- Quickdraw McLaw
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- Henry Ruggs to plead guilty in what is quite possibly the highest profile DUI in recent memory. Is the system working? [RJ; 8NewsNow]
- Gov. Lombardo plans to ditch the Grant Sawyer building for airport office park. [RJ]
The system where weath buys justice? Yup!
Point out a first offense Felony DUI resulting in Death that has been pled out for dramatically more time, because the Defendant was not wealthy.
I remember a case, circa 2000-2001 where after TRIAL by a PD, Defendant killed a 19 yr old kid that was on a Motorcycle. After 9 DUI priors over 20 years, he finally killed someone.
Sentence? 6 years.
Scott Gragson had money and got alot of time.
935 here. Exactly.
But, if he keeps his nose clean, Gragson will likely parole out at the 8 year minimum. He and Ruggs can be bunkies at the Stewart Conservation Camp.
“Point out a first offense Felony DUI resulting in Death that has been pled out for dramatically more time, because the Defendant was not wealthy.”
I’ll do you one better. Here’s a first offense Felony DUI where no one even died:
https://m.lasvegassun.com/news/2012/dec/05/teacher-sentenced-dui-accident-dismembered/
She was a school teacher and if you read other articles, she stopped and tried to administer aid to the person she injured. She wasn’t going over 100 miles an hour and no one burned to death slowly because of her. She got 6-15 years under her deal.
"Ruggs’ lawyers and prosecutors also agreed for Ruggs to serve a sentence of three to 10 years in prison, but a judge will have the final say on the sentence."
It is a fucking miscarriage of justice if this guy only spends 3 years in prison.
3-5 for a first offense is not the end of the world. If he has any prior DUI's, then clearly 6-10 is more in line.
Don't get me wrong, I am not saying justice is done by this, I am just evaluating the possibilities given historical sentencing. Clark County courts have been way too soft on DUI's for decades.
3-5 and 6-10 are actually illegal sentences, the bottom number can't be more than 40% of the top number. So it'd be a 2-5 or a 4-10. I believe Judge Schwartz will follow the negotiation but I could be wrong. On a 3-10 year sentence the minimum Ruggs can do is 3 years because he can't get good time off the first number but the MOST he can do on a 3-10 is 6 years because they take 40% off the back number for good time/work time. So worst case scenario he can get out and theoretically play football again. I doubt anyone would sign him but its a possibility.
>I doubt anyone would sign him
If he wasn't previously on the raiders I'd assume they sign him.
So, welcome to Cleveland Mr. Ruggs!
931 here.
Apologies, Ben for not being more clear. I was using estimates for the minimum time he will do, not the actual sentence range. Appreciate the clarification.
He deserves a 15 minute sentence. Put him a car, light it up.
The other thing is, he should never be able to operate a car again, like ever. There's a demented system of separate justice for violence committed by drivers. We're a nation built by and for automobile manufacturers.
According to the newspaper Ruggs is pleading guilty but wonder if it will ultimately be "no contest." The negligence element keeps open the recovery on his policies for the horrible death where the the victims were trapped inside a burning car. Ruggs. DUI convictions are not useful in recovery because it may take it outside of coverage where punitive damages are alleged.
he's got money
IMHO drunk driving resulting in death should be mandatory life in prison. The victim burned to death and will not be living her life in 3 years.
There has been discussion about whether Ruggs has assets to go after.
https://www.spotrac.com/nfl/las-vegas-raiders/henry-ruggs-47606/
It appears he played 13 games his rookie year and 7 his 2nd year. He was probably paid north of $3M. Of course, that's $3M before taxes, agent fees, etc. I have no idea what Chesnoff likely billed for this, but one has to think it was far less than $3M.
Even so, who knows whether Ruggs has much left. He does appear to be a moron, or at least engaged in riotous living. I hope there is a lot left and that the victim's family gets every penny. Ruggs is trash. Fuck that guy.
Umbrella Policy
I haven't done insurance work but can insurance companies refuse to pay for DUI accidents? It would seem to me they could argue he voided whatever coverage he had by driving drunk.
@1:25, your answer is the age-old legal maxim: "it depends"
But seriously, it depends on the language in the policy, if criminal acts are covered or not, etc.
that's why you plead negligence. the generals and specials are insured. punitive are not. If there were "criminal" acts exception, then every accident that involved speeding or running a red light would be excluded from coverage.
In my experience is can depend on the value of the policy. If you've got a 25k policy the insurance company will pay it and move on. Million plus umbrella, you're getting a reservation letter. And of course, your car insurance isn't paying a penny of punitive damages (absent bad faith).
They likely will not cover punitives (against public policy) but will have to cover a negligence-based claim, regardless of how drunk he is. The coverage is there to protect the public.
He should spend the rest of his days making sneakers in a prison factory.
Well I was just wondering if Ruggs is buying his way out of more prison time by pleading guilty to misdemeanor manslaughter with a negligence component. The problem with convictions of crimes is that there may not be any negligence per se
depending on the charge. NRS 41.133 was eviscerated by the Nevada Supreme Court by caselaw. The statute on nolo pleas says it can't be used to impose liability.
over the years I have handled several cases related to wrongful death claims brought by the victims' families. All three drivers were out, either paroled home or to the halfway house, within 2-3 years. He'll probably also be out in 2-3 years but it's not because of $$
You don’t do criminal law because he literally CANNOT get out in 2 years on a 3-10 with a B felony…