Viewing Single Post From: Tuesday, January 15th Daily Discussion
Jan 16 2013, 01:32 AM
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- December 9, 2011
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Will was fourteen when he shot E.J. not sixteen.
- Jan 15 2013, 05:38 PM
- Jan 15 2013, 05:27 PM
- Jan 15 2013, 05:11 PM
- Jan 15 2013, 05:04 PM
I doubt any sane judge will hold Will fully responsible for the choices he made under the instruction of a parent. I'm sure Nick THINKS he can fu**ck with Will's head and make him think that will happen, but when it really comes down to the facts, it's just not realistic. I hope Will has permanently found his backbone and tells Nick he can go f**ck himself if he goes down that route.
We all know the moment Nick tries to go down that route, the whole Gabi/Melanie/Stalker Andrew thing will blow up in their faces. And unlike Will, Gabi was a legal adult who RECENTLY commtted a crime that lead to death and destruction.
Honestly, attempted murder isn't just tossed off because he was under 18, at least not where I live. He might get a lesser sentence as a juvenile, but no judge is going to just smile and say "no worries, you're good to go because you were under 18 when you pulled the trigger." He didn't shoot EJ under Lucas' instruction, he just fled the country. So that part of it might not get held against him, but the actual shooting would. It's entirely unrealistic to believe he would face no consequences for that crime.
And yes, if Nick decides to go down that road, the stuff about Gabi might come out. But I don't think her crime is somehow worse than Will's. Will shot a man with the intent to kill him. I don't care if he was under 18 you can't tell me he didn't know it was wrong. Gabi didn't intend for any of that to happen. Doesn't let her off the hook and I hope it all does come out, but she's definitely no worse than Will in that regard.
Which again, is why I love all of this. They are all flawed. Nobody is perfect and nobody is really better than the rest.
Speaking as a criminal lawyer who has worked in defense and in prosecution, I can tell you that Will's age and the circumstances makes a huge, huge difference. I could get Will's case pleaed down to community service in under ten minutes, while putting Lucas and EJ in jail for obstruction (assuming EJ outright lied that Lucas shot him). But since there's no reason to think EJ would testify, I wouldn't have to because no prosecutor would put forth a case that would require them admitting to screwing up so badly the first time around with no cooperating witnesses. Honestly, even if a judge were to press it, EJ, Lucas and Will take the fifth and there's no case. And that's assuming the statue of limitations against deadly assault has passed which is 4-7 years in most places, so it's iffy but likely. Attempted murder is usually the same.
You could get a 16 year old who committed attempted murder off with community service? Yikes. That scares the hell out of me. But if you say so, then I guess Will has absolutely nothing to worry about.
Lucas is guilty of obstruction of justice. EJ didn't testify to anything because he didn't know who shot him. And I don't think the prosecutor would feel like they screwed up because Lucas confessed. He didn't get tried and convincted, he confessed. That's not the prosecutor's fault. They had the weapon (which was in Lucas' possession) and they had a confession.
In any case, I guess they can all go to jail. Will for attempted murder, Lucas for obstruction of justice, Gabi for kidnapping, and Chad for assaulting Nick. That will make the whole thing easier anyway.