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Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 8 years ago

can he face life in prison for killing my cousin? please help?

An 18-year-old woman died from injuries in a rollover early Sunday near Gates Pass after two vehicles were involved in a drag race, authorities said.

Marymar Martinez-Duran died at University of Arizona Medical Center-University Campus after she was injured in the incident about 1:30 a.m., said authorities.

William Pina, the driver of one car, was carrying four passengers, including Martinez-Duran, and Lucero Leon, Dora Ramirez and Jose Collazo, said Deputy Renee Carlson, a Pima County Sheriff’s Department spokeswoman.

Ricardo Sarmiento was the driver and only occupant of the second vehicle, Carlson said.

The group had been with friends who were drinking at a lookout in Gates Pass, Carlson said.

While driving back into the city heading east on Gates Pass Road toward Speedway, Pina and Sarmiento began drag racing. Sarmiento’s vehicle was traveling at more than 80 mph in a 35 mph zone, said Carlson.

Pina crossed the center yellow line in a no passing zone, and was going around the other vehicle, Carlson said.

Sarmiento and Pina both lost control of their vehicles and left the roadway traveling through brush before coming to a stop, Carlson said.

Pina’s vehicle rolled, said Capt. Adam Goldberg of Northwest Fire District. When paramedics arrived, they learned that by-standers had removed Martinez-Duran, who was trapped inside Pina’s vehicle, Goldberg said.

Paramedics treated Martinez-Duran, Leon and Ramirez before transporting them to the hospital, said Goldberg.

Martinez-Duran was pronounced dead at the hospital. Leon and Ramirez were in stable condition at the hospital, Carlson said.

Pina and Sarmiento were not injured, Goldberg said.

Pina was arrested and booked into the Pima County jail on suspicion of manslaughter, aggravated assault, endangerment and DUI, said Carlson.

Sarmiento has not been charged. The investigation is continuing and additional criminal charges are expected, Carlson said.


RIP Mary i miss you cousin.. :'(

5 Answers

  • 8 years ago
    Favorite Answer

    " Constructive manslaughter

    Constructive manslaughter is also referred to as ‘unlawful act’ manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.

    For example, a person who runs a red light in their vehicle and hits someone crossing the street could be found to intend or be reckless as to assault or criminal damage (see DPP v Newbury[3]). There is no intent to kill, and a resulting death would not be considered murder, but would be considered involuntary manslaughter. The accused's responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act.

    [edit] Criminally negligent manslaughter

    Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.

    It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.

    Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako).

    [edit] Vehicular or intoxication manslaughter

    In some jurisdictions, such as the United States, there exists the specific crime of Vehicular or intoxication manslaughter. "

    yes the accused can do time for the death resulting from the street racing incident as he was travelling at an extremely excessive speed regardless of the danger it posed to his passengers and or the general public

    personally i feel the relatives of the deceased should not be permitted to pursue a civil suit because the deceased was with the driver by his own choice and should take responsibility for his bad decision. placing your life in the hands of an irresponsible driver is sheer stupidity

    of course they will likely proceed with such a suit any how trying to lay all the blame with the driver which is nonsense

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  • 4 years ago

    Sounds like he's going to be long past for a at the same time. As a long way because the $ should you cannot find the money for it do not ship him any. What do you owe him. Most prisions have jobs the immates can follow for for a small salary for remedy units. Other than that the state will supply him the whole thing he demands compliments of the NC taxpayers.

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  • Greg
    Lv 6
    8 years ago

    Manslaughter means that the person did not intend to kill a person, but a reasonable person would believe the act could result in death. In most states manslaughter convictions face a maximum of 20 years in prison.

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  • 8 years ago

    I'm not an attorney and therefore can't make any kind of judgment on this or any case.

    What your cousin's parents need to do is see an attorney and ask the attorney who they should press charges against. The attorney will advise further.

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  • Cee
    Lv 7
    8 years ago

    Manslaughter, speeding, DUI and reckless endangerment.

    Two to four years, I'm guessing.

    ...I'm sorry for your loss.

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