Sunday, February 9, 2014

Lawful Idaho Gun Owner Gets 10 Months for Killing his Friend


Derick Lee Sedivy

Local news reports

Derick Lee Sedivy, 24, will spend nine months in jail for the May 10, 2013, shooting death of his cousin.
Sedivy pleaded guilty last month to involuntary manslaughter. He had been drinking at an Orchard Street home when Austin Tyler Blankenburg, 20, of Kuna was shot in the head. He died the next day.
In exchange for his plea, prosecutors dropped a charge of use of a deadly weapon during the commission of a felony.
Sedivy faced up to 10 years in prison for involuntary manslaughter. The prosecution recommended one year in jail, followed by 10 years of probation. Fourth District Judge Patrick Owen on Friday shortened the sentence recommendation and did not impose probation.
For some, either Mr. Sedivy should stay in jail forever or he should get his gun rights back after his probation. I think spending a few months in jail and losing his gun rights permanently is just about right.




Read more here: http://www.idahostatesman.com/2014/02/07/3015345/boise-man-sent-to-jail-in-accidental.html#storylink=cpy

23 comments:

  1. Alcohol should be no excuse. He committed murder. He should be punished for that. But it's interesting that you don't regard this crime as worth more than a few months.

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    1. I think it is worth more than the sentence given.

      Alcohol goes to level and capacity for intent. I don't see that he committed murder, which tends to require premeditation and planning.

      One more person who should not have had a gun, and another indictment of the gun culture and too-lax gun laws.

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    2. Greg, are you just an out-of-control disagreeable guy who argues with everything I post? Murder must include intent, haven't you yourself told me that? This capricious flip-flopping of yours speaks to your basic dishonesty.

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    3. No, Mikeb, if you choose to be out of control because of alcohol or some other substance, that choice should be counted as intent. Whatever happens while under the influence is a consequence of the initial act.

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    4. Hey, you're the one who brews his own beer. That means if you imbibe AT ALL, it's just a matter of degree as to how out-of-control you get.

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    5. Greg would give the guy his guns back when he gets out of jail.

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    6. Mikeb, despite your simplistic view of things, it's possible for someone to drink alcohol without immediately picking up a gun, even if there's a gun in the house. If I were to use a firearm while under the influence, I'd be responsible for what happened. But I don't do that. I realize that you can't imagine how any gun owner could possibly be sufficiently intelligent enough for that, but as I've pointed out to you many times, your speculation and desperate narrative are not facts.

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    7. Fact is you stated you see nothing wrong with drinking while using your gun.
      It's hard to escape your own words printed for all to read.

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    8. Greg, as usual you find it necessary to lie about what I said. I DID NOT say when you drink you immediately pick up a gun. What I said is that for every drink you take, you become less capable and competent. Why would you drink at all? Even moderate drinking impairs your ability to protect yourself in case you need to. And if moderate drinking is acceptable in your world view, why not pot and other drugs?

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    9. Mikeb, I have no interest in marijuana, and it's illegal. Other drugs are much more powerful, and I have no interest in them, either. But moderate drinking doesn't turn most people into raging fools. If that's the effect that it has on you, I recommend you get treatment.

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    10. Greg, I didn't say "moderate drinking turns most people into raging fools." This is why you've been called the site liar.

      What I said was drinking alcohol "less capable and competent." It's a matter of degree, one beer, no big deal, five or six...???

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    11. I don't drink five or six beers in one sitting or any other kind of alcohol to excess. And that's the point. You keep tossing insinuations my way, but what you're doing is denying that I can be a rational and responsible person and still own guns. That concept irks you.

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    12. It doesn't irk me at all. You might be fairly responsible for all I know. But, your refusal to admit that alcohol, even in moderation, detracts from your ability to be that, is very telling.

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  2. Crimes with guns can't really be crimes because the 2A says shall not be infringed. The "logical" conclusion of firearm fondlers beliefs.

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    1. Nonsense. There is no right to commit murder. Murder is a violation of rights.

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    2. Amen. The 2a is about communal defense.

      This is about a failed gun culture that kills people for no legitimate reason because of people obsessed with their gun fetish.

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    3. A culture that you have participated in, Dog Gone.

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    4. Glad to see you agree:
      "This is about a failed gun culture that kills people for no legitimate reason because of people obsessed with their gun fetish."

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  3. I'd settle for seeing the NRA fuck get shot in the head. We have capital punishment for gunsuck murderers. I don't give a fuck whether he was drunk. Shoot the shit NOW.

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    1. There is a difference between what we call restorative justice, versus eye-for-an-eye retributive justice. We no longer embrace the barbarity of the latter as justice.

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    2. Being drunk and playing with weapons? I'm all for retribution. Because if I was the father or other relative of the dead guy, I'd be laying for this NRA fuck. And THAT is coming. The NRA is bringing us, day by day, closer and closer to the blood feud.

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    3. As Greg has told us:
      "revenge is justice."

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  4. Obviously alcohol can't be an excuse. There is really no such thing as an excuse when a crime occurs. Remorse counts for something, but is no guarantee of leniency. Vehicular manslaughter while driving intoxicated is treated like murder. Isn't ten years a common sentence? Why should this guy get his life back so soon? It is possible to do a year in jail for multiple DUIs without even killing anyone. No probation? I guess it's not really a crime in Idaho.

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