GaryClare said:
I appreciate the legal people on here answering questions on this thread. I have one more - and it might have already been discussed -
What are/were the plea deal strategies for both sides? This is so patently breaks every condition for a self defense claim, why wouldn't the defense try to get a better sentence - say to try for 25 years? I seems like the wildcard in this case, for both sides, is whether or not some activist is on the jury.
I'm all for a life sentence, but this guy 100% doesn't need to be on the street. If I were a prosecutor I think I would be ok with him being locked up for 25 or 30 years hoping that the guy that comes out when he is 45 or 50 as a better human being - versus the risk of them hitting some type of miracle and getting to completely walk.
And the defense, instead of going for all of nothing, with a very low chance of walking - why wouldn't you try to give him some type of life afterwards. Again, you would think if the defense offered up 25 years, the prosecution just might take the 100% deal.
Would someone mind discussing the mindsets of both sides?
That's a great question and is really getting into the nuts of the practice of criminal law.
First, for parole purposes, any sentence over 60 years (with a few exceptions) is considered 60 years. So if KA gets life, for parole purposes his sentence is considered 60 years. Which, if the parole board follows the law, he would have to spend a minimum 1/2 of his sesntence, or 30 years, before he would be eligible for parole. I could talk for hours about how FU our parole laws, or maybe how our parole laws are applied, are in TX. But I will not digress.
I am sure the DA made a very high offer to get this case resolved without a trial. My guess would be 40 to 45 year offer. If KA had taken that offer then he would not be eligible for parole for 20 to 22.5 years. Half of his sentence. So in reality, by going to trial, he is only risking approximately 10 years (half of 60 years v. half of 40 years).And has been previously mentioned, juries can do crazy things. So risking 10 years against a possible but not probable "Not Guilty" verdict is worth the risk in his family's eyes. And probably in his attorneys' eyes also.
I know or know of all the attorneys involved in this trial. They are some of the smartest and best in the state. There will not be any reversible error in this trial. Between the atorneys on each side they have tried 100s if not 1000s of cases. It will be a well tried case.
And for you Dallas County Ags, Dallas County had the chance to elect Toby Shook DA several elections ago. I think it was the crooked Craig Watkins who won that election. Best thing that ever happened to Toby. He is probably worth millions now.