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Aldon Smith, D. Walker allegedly fired weapon towards people
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Flaccomania


Joined: 12 Aug 2008
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PostPosted: Wed Sep 04, 2013 10:17 am    Post subject: Reply with quote

diamondbull424 wrote:
TwoToneBlue wrote:
sp6488 wrote:
TwoToneBlue wrote:

Does the fact that he filed civil charges instead of criminal charges signify that he is just after money? Or would there be another reason?


Injuries sustained I would think, unless you consider that under "after money" in and of itself.


What does that mean? He is only asking for the money for his medical bills? Honestly that would shock me if that was all that was being asked for.

It wouldn't just be for the medical bills. If he were seriously injured due to the shooting, he'd also be asking for payment for a career he might no longer have the ability to pursue. So if he were a construction worker making 35k a year, Smith might be responsible for paying that amount times however many years. Plus the medical bills obviously.


Yep. In addition, more than likely, he'd ask for money for things like "Pain and Suffering" (meaning obviously the pain/suffering from the injury itself as well as recovery time due to it), any mental issues he may claim he now has (issues related to a traumatic experience), etc. It will certainly all add up to be quite a bit amount, and not necessarily because of the complainant, but rather the lawyer. The lawyer knows what they can/can't file for and get, and they will certainly go with the most they can get away with.
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patman


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PostPosted: Wed Sep 04, 2013 12:08 pm    Post subject: Reply with quote

I, like some of the previous posters have stated, look with suspicion on civil trials when no criminal charges have been filed. Except in the case of sexual assault as the woman's past can not be introduced as it can be in a criminal trial.

But what some people have informed me that suing for damages in not considered "snitching" as the defendant has a choice to compensate. As long as he compensates the victim who keeps his mouth shut and no criminal charges can be filed given lack of testimony.
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sp6488


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PostPosted: Wed Sep 04, 2013 12:21 pm    Post subject: Reply with quote

patman wrote:
I, like some of the previous posters have stated, look with suspicion on civil trials when no criminal charges have been filed. Except in the case of sexual assault as the woman's past can not be introduced as it can be in a criminal trial.

But what some people have informed me that suing for damages in not considered "snitching" as the defendant has a choice to compensate. As long as he compensates the victim who keeps his mouth shut and no criminal charges can be filed given lack of testimony.


Could the counselor please advise the court how that would not conflict with the precedent set in the 1995 supreme court landmark snitching ruling?
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Ataal


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PostPosted: Wed Sep 04, 2013 12:59 pm    Post subject: Reply with quote

Here's one of the original stories, dating back to July of 2012: http://espn.go.com/nfl/story/_/id/8117350/san-francisco-49ers-aldon-smith-suffers-minor-injuries-stab-wounds-reports-say\

Quote:

"It was a chaotic scene," Cardoza said. "There was a lot of commotion, and no one knows where the gunshots came from."


A case of not having asked the gunshot victims yet?

A case of targeting someone with enough money to actually pay out in a civil case?

I don't know. If I got shot by someone, I'd press charges. If I just wanted to get paid, I'd have my lawyer contact their lawyer and work out a settlement. And, any high profile person would pay that settlement in a heartbeat. A civil lawsuit makes no sense to me.
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Flaccomania


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PostPosted: Wed Sep 04, 2013 1:05 pm    Post subject: Reply with quote

Ataal wrote:

I don't know. If I got shot by someone, I'd press charges. If I just wanted to get paid, I'd have my lawyer contact their lawyer and work out a settlement. And, any high profile person would pay that settlement in a heartbeat. A civil lawsuit makes no sense to me.


And if you think you can get more money via a lawsuit than they are willing to settle at?
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Ataal


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PostPosted: Wed Sep 04, 2013 1:12 pm    Post subject: Reply with quote

Flaccomania wrote:
Ataal wrote:

I don't know. If I got shot by someone, I'd press charges. If I just wanted to get paid, I'd have my lawyer contact their lawyer and work out a settlement. And, any high profile person would pay that settlement in a heartbeat. A civil lawsuit makes no sense to me.


And if you think you can get more money via a lawsuit than they are willing to settle at?


High profile people tend to pay whatever they're asking, though, 9 times out of 10. If, for some reason, the amount is a ridiculous number, then the victim's lawyer is either just trying to make a name for themselves or is completely out of his/her league. These types of lawsuits are career ending for most lawyers, not the other way around. Any competent judge will see right through this kind of thing.
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Cali2Wisco


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PostPosted: Wed Sep 04, 2013 1:20 pm    Post subject: Reply with quote

Your move Seattle
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Nihc


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PostPosted: Wed Sep 04, 2013 1:21 pm    Post subject: Reply with quote

People should really stop with the legal analysis if they don't know what they're talking about.
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Flaccomania


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PostPosted: Wed Sep 04, 2013 1:49 pm    Post subject: Reply with quote

Ataal wrote:
Flaccomania wrote:
Ataal wrote:

I don't know. If I got shot by someone, I'd press charges. If I just wanted to get paid, I'd have my lawyer contact their lawyer and work out a settlement. And, any high profile person would pay that settlement in a heartbeat. A civil lawsuit makes no sense to me.


And if you think you can get more money via a lawsuit than they are willing to settle at?


High profile people tend to pay whatever they're asking, though, 9 times out of 10. If, for some reason, the amount is a ridiculous number, then the victim's lawyer is either just trying to make a name for themselves or is completely out of his/her league. These types of lawsuits are career ending for most lawyers, not the other way around. Any competent judge will see right through this kind of thing.


It really all depends on what dollar number they are looking for. Some players are more stubborn than others. If this guy is looking $1m, they may not be as willing to just say "Ok, let's settle for that." But, if this guy now is unable to work, has medical bills, and is unable to do certain things that he once enjoyed, he certainly will be entitled to quite a large compensation, which very well could fall outside the range that the athlete was willing to just settle with.
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Silver&Black88


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PostPosted: Wed Sep 04, 2013 2:33 pm    Post subject: Reply with quote

Putting the money aspect (which I think is the probably the source of this situation) aside, what if the victim is just trying to mess with Smith? Waiting to go after him during the regular season is a good start for someone possibly looking for some sort of payback (more than just monetary).

I think it is all about the money but this is just another thought I had.
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ninerfanwheelz


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PostPosted: Wed Sep 04, 2013 2:52 pm    Post subject: Reply with quote

simonwayne wrote:
Oh man, and Justin Houston was labeled as a risky pick because of character concerns since he tested positive for Marijuana. (he says he only did it once IIRC) Meanwhile Houston has been nothing but classy and a beast on the field as well.

Just goes to show how hard it is to predict the character of some of these players


You believe him that he only did it once? I mean I get it, I was totally expecting him to admit every single time he's ever smoked Laughing Laughing Laughing


I'm not really sure why you brought Justin Houston into this thread though, is there a Chiefs defense talk quota I'm not aware of?
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hawkman98272


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PostPosted: Wed Sep 04, 2013 2:57 pm    Post subject: Reply with quote

neezy007 wrote:
49ersfan wrote:
TheKillerNacho wrote:
Why does the thread title list Aldon but not Delanie? ... It seems Delanie was the one actually firing shots at people................


If its true, but yes allegedly Aldon was the one firing into the air, and Delanie was the one firing "at" people...

And you never truly know, but that doesn't sound like Delanie at all. Dude was pure class through and through. Never heard a bad thing about him in his entire 49er tenure.


To add to that guns can have a pretty nice kick to them depending on the caliber. You expect me to believe Delanie Walker is going to hold onto a gun while firing multiple shots? No chance he would be bobbling that thing after the first shot.
Not really...I shot a 357 with almost no kick. If he fired anything similar to that, I'm sure he'd be able to have a lot more resistance to it and fire more. I also doubt he fired something that high of a caliber, making it that much more likely that he could fire multiple bullets.
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ninerfanwheelz


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PostPosted: Wed Sep 04, 2013 2:57 pm    Post subject: Reply with quote

Broncos_OTM wrote:
What's funny is miner fans were just the other week how Aldon >>>>>>>miller.... I know Denver has been extremely rough on miller. Let's see what miners fans do. Truley ironic


Not saying Aldon is innocent, but let's let this play out first please. People have a right to be hesitant about this story
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I hear within 5 years the fans at Jags games will be able to vote via Twitter on the in-game playcalls.
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simonwayne


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PostPosted: Wed Sep 04, 2013 2:58 pm    Post subject: Reply with quote

ninerfanwheelz wrote:
simonwayne wrote:
Oh man, and Justin Houston was labeled as a risky pick because of character concerns since he tested positive for Marijuana. (he says he only did it once IIRC) Meanwhile Houston has been nothing but classy and a beast on the field as well.

Just goes to show how hard it is to predict the character of some of these players


You believe him that he only did it once? I mean I get it, I was totally expecting him to admit every single time he's ever smoked Laughing Laughing Laughing


I'm not really sure why you brought Justin Houston into this thread though, is there a Chiefs defense talk quota I'm not aware of?


Von Miller and Aldon Smith both didn't have character concerns going into the draft IIRC. Houston was a 1st round prospect who dropped because of those very things.

All 3 are top young LBers now but it would be interesting if this Smith issue is serious, and if Miller gets in trouble again (1 year suspension) then Houston would be the best of the 3 because of his ability to stay on the field and out of trouble.
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ninerfanwheelz


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PostPosted: Wed Sep 04, 2013 3:00 pm    Post subject: Reply with quote

hawkman98272 wrote:
neezy007 wrote:
49ersfan wrote:
TheKillerNacho wrote:
Why does the thread title list Aldon but not Delanie? ... It seems Delanie was the one actually firing shots at people................


If its true, but yes allegedly Aldon was the one firing into the air, and Delanie was the one firing "at" people...

And you never truly know, but that doesn't sound like Delanie at all. Dude was pure class through and through. Never heard a bad thing about him in his entire 49er tenure.


To add to that guns can have a pretty nice kick to them depending on the caliber. You expect me to believe Delanie Walker is going to hold onto a gun while firing multiple shots? No chance he would be bobbling that thing after the first shot.
Not really...I shot a 357 with almost no kick. If he fired anything similar to that, I'm sure he'd be able to have a lot more resistance to it and fire more. I also doubt he fired something that high of a caliber, making it that much more likely that he could fire multiple bullets.


Yeahhhh you missed the joke
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I hear within 5 years the fans at Jags games will be able to vote via Twitter on the in-game playcalls.
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