Sometimes a Jury Goes a Bit Too Far

Discussion in 'Off-topic' started by Nemo, May 23, 2018.

  1. Nemo

    Nemo Man of Myth and Legend

    12,808
    818
    113
    And I suspect a motion to reduce the damages, new trial or whatever is appropriate in Ga will be granted.

    Nemo


    https://www.msn.com/en-us/news/crim...ar1-billion-after-guard-rapes-teen/ar-AAxI4l2




     
  2. Smilodon

    Smilodon Active Member

    697
    40
    28
    The only thing that doesn't make sense to me are the charges he was convicted of. If a armed guard raped a woman I would expect them to be convicted of more than statutory rape and child molestation.
     

  3. zetor

    zetor Gaston beat up John

    2,766
    168
    63
    I don't know how much they knock down sentences, but if it's like haggling over a new heat pump, they are probably only looking at about 950,000,000 with a cash discount.
     
  4. Nemo

    Nemo Man of Myth and Legend

    12,808
    818
    113
    Defendant is serving a 20 year prison sentence.

    The billion dollar civil judgement was against the company that employed the defendant who did not meet state requirements for licensing and carrying a weapon.

    Nemo
     
    Adam5 likes this.
  5. Smilodon

    Smilodon Active Member

    697
    40
    28
    I got that part. The story reads like the guard forced her boy friend to watch while he raped her. The statutory rape conviction makes it look like he may have had consensual sex with a underage girl. I just wonder what really happened.
     
  6. moe mensale

    moe mensale Well-Known Member

    12,605
    1,703
    113
    Where the hell was everybody else at this "party?"
     
  7. Nemo

    Nemo Man of Myth and Legend

    12,808
    818
    113
    But assuming it was a rape, what is proper compensation?

    Nemo
     
  8. moe mensale

    moe mensale Well-Known Member

    12,605
    1,703
    113
    The lawsuit was filed in 2015. The guard company was dissolved in 2016. Who is the judgement going to apply against? I don't think the former owner is liable unless it can be shown he shut the company down in anticipation of avoiding a judgement. He could appeal the judgement but I don't see how a dissolved entity could legally do that.
     
    Last edited: May 24, 2018
  9. moe mensale

    moe mensale Well-Known Member

    12,605
    1,703
    113
    Maybe a billion dollars was to make a point by the jury for what they saw as a grievous crime. Or maybe the jury was just a bunch of morons.
     
  10. NTA

    NTA Well-Known Member

    7,270
    129
    63
    Court money judgements, feel good stuff when there's no assets to go after.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,428
    113
    Actually, you can shut a company down just because of an impending judgment. There is nothing at all wrong with that. You just cannot transfer assets to avoid a judgment. So if a company does not have much in the way of assets, you can shut it down and let the judgment creditor (and all other company creditors) collect whatever assets are available. There is no obligation to keep the company operating.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,428
    113
    You can even start a new company - even a new guard company, so long as you do not use assets from the former company.

    Most persons cannot do this, however, as the temptation to use the former's company's assets to start the new company proves too strong.
     
  13. Wegahe

    Wegahe NRA Instructor

    3,256
    523
    113
    Then he may have had to shut down because of armed guards without the proper license. Abut the only assets he would have had were uniforms (mostly leased from a supply co.?) the employees may have been required to furnish their own equipment (firearms, duty gear or whatever). Maybe a leased office building and office equipment. In the end there may not be much to go after anyway. So they are automatically instant billion airs on paper. I wish them all the luck they deserve attempting to collect attorney fees, court cost and other expenses in order to file such a uncollectable legal action.

    I always thought statutory rape was consent with a minor. Which is almost as bad as a forcible rape but deserves just as harsh a punishment.
     
  14. NTA

    NTA Well-Known Member

    7,270
    129
    63
    It's the American way. Shutdown usually comes on payday if there's lots of employees, and accounts payable to contract folks.

    A few days before shutdown, the company makes heavy payouts to its executive/owners.

    Legal ! That's why accountants and lawyers earn their fee.

    It is also why business credit information and bank letters of credit are essential for businesses to interact. Trust (but verify/insure)
     
  15. Craftsman

    Craftsman Well-Known Member

    2,973
    242
    63
    A lot of companies are "cash flow companies" with little or no assets. Contracts, goodwill, and talented employees are all assets to a company, except in the legal sense. I used to work for a company that stated: "85% of our assets walk out the door at the end of the workday.". Heck, even a lot of large companies have no real asset value after factoring in debt.

    You can't wring blood from a turnip.
     
  16. atlsrt44

    atlsrt44 Well-Known Member

    3,495
    183
    63
    Did this company maybe have an insurance policy?
     
  17. NTA

    NTA Well-Known Member

    7,270
    129
    63
    Insurance against what ?
    And it they did, it is the first thing the judge in the court case will flush out.

    Lawyers don't work for free, and the judge is part of their labor union.