, that driver -might- have gotten careless driving.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [v0coder] [ In reply to ]
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I'll say it. I never see negligent homicide charges handed down in these types of cases unless the victim is somehow related to law enforcement.

Around here, that driver -might- have gotten careless driving.



I've read that Judges are often faced with a real challenge in these cases. The perpetrator is often a citizen who has never been in trouble with the law before. No criminal record and a clean driving record, if for one slip.


It's understandable that some want these folks charged with murder and put in jail for a long period of time. Others, expect some form of leniency based on the above.


Steve Fleck @stevefleck | Blog
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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...."He had a distraction, but he wasn't able to articulate what that was."

I don't understand that statement by his lawyer.[/quote]
Find out what it is in life that you don't do well, then don't
do that thing.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [Fleck] [ In reply to ]
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Fleck wrote:
I'll say it. I never see negligent homicide charges handed down in these types of cases unless the victim is somehow related to law enforcement.

Around here, that driver -might- have gotten careless driving.



I've read that Judges are often faced with a real challenge in these cases. The perpetrator is often a citizen who has never been in trouble with the law before. No criminal record and a clean driving record, if for one slip.


It's understandable that some want these folks charged with murder and put in jail for a long period of time. Others, expect some form of leniency based on the above.

I think people can see how they would do the same thing and hope they wouldn't go to jail. And I can see how jail may not be much use. But there has to be some way to punish people and deter people from driving carelessly. When I start my own kingdom I will install a system of indentured servitude towards the family that has suffered the loss.

I'm beginning to think that we are much more fucked than I thought.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [pattersonpaul] [ In reply to ]
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pattersonpaul wrote:
...."He had a distraction, but he wasn't able to articulate what that was."

I don't understand that statement by his lawyer.

I guessing he just sort of zoned out or was lost in thought. That is the scary thing about riding on the roads because every driver zones out every now and then.

Or maybe he saw a hot chick in another car.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [torrey] [ In reply to ]
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From an earlier report from a witness (cyclist)
"According to the incident report, Vidrine could have merged into a vacant left lane to pass the cyclists, in compliance with state law, but instead plowed into them from behind at such a high rate of speed the riders were thrown into his windshield and over the car"

Also, he was driving on a suspended license


Odd that they did not disclose the distraction
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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I am not familiar with this situation.

I read that the driver was on a suspended license and had a long list of traffic violations. They allude to the fact that he was distracted while driving when he killed Mr. Guinn. What was he doing?
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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kmill23 wrote:
ChrisM wrote:
And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."


Yea. I failed to quote the most (only?) pleasing part of the whole article.

Nothing "pleasing" about it, really. He didn't receive the beating because of what he did, he likely received it because he either tried to fend of rapists (and likely lost) or because of some perceived jailhouse slight. The guy has received what I perceive to be a fair sentence. Cheering for a jailhouse beating is not exactly becoming.

Chicago Cubs - 2016 WORLD SERIES Champions!!!!

"If ever the time should come, when vain and aspiring men shall possess the highest seats in government, our country will stand in need of its experienced patriots to prevent its ruin." - Samuel Adams
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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Pretty low blow here, though.

"We believe the victims were just as much at fault as my client was," Hand said. "They were driving in the middle of the street in a 55 mph zone. I know the law says they can, but my client's original perception was that they were riding on the shoulder, like they probably should have been. It took him by surprise when they weren't."

When driving aren't you supposed to be ready for "surprises?" This is where lawyers being lawyers just comes off so badly, not sure that statement was warranted." That being said I recognize that the man took responsibility for his actions, and that I'm sure that day will deeply trouble him.

The gravity of the situation really hit me when it read "he leaves behind triplets." So sad.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [Power13] [ In reply to ]
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Power13 wrote:
kmill23 wrote:
ChrisM wrote:
And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."


Yea. I failed to quote the most (only?) pleasing part of the whole article.


Nothing "pleasing" about it, really. He didn't receive the beating because of what he did, he likely received it because he either tried to fend of rapists (and likely lost) or because of some perceived jailhouse slight. The guy has received what I perceive to be a fair sentence. Cheering for a jailhouse beating is not exactly becoming.

Get over yourself. Obviously I wasn't being straight-faced serious.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [Cyronman] [ In reply to ]
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Cyronman wrote:

Pretty low blow here, though.

"We believe the victims were just as much at fault as my client was," Hand said. "They were driving in the middle of the street in a 55 mph zone. I know the law says they can, but my client's original perception was that they were riding on the shoulder, like they probably should have been. It took him by surprise when they weren't."

When driving aren't you supposed to be ready for "surprises?" This is where lawyers being lawyers just comes off so badly, not sure that statement was warranted." That being said I recognize that the man took responsibility for his actions, and that I'm sure that day will deeply trouble him.

The gravity of the situation really hit me when it read "he leaves behind triplets." So sad.

Attorney's doing what attorney's do. Basically saying "I know they were following the law, they just shouldn't have been". Leave it to a lawyer to contradict their own profession.

_________________________________
The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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kmill23 wrote:
Power13 wrote:
kmill23 wrote:
ChrisM wrote:
And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."


Yea. I failed to quote the most (only?) pleasing part of the whole article.


Nothing "pleasing" about it, really. He didn't receive the beating because of what he did, he likely received it because he either tried to fend of rapists (and likely lost) or because of some perceived jailhouse slight. The guy has received what I perceive to be a fair sentence. Cheering for a jailhouse beating is not exactly becoming.


Get over yourself. Obviously I wasn't being straight-faced serious.

Uh-huh......

Chicago Cubs - 2016 WORLD SERIES Champions!!!!

"If ever the time should come, when vain and aspiring men shall possess the highest seats in government, our country will stand in need of its experienced patriots to prevent its ruin." - Samuel Adams
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [Jon h] [ In reply to ]
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Jon h wrote:
What was he doing?

Like someone else said it could have been any little thing.

We like to all get up in arms and self righteous when these things happen but we've all driven while distracted. It's just then he did it, in this instance there were two cyclists in the road. It could have been you or I behind the wheel at the time.

This brings up all sorts of ideas to me, for one thing, if he had been texting - then he would have gotten out of prison two years earlier? What the hell? If you kill someone while texting it's not as bad as if you kill someone while rocking out to the radio?

In Maryland bicycles can only be operated on the shoulder of a roadway which has a speed limit of more than 50 mph. http://apps.roads.maryland.gov/.../acom_bike_laws1.pdf

I think this used to be more than 40 mph and from way back when I took driver's ed in Louisiana I thought it was the case there as well, I guess I am confused or it changed. At any rate, in Maryland it would be illegal for us to ride in the lane of a 55 mph road. That's one I agree with.

And lastly, why does a victim impact statement matter? Yes I'm sure it changed their lives, of course it did, but does that make it worse than if the victim had been a single person with no living relatives or dependents?

This is sad all around.
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [Power13] [ In reply to ]
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Power13 wrote:
kmill23 wrote:
Power13 wrote:
kmill23 wrote:
ChrisM wrote:
And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."


Yea. I failed to quote the most (only?) pleasing part of the whole article.


Nothing "pleasing" about it, really. He didn't receive the beating because of what he did, he likely received it because he either tried to fend of rapists (and likely lost) or because of some perceived jailhouse slight. The guy has received what I perceive to be a fair sentence. Cheering for a jailhouse beating is not exactly becoming.


Get over yourself. Obviously I wasn't being straight-faced serious.


Uh-huh......

Glad you understand. :-)
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [torrey] [ In reply to ]
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torrey wrote:
I guessing he just sort of zoned out or was lost in thought. That is the scary thing about riding on the roads because every driver zones out every now and then.
Some much more than others.


http://www.jt10000.com/
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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [kmill23] [ In reply to ]
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kmill23 wrote:
Power13 wrote:
kmill23 wrote:
Power13 wrote:
kmill23 wrote:
ChrisM wrote:
And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."


Yea. I failed to quote the most (only?) pleasing part of the whole article.


Nothing "pleasing" about it, really. He didn't receive the beating because of what he did, he likely received it because he either tried to fend of rapists (and likely lost) or because of some perceived jailhouse slight. The guy has received what I perceive to be a fair sentence. Cheering for a jailhouse beating is not exactly becoming.


Get over yourself. Obviously I wasn't being straight-faced serious.


Uh-huh......


Glad you understand. :-)

I took it the same way he did, that you were cheering because he got a beatdown.

John



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Re: Driver who Killed Atlanta Ironman Cyclist and Fireman (Frank Guinn) Sentenced to 5 1/2 Years [Devlin] [ In reply to ]
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Devlin wrote:
kmill23 wrote:
Power13 wrote:
kmill23 wrote:
Power13 wrote:
kmill23 wrote:
ChrisM wrote:
And then there's this:

"Vidrine appeared in court Friday barely able to speak because of facial injuries sustained inside the notorious lockup, Hand said."


Yea. I failed to quote the most (only?) pleasing part of the whole article.


Nothing "pleasing" about it, really. He didn't receive the beating because of what he did, he likely received it because he either tried to fend of rapists (and likely lost) or because of some perceived jailhouse slight. The guy has received what I perceive to be a fair sentence. Cheering for a jailhouse beating is not exactly becoming.


Get over yourself. Obviously I wasn't being straight-faced serious.


Uh-huh......


Glad you understand. :-)


I took it the same way he did, that you were cheering because he got a beatdown.

John

Well, I apologize. I took time to read, consolidate important points, and highlight differences from two articles, while intentionally leaving out that part. My comment was meant to be tongue-in-cheek. However, since I've obviously offended Mr. Power13, I'll bow to the politically-correct crowd and state my honest opinion: Nothing about an inmate receiving a prison beat-down is 'pleasing.'

Now, can we all be friends? :-D
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