A Lesson In Tragedy

Hey how fast do posts go on here?

Upset Mom

United States

Judged:

Thank you so much for addressing the issue of domestic violence. Here in Loudon County, it is very important that those that are being abused, understand that we have Iva's Place to help escape situations of abuse.

Unfortunately, the law sometimes protects the abusers, as is the case with an acquaintence of ours. She recognized that she needed to get out of a really bad situation. She had a child with her abuser and on the day she decided to leave, she met with a local cop that she just happened to be passing on the street and he agreed she should get out of town for her own safety...a very good idea, but what we now wish he would have shared with her, was that she needed to stop by Iva's place to establish the legal record needed to protect her and the children first.

Fast forward, a year later and our friend was just recently released from the Loudon county jail on child custody charges after being extradited from a nearby state.

Point is, even those that want to escape, have a hard time doing so, simply because they know that the laws don't always work in favor of the victim, as was the case here. Just so you know, she spent 4 days in jail, separated from her children and now must incur the legal costs associated with the entire mess. We need stronger laws to protect victims that allow for safety first.

When our DA plea bargains down a murder conviction to probation, I interpret that to read that our DA support the notion that domestic abuse is ok which will further fuel it's fire. If this is the position that Russell Johnson supports, than I suggest he begin looking for a new job! I want a DA who stands up for what is right and doesn't take the easy way out!

One Voice

Judged:

I have been following this case from the beginning. I do not approve of domestic violence period. I am heartbroken by the tragic accident that took this beautiful life. Accidents involving weapons occur everyday sometimes to people we know and people we don't-our soldiers, our police officers, our friends, family, and our children. Nothing can bring this young lady back. Both the family and this man will face this everyday for the rest of their lives. God forbid we should find ourselves in either footsteps.

I do believe this was just that-a tragic accident. I believe it is a disgraceful display of journalistic lynch mob mentality and political grand-standing that has been displayed throughout this case. Evidence, not opinions-although entitled-determines if a case goes to trial or not. The TOP BALLISTICS EXPERT IN THE COUNTRY investigated this case and determined it was in fact an accidental shooting. The D.A. could not refute this evidence. Police stated they were called to the residence on several occasions; apparently, it was not for domestic violence or they would have shouted it from the rooftops. If the evidence brought forth supported going to trial, don't you think the D.A. would have jumped at the opportunity to obtain a conviction? It is not uncommon for parents to not approve of their child's choice of a mate. Mrs. Berry chose to agree to the plea. After a year and a half Mr. McMahan is only now coming forward with information-why now? After a year and a half Nathan Lane has changed his story-why now?

Since the evidence in this case did not support a second degree murder trial- the media will try him in the court of public opinion branding this young man a MURDERER! Murder implies intent, there is a huge difference in intent and accident. What if you all have wrongly accused this man of Murder! Has anyone stopped to think about that?

As for you, Mr. Webb, who do you think you are to tell us to apologize for exercising our constitutional right to vote for whomever we choose! Whose bullying who?

Upset Mom

United States

One Voice wrote:

I have been following this case from the beginning. I do not approve of domestic violence period. I am heartbroken by the tragic accident that took this beautiful life. Accidents involving weapons occur everyday sometimes to people we know and people we don't-our soldiers, our police officers, our friends, family, and our children. Nothing can bring this young lady back. Both the family and this man will face this everyday for the rest of their lives. God forbid we should find ourselves in either footsteps.
I do believe this was just that-a tragic accident. I believe it is a disgraceful display of journalistic lynch mob mentality and political grand-standing that has been displayed throughout this case. Evidence, not opinions-although entitled-determines if a case goes to trial or not. The TOP BALLISTICS EXPERT IN THE COUNTRY investigated this case and determined it was in fact an accidental shooting. The D.A. could not refute this evidence. Police stated they were called to the residence on several occasions; apparently, it was not for domestic violence or they would have shouted it from the rooftops. If the evidence brought forth supported going to trial, don't you think the D.A. would have jumped at the opportunity to obtain a conviction? It is not uncommon for parents to not approve of their child's choice of a mate. Mrs. Berry chose to agree to the plea. After a year and a half Mr. McMahan is only now coming forward with information-why now? After a year and a half Nathan Lane has changed his story-why now?
Since the evidence in this case did not support a second degree murder trial- the media will try him in the court of public opinion branding this young man a MURDERER! Murder implies intent, there is a huge difference in intent and accident. What if you all have wrongly accused this man of Murder! Has anyone stopped to think about that?
As for you, Mr. Webb, who do you think you are to tell us to apologize for exercising our constitutional right to vote for whomever we choose! Whose bullying who?

It's too bad that this won't be tried in a court of law in which a jury of this man's peers would be able to hear the evidence and render an opinion. The truth is, a plea bargain is an admission of guilt....just to a lesser charge, as if often the case. If he was really innocent, why would he cop a plea?

jrwebb

Walland, TN

Judged:

One Voice wrote:

I have been following this case from the beginning. I do not approve of domestic violence period. I am heartbroken by the tragic accident that took this beautiful life. Accidents involving weapons occur everyday sometimes to people we know and people we don't-our soldiers, our police officers, our friends, family, and our children. Nothing can bring this young lady back. Both the family and this man will face this everyday for the rest of their lives. God forbid we should find ourselves in either footsteps.
I do believe this was just that-a tragic accident. I believe it is a disgraceful display of journalistic lynch mob mentality and political grand-standing that has been displayed throughout this case. Evidence, not opinions-although entitled-determines if a case goes to trial or not. The TOP BALLISTICS EXPERT IN THE COUNTRY investigated this case and determined it was in fact an accidental shooting. The D.A. could not refute this evidence. Police stated they were called to the residence on several occasions; apparently, it was not for domestic violence or they would have shouted it from the rooftops. If the evidence brought forth supported going to trial, don't you think the D.A. would have jumped at the opportunity to obtain a conviction? It is not uncommon for parents to not approve of their child's choice of a mate. Mrs. Berry chose to agree to the plea. After a year and a half Mr. McMahan is only now coming forward with information-why now? After a year and a half Nathan Lane has changed his story-why now?
Since the evidence in this case did not support a second degree murder trial- the media will try him in the court of public opinion branding this young man a MURDERER! Murder implies intent, there is a huge difference in intent and accident. What if you all have wrongly accused this man of Murder! Has anyone stopped to think about that?
As for you, Mr. Webb, who do you think you are to tell us to apologize for exercising our constitutional right to vote for whomever we choose! Whose bullying who?

You'll have to forgive the public if it finds the remarks of the victim's father, Loudon County Sheriff Investigators, and the Tennessee Bureau of Investigation more credible and persuasive than those of an apologist for an accused murderer, or the flaccid, incompetent prosecutors who let him walk without insisting that he face a jury of his peers to test the veracity of his 'experts'.

Finally, just in case that pesky reading thing taxed you too much, I'll give you some help: Pointing out that there are "some concrete things that you can do" is not "telling you" to do anything, let alone 'bullying' you into doing anything It sucks when the facts undermine the narrative you're peddling, doesn't it?

For the record, you don't require my permission to vote for whomever you want. If Mr. Johnson seeks re-election to the job he's in, he can rest assured that he'll have at least one vote. I doubt he'll get many more but you're welcome to give him yours if you wish.

Tiny Tim

Judged:

One Voice wrote:

I have been following this case from the beginning. I do not approve of domestic violence period. I am heartbroken by the tragic accident that took this beautiful life. Accidents involving weapons occur everyday sometimes to people we know and people we don't-our soldiers, our police officers, our friends, family, and our children. Nothing can bring this young lady back. Both the family and this man will face this everyday for the rest of their lives. God forbid we should find ourselves in either footsteps.
I do believe this was just that-a tragic accident. I believe it is a disgraceful display of journalistic lynch mob mentality and political grand-standing that has been displayed throughout this case. Evidence, not opinions-although entitled-determines if a case goes to trial or not. The TOP BALLISTICS EXPERT IN THE COUNTRY investigated this case and determined it was in fact an accidental shooting. The D.A. could not refute this evidence. Police stated they were called to the residence on several occasions; apparently, it was not for domestic violence or they would have shouted it from the rooftops. If the evidence brought forth supported going to trial, don't you think the D.A. would have jumped at the opportunity to obtain a conviction? It is not uncommon for parents to not approve of their child's choice of a mate. Mrs. Berry chose to agree to the plea. After a year and a half Mr. McMahan is only now coming forward with information-why now? After a year and a half Nathan Lane has changed his story-why now?
Since the evidence in this case did not support a second degree murder trial- the media will try him in the court of public opinion branding this young man a MURDERER! Murder implies intent, there is a huge difference in intent and accident. What if you all have wrongly accused this man of Murder! Has anyone stopped to think about that?
As for you, Mr. Webb, who do you think you are to tell us to apologize for exercising our constitutional right to vote for whomever we choose! Whose bullying who?

for someone who claims to be following this case closely you seemed to have missed one of the most important aspects of the case.
I don't think Mr. Webb ever suggested that the DA should go to trial with a case he thought he was going to lose. The issue is the incompetence of the DA not even understanding the case. The DA took the word of the defense attorney that a dying declaration existed.
One of the biggest reasons the DA said he didn't want to go to trial was the testimony of Nathan Lane about the dying declaration. You try to say that Lane changed his story?? Lane is not on the record anywhere at anytime saying he heard the declaration., not in the investigators files, not in the DA's files, only the defense attorney claims to have such records. Nathan lane isn't a very good witness, as you point out, that's all the reason for the DA to not be afraid of the tesitmony of Lane. Lane is the defense witness. The fact that the prosecutions investigators never heard about the dying declaration is the perfect reason to discredit his testimony. Regardless of what Lane said on the stand, it would have been at odds with his on the record testimony to the investigators. No further questions for this witness, thank you.
Then we have the ballistics testimony of the best expert in the country. the best expert money can buy is what he really is. The TBI expert tells his story to the jury. The ballistics expert tells his version. The prosecution does not have to prove the defense witness wrong. Prosecution asks the defense witness if he is being paid for his testimony. Witness answers yes, he is being paid. No more questions for this witness, thank. you.

25yrlawman

Judged:

No matter how you look at it four years probation was too light a sentence.

People who are irresponsible with deadly weapons have to pay the price, whether they are drunk drivers who kill or adults playing with guns. Harvey was dealing drugs out of the house, that's why he kept the gun handy. he picked up a gun during an argument with a person who was no threat. he shot that person, whether on purpose or by accident. People who make these kind of mistakes need to be punished so that others will learn from such tragic mistakes and handle themselves better in the future.

jrwebb

Walland, TN

Judged:

25yrlawman wrote:

No matter how you look at it four years probation was too light a sentence.
People who are irresponsible with deadly weapons have to pay the price, whether they are drunk drivers who kill or adults playing with guns. Harvey was dealing drugs out of the house, that's why he kept the gun handy. he picked up a gun during an argument with a person who was no threat. he shot that person, whether on purpose or by accident. People who make these kind of mistakes need to be punished so that others will learn from such tragic mistakes and handle themselves better in the future.

Excellent post.

Every other consideration aside, every other argument made and considered, a person is dead. Everything she had and everything she's ever going to have was taken from her in that moment. That is the nature and quality of the act.

Probation as recompense to a family, a community and a society so wronged by the taking of a life is an insult to everything we believe, and everything we've told our children about our obligation to each other in a society of laws - and the prosecutor who thought that was an acceptable outcome doesn't get that.

At the end of all this horrible tale, that painful lesson about our 'people's lawyer', and hopefully some inclination to think and talk about the violence that plagues families in our community is all we have to show.

“Seriously Now...”

Joined: Oct 20, 2007

Comments: 2297

Judged:

Regardless of the he said/she said it seems it was common knowledge this man was abusive to his wife. She ended up dead by his hands. His supporters can try rationalizing until the end of time and 2+2 will ALWAYS equal 4. I don't know either side personally, but I am VERY familar with domestic violence-it took my only daughter.

And to the TamiLK, please educate yourself on this subject before you post again and show your ignorance.

“Seriously Now...”

Joined: Oct 20, 2007

Comments: 2297

Judged:

Upset Mom wrote:

<quoted text>
It's too bad that this won't be tried in a court of law in which a jury of this man's peers would be able to hear the evidence and render an opinion. The truth is, a plea bargain is an admission of guilt....just to a lesser charge, as if often the case. If he was really innocent, why would he cop a plea?

Pretty much says it all!!!!!

“Seriously Now...”

Joined: Oct 20, 2007

Comments: 2297

Judged:

P.S. Excellent post, David Divelbiss!

Upset Mom

United States

Judged:

You see, the question isn't even whether the shooting was an accident or not, it was, why did he have the gun to begin with? Now, assuming (and this is a big stretch) that he had a permit to carry this weapon, most responsible people keep their gun holstered. At what point in a conversation, did he actually decide to take up the gun in his hand? This is where the "intent" comes into play because people do not arbitrarily take up arms in the middle of polite conversation. Intent is established at this point, whether he did it as self-defense (unlikely) or in an aggressive manner. But for "One Voice" to suggest that this wasn't murder because there was no intent, is silly. What exactly did he "intend" would happen when he brought a gun out?

Seriously

North Aurora, IL

Judged:

Has anyone else, except me, noticed the similarities between the way domestic abusers first degrade and humiliate the victim until that person loses all self esteem and accepts all criticism and abuse as deserved and the tactics that have been used to subjugate and cow the entire populace of this country so that over 50% of us now think it is proper that our elected officials continually appoligize and offer to pay retributions for real and imagined "crimes" and humiliations we have collectively "inflicted on other nations and peoples" in the past? White children are taught in our public schools that their ancestors were evil, stole, robbed, pillaged, and genocided other races and peoples so we could be the richest country in the world. If black and hispanic children were told this, the teachers would be charged with racism and either fired or put behind bar, yet is is routine to inflict this punishment on white children, especially white male children.Abuse has bec omde a way of life in this country. Whether it is domestic abuse or collective public abuse, it is wrong.

David Divelbiss

Joined: Jun 23, 2007

Comments: 1358

Maryville, TN

Judged:

Upset Mom wrote:

You see, the question isn't even whether the shooting was an accident or not, it was, why did he have the gun to begin with?

A better question would be why did he have it pointed at her if he didn't intend to shoot her.

At the moment of accidental discharge, he just: happened to be in an argument with her; happened to be holding it, fully loaded; happened to have it aimed at her chest?

A jury can acquit on 2nd-degree murder, and convict on manslaughter. But even if that happened, I'm willing to bet the outcome would NOT be what we now have. He would've gotten time behind bars. Under DAG Johnson's plea-bargain, the only day he serves is the day he was in jail between his arrest and his posting of bond.

Notice in the first sentence of the editorial Joe says DAG Johnson is "probably ethically compromised". Joe is mincing his words there. He's not the only person to think such thoughts.

A family that can hire the (supposedly) best ballistics expert in the country is well-endowed to the point that they can bribe a public official.

No, I'm not afraid to say that. This is the DAG that Tony Aikens wanted. Geese never run with a flock of vultures.

TamiLK

Dixon, MO

Judged:

BUTTERFLYS ARE FREE wrote:

Regardless of the he said/she said it seems it was common knowledge this man was abusive to his wife. She ended up dead by his hands. His supporters can try rationalizing until the end of time and 2+2 will ALWAYS equal 4. I don't know either side personally, but I am VERY familar with domestic violence-it took my only daughter.
And to the TamiLK, please educate yourself on this subject before you post again and show your ignorance.

Your ignorance carries from topic to topic. I stand by my post. Your failures as a parent can't be covered up by your bullying. Perhaps that is why your daughter couldn't return home to you and stayed until she died.

“Seriously Now...”

Joined: Oct 20, 2007

Comments: 2297

Judged:

I am anything but a bully. I do not profess to know a lot about a lot of things, but have educated myself on this topic over the past four years. My daughter left her abuser. He found her and ended her life. Please do all of us a favor and quit being so heartless and clueless. There are a lot of places you can read and educate yourself on violence against women.
Are you female? Are you human? Are you a Mother???

Upset Mom

BUTTERFLYS ARE FREE wrote:

I am anything but a bully. I do not profess to know a lot about a lot of things, but have educated myself on this topic over the past four years. My daughter left her abuser. He found her and ended her life. Please do all of us a favor and quit being so heartless and clueless. There are a lot of places you can read and educate yourself on violence against women.
Are you female? Are you human? Are you a Mother???

I'm sorry for your loss.

one

Judged:

David Divelbiss wrote:

<quoted text>
A better question would be why did he have it pointed at her if he didn't intend to shoot her.
At the moment of accidental discharge, he just: happened to be in an argument with her; happened to be holding it, fully loaded; happened to have it aimed at her chest?
A jury can acquit on 2nd-degree murder, and convict on manslaughter. But even if that happened, I'm willing to bet the outcome would NOT be what we now have. He would've gotten time behind bars. Under DAG Johnson's plea-bargain, the only day he serves is the day he was in jail between his arrest and his posting of bond.
Notice in the first sentence of the editorial Joe says DAG Johnson is "probably ethically compromised". Joe is mincing his words there. He's not the only person to think such thoughts.
A family that can hire the (supposedly) best ballistics expert in the country is well-endowed to the point that they can bribe a public official.
No, I'm not afraid to say that. This is the DAG that Tony Aikens wanted. Geese never run with a flock of vultures.

Get over this
i have never seen so many people that know absolutely nothing about a case and seeem to have to run those holes about it all TRUST ME NO ONE that has POSTED HERE were PRESENT IN COURT nor did they Live THOSE LIVES
GROW UP CHANGE YOUR DIAPER ,WEBB ,DELVIS, What jokes you all are

one