Friday, March 26, 2010

Statutory and Judicial definition of Manslaughter with the element of Culpable Negligence

97-3-47. Homicide; all other killings.
"Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter."

§ 97-3-25. Homicide; penalty for manslaughter.
"Any person convicted of manslaughter shall be fined in a sum not less than five hundred dollars, or imprisoned in the county jail not more than one year, or both, or in the penitentiary not less than two years, nor more than twenty years."

"Culpable negligence is defined as "the conscious and wanton or reckless disregard
of the probabilities of fatal consequences to others as a result of the wilful creation of an unreasonable risk thereof." Smith v. State, 197 Miss. 802, 816, 20 So. 2d 701, 705, (1945)."

JJ can also report there is no agreed upon sentence. That will be entirely up to Judge Green.

31 comments:

Anonymous said...

So, she may get less than 10, which is not enough. 20 would be appropriate, 40 would be spot on. What are the victim's families saying? I wonder. Do they have any say in the plea process?

Anonymous said...

So KF-how many years do you think she'll get AND how many do you think she'll serve?

Anonymous said...

My guess would be 10 yrs for each death and served concurrently and probably serve about 7 yrs or unless the state runs outr of money and let all the criminals go early.

(but I'm not a lawyer and dont know anything about this)

Anonymous said...

WAPT is saying they will cover the Karen Irby procedings live this morning at 10am. I'm not surprised by her admitting her quilt. There was no defense or excuse for her behavior. She and Stuart were both drunk and fighting in the car when she lost complete control. It's just too bad he isn't going to jail, too, because he is as quilty as she is.

Anonymous said...

Sources told 16 WAPT News Friday that Karen Irby will plead guilty to two counts of culpable negligent manslaughter.

Irby is charged with two counts of depraved heart murder and one count of aggravated assault in connection with a February 2009 car crash that killed doctors Daniel Pogue and Lisa Dedousis and injured Irby’s husband, Stuart. Depraved heart murder is causing death as a result of reckless actions.

Officials said sentencing in the case can range from two to 20 years on each count.

A hearing in the case is set for 10 a.m., just days before Karen Irby is scheduled to stand trial. WAPT and WAPT.com will provide live coverage of the hearing.

Anonymous said...

Two weeks. Judge Green should come under the media spotlight on this one. That would be the only way that Karen will serve what she deserves. Otherwise, this is just money buying influence.

Anonymous said...

What does a guilty plea do to the civil lawsuits that have been filed?

Anonymous said...

Don't abuse fair use 9:09 AM. Provide a link.

Anonymous said...

Let's hope Karen rolls on Stuart's negligence in the civil trial though I'd bet a settlement in that matter is also forthcoming.

Anonymous said...

She will serve time, maybe. And he will have to pay the lawsuit settlement, maybe. Doesn't seem enough punishment for 2 self entitled egoists to pay for snuffing out such promising young lives.

Anonymous said...

I promise not to abuse fair use as long as you promise to try not to abuse your stupid button.

http://www.wapt.com/news/22963153/detail.html

Anonymous said...

WAPT is saying they will cover the Karen Irby procedings live this morning at 10am. I'm not surprised by her admitting her quilt. There was no defense or excuse for her behavior. She and Stuart were both drunk and fighting in the car when she lost complete control. It's just too bad he isn't going to jail, too, because he is as quilty as she is.


QUILTY, huh? I think you mean GUILTY.

Anonymous said...

It is obvious your are challenged. Let me help your sorry dumbass out. Here is the link to the WAPT story.

Anonymous said...

Mercy, 9:35, whats with the unnecessary criticism and name calling? This is a freakin' blog, not a pc technology class.

Anonymous said...

Betcha they do 'time served' and use her 'mansion arrest' in Eastover as time.

Oh, she'll have to go to therapy or anger management or something stupid. And serve on a couple boards for 'community service'.

Just wonder how many paper sacks of money will change hands for all this travesty.

She needs the needle.

Anonymous said...

WJTV stream has Karen from the front.

Anonymous said...

Now live on WAPT.

Anonymous said...

9:54, you need some anger management yourself, and perhaps some mental health treatment. Not condoning Irby's actions at all, but we don't give "the needle" unless it is capital murder, you barbarian.

Anonymous said...

No anger management needed dearie.

Just justice.

No justice, no peace.

Those two doctors BURNED ALIVE. Karen's been busy getting mani/pedi's for the past year.

Justice?

Not in this country. Not if you're a rich white woman.

IF deliberately driving down a street in a neighborhood at 110+mph isn't pre-meditated murder Nothing is apparently.

No justice, no peace!

That DA has GOT to go! Obvious payoff here. Obvious to anyone that breathes air!

Anonymous said...

What a crock! Needless to say by May 11th the state's idiots will figure out a way to recommend time served and give her a medal

Anonymous said...

Good grief! She stays on house arrest and the judge said she's not to drive or drink alcohol/

She's BEEN driving! And, if drug/alcohol testing hasn't been part of her house arrest so far, then what the Hell?

And, what is this " new" case?

Anonymous said...

In the past was not driving an actual condition of House Arrest or did 'we' all think it should have been ? Was Judge Green just making sure it was covered since it may not have been specifically covered during the first go round of House Arrest ?

Anonymous said...

She admitted to having TWO glasses of wine!

Anonymous said...

The wine glasses at the JCC must be pretty big.

Anonymous said...

I wonder what the servers at JCC would say about how much she had to drink....

Anonymous said...

It doesn't count as 2 glasses if you keep filling them over and over.

Anonymous said...

It is AMAZING that her man (STUART)is not standing by his woman....It shows his backbone or lack thereof and possibly his admission of guilt..These poor children have still got to put up with the abuse from their parents that are documented in Police records...Both Stuart and Karen should move and not be accepted in our society...It appears Karen will already be moving, I just Hope I never have to cross paths with either one of these people again. Neither Karen or Stuart have come out and shown any remorse for for the SLAYING of these two fine people. They are DISGUSTING!!!!!!!!!

Kingfish said...

Stuart should've been there. I don't care if he was surrounded by bodyguards, using a walker or wheelchair, an accompanying nurse, and a couple of lawyers, he should've been there.

Anonymous said...

12:19, you have a valid point. Have either Stuart or Karen expressed regret, if not culpability, in the deaths of the doctors?

Meanwhile, back in richtown, I'm sure Karen is getting buttloads of soothing 'Oh, you poor thing!' and 'Oh, how brave you were!' for her 'ordeal' this morning. Jackson society has no shame.

Anonymous said...

dont you think there's been a deal struck...by Karen and Stuart? K takes all the blame. S will file for divorce. There will be a BIG settlement for her. The truth and the Irby story will not be spoken in open court. No light on JPD's conduct. all is folded and tied with a neat bow.

Anonymous said...

Stuart Irby is a POS for no other reason than not being there for the mother of his child. Period.

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