FinShaggy (OP)
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June 29, 2013, 11:40:38 PM |
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First, condolences for your loss.
I think if you are going to go forward you should study up on what sort of charges apply in this case. You need to have a grasp of things like mens rea and also the fact that a lawyer will generally always tell you that you have a case because they have a vested interest in going to trial. I'm not saying you don't have a case, the facts are not clear, but if you really want to champion this, you'd do yourself a lot of good to understand the law a little.
From a cursory glance at the situation, it looks like you might be able to file a civil wrongful death lawsuit but again, I'm not an attorney and don't know all of the facts.
The attorney I spoke to said he is a criminal defense lawyer and can not take my case. So their is no bias there, Right, but what I'm telling you is that YOU cannot charge this person with a criminal offense. A prosecutor needs to do this so it doesn't make any sense that you want legal counsel. Your only option is to go to the authorities and have them handle it. They'll look at the evidence and prosecute him if they have enough evidence. It's not like you can get a lawyer and charge the guy with murder, it doesn't work that way. The only time you would need a lawyer is if you are going after him in a civil case, which means you receive monetary compensation, the guy doesn't go to jail. Think of the OJ trial. Ok, thank you for your non troll explanation. You were very helpful I will file a police report and this will be handled as you said, if I see he is a unfit father for the surviving brother. Everything is being filed and handled as if it were and accident for now. But there is evidence to fulfill my claim.
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FinShaggy (OP)
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June 30, 2013, 12:03:33 AM |
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Alice, I often like your posts but do not like this one. It is irrelevant what the OP does or believes, he did nothing wrong. If there was murder committed and the DA refuses to prosecute that just means the prosecutor lacks the evidence. If a PI can produce more evidence the DA might reconsider. Nobody in Colorado is going to give a crap that the op smokes weed (it is legal here) or that he has done shrooms. The murder is the issue at hand and we should encourage the OP to find a good lawyer. I'm sorry about your brother but my gut tells me you are having an emotional reaction rather than a rational one. I read his obituary in the baseball thread, I understand that he has a different biological father than you, and it is not uncommon to lash out at a step-dad.
Tell what you know to the police. If they think there is an issue, let them handle it.
I do not mean to sound like a troll but let me tell you what will happen if the police do not handle this and you hire a private investigator and try to sue him for wrongful death.
The first thing that will happen is your drug history with marijuana and shrooms will be brought up. You will be portrayed as a paranoid delusional drug abuser. The jury will almost certainly agree. Sorry to break it to you, but if he's a geologist working for oil, he's got money and quite possibly legal insurance. You will not be able to match his resources and you are easy for his legal team team to portray as a society castout drug abuser.
It will not end well for you and will do nothing for your brother. I almost guarantee it.
Give your suspicions to the police, and pray that if your step-dad did this thing, the police pursue it. That's all you can do.
Thank you and that is my goal. I want to put together a legal team before filing a police report. Now, moral of this thread: WHAT DO I DO
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cointoss
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June 30, 2013, 12:06:37 AM |
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Alice, I often like your posts but do not like this one. It is irrelevant what the OP does or believes, he did nothing wrong. If there was murder committed and the DA refuses to prosecute that just means the prosecutor lacks the evidence. If a PI can produce more evidence the DA might reconsider. Nobody in Colorado is going to give a crap that the op smokes weed (it is legal here) or that he has done shrooms. The murder is the issue at hand and we should encourage the OP to find a good lawyer.
We should encourage the OP to get off of the recreational drugs and to find psychiatric assistance. He should also obviously refrain from any plans which include him as the head of any community. Read back through the thread and you will see that he is using this murder accusation as nothing more than a threat against his stepfather. He says so himself when he says that he would not pursue murder charges if his stepfather proves to be a good father. What the hell does that even mean? It's a lie is what that means.
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cointoss
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June 30, 2013, 12:09:34 AM |
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And as I said before, all I ask is that he sit with me respectfully, respectfully, and discuss my dead brothers charity. OR that he be charged for his crimes. Spit out the Koolaid folks. Who would stop pursuing the murderer of their own brother simply because the murderer agrees to set up a charity? Scam. Scam. Stay away from this confidence man.
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surebet
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June 30, 2013, 12:14:15 AM |
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I never said anyone should give the op money. I said the op needs a lawyer. The end.
The op needs to go to the police and stop living in make believe land.
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jeannie
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June 30, 2013, 12:15:27 AM |
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I never said anyone should give the op money. I said the op needs a lawyer. The end.
The op needs to go to the police and stop living in make believe land. I agree with this, the allegations are serious and need investigations and not discussions on the Internet. Such discussions will only prejudice the case.
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FinShaggy (OP)
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June 30, 2013, 12:15:51 AM |
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From a cursory glance at the situation, it looks like you might be able to file a civil wrongful death
This is exactly what everybody needs to tell the op. hire a private investigator or lawyer for a civil suit or both THIS IS WHAT I SAID I NEED HELP DOING IN THE ORIGINAL POST
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If everyone is thinking outside the box, there is a new box.
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nottm28
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June 30, 2013, 12:19:08 AM |
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How do we know you weren't the one that murdered your brother?
Ahhhh, the Internets. We have a woman on trial right now, which turned her daughter blind, day by day, while she was drugged with sleeping pills. Just to get a welfare bonus for her child's disability. Also she has been doing similar stuff to other 2 sons, both of whom died eventually. They caught her in the end, but she's been doing that for 14 years... That's really bad - printmule - got a link to this?
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donations not accepted
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franky1
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June 30, 2013, 05:05:08 AM Last edit: June 30, 2013, 05:22:45 AM by franky1 |
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So, what again does this have to do with Bitcoin? If it's a charity, focus on the charity. Your legal problems are none of our business.
It not a charity. It's the first murder trial offered to be publicized by any bitcoin media outlet. murder happens every day. lets say bitcoinnews done a piece about any random murder.. just like any random murder in the world, how is a peanut allergy (in your case) related whatsoever to bitcoin? ..... waiting for the punchline of your other 14 jokes.. (projects) you want people to hand you money. you sicken me. while your family grieves and your stepdad is in mourning and probably having nightmares about a mistake. and endlessly thinking of things that he could have done differently. you first of all hound him by text messages about a $100k charity in your brothers name. then the next day you meet up with him and continue trying to discuss the charity, and when your step dad tells you he is not in the mood. you call him a murderer, because he doesnt say it with a smile?? now you want the bitcoin community to hand you, a drug dependant scammer, bitcoins to fund a legal battle which you may cancel at any point if he is deemed a good dad, or the end result being a court fine, not jail time. seriously..?? if you had any true brain power and compassion and any belief that your step dad was a murderer, you would have gone to the police. secondly if there were (which there should never be) any legal costs you would be asking your late brothers school/community for dollar donations to fund something of your brain farts magnitude. the only reason you want bitcoins is because you know they are irreversible and semi anonymous so once you receive them you can spend them on silk road and never have to worry about someone who knows you personally, slapping you with a wet fish, because of your scams. if you want to do a smart thing. do project 10 (mason's baseball stuff) sell baseballs, shirts caps in the name of mason to theschool community your brother attended for dollars to fund a legal team or get a bank loan. as bitcoins are wasted on you. again you absolutely sicken me, using a story of a brothers death to feed your silk road habits
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I DO NOT TRADE OR ACT AS ESCROW ON THIS FORUM EVER. Please do your own research & respect what is written here as both opinion & information gleaned from experience. many people replying with insults but no on-topic content substance, automatically are 'facepalmed' and yawned at
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Foxpup
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Vile Vixen and Miss Bitcointalk 2021-2023
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June 30, 2013, 06:10:31 AM |
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Let me see if I've got this straight: you intend to report your step-dad's crime to the police (and that's all you can do at this point; you do not get a say in whether or not he will be charged) and give evidence against him if it goes to trial, unless he agrees to help with your charity? That's called blackmail. Better call your criminal defence attorney again. Tell him you may have a case for him to take after all.
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Will pretend to do unspeakable things (while actually eating a taco) for bitcoins: 1K6d1EviQKX3SVKjPYmJGyWBb1avbmCFM4I am not on the scammers' paradise known as Telegram! Do not believe anyone claiming to be me off-forum without a signed message from the above address! Accept no excuses and make no exceptions!
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Este Nuno
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June 30, 2013, 02:36:51 PM |
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You are still failing to grasp how the legal system works despite people patiently explaining it to you in this thread.
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Vod
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Licking my boob since 1970
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June 30, 2013, 11:20:03 PM |
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Intent or not, there was a murder committed the way I see it. The rest of the family sees an accident.
Let's be realistic - you are the stoner - your mind is damaged and not able to process properly. Your family, hopefully, is relatively sober and is better able to figure things out than you.
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meowmeowbrowncow
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July 01, 2013, 01:23:29 AM |
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Edit: As I'm eating honey roasted peanuts and staring straight at the label that states 'Do not give to children under 4 years of age.'
Immediately find the State's Attorney / DA for your region and ask to speak with a prosecutor. The prosecutor will review the file - so you can be more prepared and understand what position the State is taking on this matter.
If the State chooses not to pursue criminal charges - it's unlikely you can get them to change their mind.
However, civil court is widely open for you to pursue - but at your own expense. And the court costs would be outrageous. In the end - a civil case like this a lawyer would be looking for any financial instrument or insurance to get cash out of when the case is won. Or someone's assets. But if there's no insurance and no assets to be gotten - then there's much less motivation for a lawyer to take a civil wrongful death case; a long case.
But, there is one exception - Renter's insurance. If this is an apartment and there's renter's insurance on it there could be a coverage for 'Personal Liability.' And, what I've seen typically, is personal liability limits are in the hundreds of thousands of dollars. The problem is a Renter's Insurance claim cannot be executed against the insurance policy holder *if* the policy holder is injured. But, if it's a minor - a baby - I seriously doubt that falls under the same classification and the policy may well be claimed against in this case - if the case is won.
(I went through an issue of somewhat similar circumstances, but less severe consequences.)
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"Bitcoin has been an amazing ride, but the most fascinating part to me is the seemingly universal tendency of libertarians to immediately become authoritarians the very moment they are given any measure of power to silence the dissent of others." - The Bible
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randomcloud
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July 01, 2013, 06:51:57 AM |
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From a cursory glance at the situation, it looks like you might be able to file a civil wrongful death
This is exactly what everybody needs to tell the op. hire a private investigator or lawyer for a civil suit or both THIS IS WHAT I SAID I NEED HELP DOING IN THE ORIGINAL POSTIt's not difficult finding a private investigator or a lawyer for that matter. Universities will sometimes provide free legal aid from their law schools (whether they're any good, I honestly don't know). Though you should go to the police ASAP, if not for any other reason to establish some kind of paper trail for *some* attempt at getting justice for your brother. Also I agree with meowmeowbrowncow in that what you'd be looking for is to pursue a wrongful death suit, if you're willing to foot the bill out of principle of the thing. There has to be SOME legal means to prove intent in the case of your stepfather. Perhaps recording a conversation in public if it's legal in your state and get him to blab about how he knew the kid was allergic to peanuts and gave them to him anyway would work, if you're good at the whole social engineering thing (or get someone else to talk to him and record it in public if that's legal where you are). I had to go through something similar (though with circumstances a lot less serious than the death of a wee child ) and I wish you all the best in your pursuit.
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greyhawk
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July 01, 2013, 07:36:48 AM |
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Know what would totally make my day after I accidentally killed my son by being a moron?
If his stoner brother tried to blackmail me for a $100000 under threat of raising murder charges against me.
That would be great.
Caveat: OP should probably watch out he doesn't end up in diverse sacks of peanuts. I mean, if you're gonna be tried for murder anyway, at least make it worth it, know what I'm saying?
Realtalk: At this point you, OP, FinShaggy, should probably be looking for professional help to assist you in coping with the loss of your brother. The way you're going about it is self-destructive.
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randomcloud
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July 01, 2013, 12:12:22 PM |
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Realtalk: At this point you, OP, FinShaggy, should probably be looking for professional help to assist you in coping with the loss of your brother. The way you're going about it is self-destructive.
All accusations of blackmail aside, do you really think that pursuing justice in the death of a little boy is self destructive? Please don't tell me you're one of those types who thinks that if he would just let go, move on and allow his brother's death to go unmarked that the world would be a better place and we could all hold hands and sing along. 'Cos that's a seriously unethical and self-destructive (yet surprisingly common) mentality.
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cointoss
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July 01, 2013, 12:37:21 PM |
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All accusations of blackmail aside,
Why should we put that aside? He said so himself. No one who's primarily concerned with justice would act this way. If he really cared he would have gone to the police, not demanded his stepfather form a charity, and come on here and make 2 fake charity threads. And concoct an accusation of murder with a giant "OR" and on the other side of that "OR" is the oh guess what... the charity he wants so badly.
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randomcloud
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July 01, 2013, 12:50:53 PM |
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All accusations of blackmail aside,
Why should we put that aside? He said so himself. No one who's primarily concerned with justice would act this way. If he really cared he would have gone to the police, not demanded his stepfather form a charity, and come on here and make 2 fake charity threads. And concoct an accusation of murder with a giant "OR" and on the other side of that "OR" is the oh guess what... the charity he wants so badly. Oh no, if this whole thing's a sham and he's just making up a wild story to scam other people then that certainly needs to be addressed. But if there really was a little boy who was killed by his stepfather who exploited the boy's peanut allergy in some nefarious scheme (I don't understand what the motive would be to do this), then the OP's credibility needs to be separated from the matter at hand because it is irrelevant. There is a child dead. That is what matters, and it should be looked into for the sake of ensuring justice for the child. Ensuring a would-be murderer and Karma Houdini doesn't get away with his crime doesn't mean we would have to contribute to a scammer, not by any means. Is there any way to actually verify this at all? OP, police report perhaps?
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greyhawk
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July 01, 2013, 12:59:07 PM |
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You should probably read threads before discussing in them. All of this has been answered a billion times.
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