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View Full Version : men accused of drag racing face murder charges!



B18c1Turboed
05-21-2007, 05:40 PM
http://www.courttv.com/graphics2/photos/trials/mullins/inside/lede/cc-inside-051707.jpg


JONESBOROUGH, Tenn. — Courtney Beard and Cortney Hensley were driving home after picking up their homecoming pictures when they stopped at a red light on Sept. 24, 2005.
Hensley, 17, had been crowned Homecoming Queen at David Crockett High School and she and Beard, her best friend, also 17, were anxious to look at the pictures taken the night before.

But before the light turned green, a red Ford Mustang came racing through the intersection and slammed into Beard's Honda CRV at a speed estimated at 125 mph.

The crash sent the Honda some 250 feet, causing it to burst into flames. Hensley was killed, and Beard suffered burns over 30 percent of her body. She spent the next month and a half in a hospital bed.

Prosecutors say the Mustang's driver, Bradley Mullins, was drag racing.

A Washington County jury is expected to hear opening statements this week in the trial of Mullins, 19, and David Phillips, 39.
They are charged with second-degree murder, an alternate count of vehicular homicide, and two counts of attempted murder.

The attempted murder charges stem from injuries to Beard and a female friend of Mullins, who was riding with him when the crash occurred.

Based on grand jury testimony, several witnesses are expected to testify that they saw Phillips challenge Mullins to a race at about 11:40 p.m. by inching up and revving the engine of his red Dodge Viper as the two waited at a red light.

When the light turned green, the cars raced off on the busy street, witness are expected to say.

Washington County District Attorney Pro Tempore Al Schmutzer declined to comment on the case.
Although Mullins' attorney, Don Spurrell, says his client has always accepted responsibility for the crash but he disagrees with the second-degree murder charge.

"There is no prior conduct, no ill will and absolutely nothing to suggest he intended this to happen," Spurrell said. "He was simply not motivated to kill anybody, and the state's suggestion that he did so knowingly is simply preposterous."

The defense attorney said the tragic accident was the result of a "drag race gone bad."

"He was induced by the actions of an older man in a Viper," Spurrell said. "[Phillips] egged him on and all the evidence will support the fact that Mr. Phillips had a propensity to do so."

Spurrell he intends to call a witness who will testify that one week before the crash, "Phillips attempted to race an adult on the same street where this occurred."
Phillips' attorney said that Phillips was on the street that night, but maintains his client wasn't drag racing.
"Our proof and the state's proof indicates that three police officers saw a Mustang smoke up its tires and take off at a high rate of speed," defense lawyer Richard Pectol said. "None of the three officers make any mention of a Viper being at the scene."

On the contrary, he said it was Mullins who unsuccessfully attempted to lure Phillips into racing that night.

Pectol said Phillips' stayed at the scene of the crash and gave the police a voluntary statement.

"[Phillips] tells the police that the driver of the Mustang tried to get him to race and that he shook his head no," Pectol said. "Witnesses at the scene will support his statement."

While Spurrell and Pectol agree on little about the facts in the case, they both believe their clients should have separate trials, although Judge Bob Cupp denied a previous motion. Although both attorneys filed letters with Judge Bob Cupp last week urging that the issue be reconsidered, neither of them expressed confidence that separate trials would be granted.

Neither Phillips nor Mullins has a criminal record, and neither has been offered a chance to plead guilty to lesser charges in the case, according to their lawyers.

If convicted of second-degree murder, they face 15 to 25 years in prison. The sentence for attempted murder is eight to 12 years in prison, and the sentence for a vehicular manslaughter conviction is three to six years in prison.

Halfwit
05-21-2007, 05:50 PM
their fuxored. killed a young girl. sad to hear.

Fred Sanford
05-21-2007, 05:56 PM
their fuxored. killed a young girl. sad to hear.
Young girl? Did you see the picture in the 1st post?

http://www.on2.com/cms-data/images/Austin_Powers_512k_standard.JPG
That's a man man!

Ericp
05-21-2007, 06:00 PM
that's sad to hear

OneSlow5pt0
05-21-2007, 06:01 PM
it dont matter if he was drag racing or not,he deserves to be in jail for life...for what he did

Lankhoss
05-21-2007, 06:59 PM
Well, the lawyer used the word "preposterous" so I imagine he'll get away with it.

OneSlow5pt0
05-21-2007, 08:10 PM
but he was goin over the speed limit and killed somebody...thats murder in my book

Lankhoss
05-21-2007, 09:44 PM
Well, the problem is they're spotlighting street racing here, whereas it was some dipshit who went through a redlight that killed someone.....not a race.

I guess the arguments can be said that "If he wasn't showing off" or "If he wasn't speeding" he coulda stopped, or it wouldn't have been fatal, or blah blah blah. Thing is, the guy was obviously a moron for trying to do that crap how and where he did, and it was stupidity that killed that girl, not racing. Stupid people will do stupid and dangerous things that endanger others....you just can't stop that.

OneSlow5pt0
05-22-2007, 12:15 AM
^^^and those people dont belong on the road with a 3k pound weapon

Capt._Ron
05-22-2007, 12:32 AM
but he was goin over the speed limit and killed somebody...thats murder in my book

Actually thats the very definition of vehicular manslaughter. For something to be considered murder there has to be intent to kill. You can't tell me the kid said im going to take off from this like and kill those to girls with my mustang. I agree that he deserves to go to jail and I agree that he was in the wrong but shit does happen and that does not make him a murderer. If it does then everytime someone street races on here they are attempting murder of someone.

OneSlow5pt0
05-22-2007, 12:38 AM
^^well when u do street race u are putting ur life and others in danger

Capt._Ron
05-22-2007, 12:43 AM
true enough. I just dont know if its enough to make someone a murderer.

TIGERJC
05-22-2007, 01:17 AM
^^well when u do street race u are putting ur life and others in danger
I agree to a point and thats why I only race where only my life and the other driver is at risk. Also I have a no passenger (in my car) rule when I race.

OneSlow5pt0
05-22-2007, 01:21 AM
^^^iv only raced 3-4 times and thats with just me in the car at 1am out on country roads, if i killed anything it probbly be a deer,lol

but the dumbass in the story was doing something stupid in the city

TIGERJC
05-22-2007, 01:24 AM
Is street racing dangerous? Hell yea it is, and ppl should make all attempts to do it in the most safest way. I never race random folks on the highway and I always find out if the person I am going to race is atleast a decent driver.

dingo7
05-22-2007, 05:37 AM
^+1

Sayajin
05-22-2007, 08:33 AM
Thats not murder... thats vehicular homicide.

Yea, the kid was wrong for stop light racing, yea he killed the girl. But its not murder, its vehiclar homicide. The fact he was racing had nothing to do with it.

As a matter of fact, if someone robs a bank, which is a felony of course, and while running from the police in a high speed chase kills someone. They STILL dont get murder charges. They get vehicular homicide. Same thing for DUI!

There is a REASON for the law and particular charges. It is just stupid to try give the kid one charge when a SPECIFIC charge for what he did exists. The REASON they made the charge of vehicular homicide is because it was decided that when something like this happens, it is NOT murder.

The fact he was racing is irrelevant. Give the kid a street racing charge if you want. But at least charge him for the right thing.

btw, these guys do deserve 2 separate cases, I dont think they should have to be co-defendants.

-Sayajin

Novacaine
05-22-2007, 10:17 AM
If your going to race take it to the track plain and simple. If you at least can't do that don't race through crowded city streets. I can understand dicking around with someone on the interstate but to drag through crowded streets is moronic. I say slap him with vehicular homocide, street racing and every other charge they can get him with. Why because he made a stupid decision and I think we are all guilty of one of those however extreme. For example the girl sitting to the right of me right now skipped school ran a redlight while texting and killed a woman and one of her two children. She got 3 months of probation and thats it. Know what the kicker is? She wrecked three cars before that.

CHADbee
05-22-2007, 11:02 AM
fucked up thing is this guy is gonna get off with no jail time. if they just charged him with murder he will be found not guilty and they cant charge him twice on the same case. if they charged him with murder and vehicular homicide then the murder charge would not stick and he would go to jail for vehicular homicide, but he cant go to jail for something he wasnt charged for, unless he take a plea for the charge to be droped to vehicular homicide....

very sad situation, sucks people have to be stupid.

OneSlow5pt0
05-22-2007, 11:48 AM
^^^and thats y the court System sucks ass

Sayajin
05-22-2007, 11:49 AM
fucked up thing is this guy is gonna get off with no jail time. if they just charged him with murder he will be found not guilty and they cant charge him twice on the same case. if they charged him with murder and vehicular homicide then the murder charge would not stick and he would go to jail for vehicular homicide, but he cant go to jail for something he wasnt charged for, unless he take a plea for the charge to be droped to vehicular homicide....

very sad situation, sucks people have to be stupid.



They are charged with second-degree murder, an alternate count of vehicular homicide, and two counts of attempted murder.

Alternate count means that if they decide it was not murder, they can charge him with Vehicular Homicide. Its trying to fit everything possible into one trial.

Like you go to court and they say, okay so he wasnt street racing, but we are gonna charge him with exhibition of speed instead!

They made sure they covered all bases on that aspect, its just a waste of taxpayer dollars to try for murder when you KNOW it doesn't fit the crime.

The funny thing is, I bet had they just charged him with vehicular homicide and attempted murder, he would have gotten both. However it is kind of hard to find someone innocent of murder on the person who died, but guilty of attempted murder on the person who lived. Its an oxymoron. So if he gets off on the murder, he gets off on attempted murder as well.

They should have done it right from the beginning. He would get more time that way.


-Sayajin

B18c1Turboed
05-22-2007, 03:19 PM
Verdict: Guilty (http://www.courttv.com/trials/mullins/052207_ctv_verdict.html)

After deliberating for seven and a half hours, the panel chose not to convict Bradley Mullins, 19, and David Phillips, 39, of the more serious charge of second-degree murder for killing Cortney Hensley. If convicted on that charge, they could have faced up to 25 years in prison.

The jury also convicted both men of vehicular homicide for killing Hensley and reckless aggravated assault for causing the severe burns that Hensley's best friend, Courtney Beard, suffered during the fiery crash.

Mullins and Phillips were also found guilty of reckless endangerment and drag racing. At their sentencing July 31, they could face up to 15 years in prison. Judge Robert Cupp could also sentence them to as little as probation.

Mullins and Phillips did not express any emotion as the verdict was read.

OneSlow5pt0
05-22-2007, 03:29 PM
gay....should be over 50 years

wantboost
05-22-2007, 04:21 PM
what did the 40y/o in the viper do?

OneSlow5pt0
05-22-2007, 05:33 PM
i hope they throw the book at them,i think they might too..to make a example of them

Sayajin
05-22-2007, 06:42 PM
Verdict: Guilty (http://www.courttv.com/trials/mullins/052207_ctv_verdict.html)

After deliberating for seven and a half hours, the panel chose not to convict Bradley Mullins, 19, and David Phillips, 39, of the more serious charge of second-degree murder for killing Cortney Hensley. If convicted on that charge, they could have faced up to 25 years in prison.

The jury also convicted both men of vehicular homicide for killing Hensley and reckless aggravated assault for causing the severe burns that Hensley's best friend, Courtney Beard, suffered during the fiery crash.

Mullins and Phillips were also found guilty of reckless endangerment and drag racing. At their sentencing July 31, they could face up to 15 years in prison. Judge Robert Cupp could also sentence them to as little as probation.

Mullins and Phillips did not express any emotion as the verdict was read.

Badda Boom....

Just like I told ya.

Im sure the judge is going to throw the book at them tho, the bad thing is, the old guy didint get his own case. So even if he wasnt at fault, they couldnt find the kid guilty without also finding him guilty.

-Sayajin

KevinT707
05-23-2007, 10:05 AM
gay....should be over 50 years
You're gay. 50 years? They never intended to kill anyone; 15 years is still a VERY long time.

Have you ever been to jail?

Lankhoss
05-23-2007, 11:53 AM
Holy crap!!! If it's true the Viper guy wasn't racing, and just happened to be at a redlight when some punkass teenager was trying to measure up against his car, that would SUCK!

hydroshutter
05-23-2007, 02:14 PM
i hope they throw the book at them,i think they might too..to make a example of them

It's great to say whenever you aren't in that position.

Lankhoss
05-23-2007, 06:28 PM
It's great to say whenever you aren't in that position.

I think most of us aren't stupid enough to be in that position heh

wantboost
05-23-2007, 07:07 PM
Holy crap!!! If it's true the Viper guy wasn't racing, and just happened to be at a redlight when some punkass teenager was trying to measure up against his car, that would SUCK!
that is why i am wondering what they have on the 40y/o in the viper

OneSlow5pt0
05-23-2007, 07:38 PM
You're gay. 50 years? They never intended to kill anyone; 15 years is still a VERY long time.

Have you ever been to jail?

when ur racing or speeding ur breaking law then u kill somebody isnt that the same as robbing somebody is breaking the law and then u kill somebody

idk,how u think scaring somebody for life and killing another is only worth 15 years

Sayajin
05-23-2007, 08:11 PM
when ur racing or speeding ur breaking law then u kill somebody isnt that the same as robbing somebody is breaking the law and then u kill somebody

idk,how u think scaring somebody for life and killing another is only worth 15 years

Sorry man, but I cant take your side on this one.

That is once again the REASON we have different laws.

For example there is Murder 1, 2, and 3. Each one has different sentences. If muder was just muder, why have 2 seperate laws? Becuase the intent and decision making matters.

Now im not saying these guys were not in the wrong, nor am I saything they dont deserve time. Im just saying that giving them 50yrs for an accident just doesnt make sense. Weither they broke the law or not.

IE. If I am walking my dog without a leash (illegeal) and my dog runs away into the street. And then some guy swerves out of the way to miss the dog and kills himself. Should they put me in jail for 50yrs? Hell I broke the law right? Based upon your thought pattern its all the same.

btw, I still say it sucks for the old man if he really didint do anything.

-Sayajin

Fred Sanford
05-23-2007, 08:15 PM
Wow, look at all the armchair lawyers.
For the ones bitching about them not getting a long enough sentence, have you done anything besides bitch on here? Have you e-mailed, written, or called any judicial offices/mayor/congressmen to voice your opinions?

Sayajin
05-23-2007, 08:36 PM
Wow, look at all the armchair lawyers.


Its not being a laywer, its called common sense and being able to read the laws that are written on the bookx.


-Sayajin

KevinT707
05-23-2007, 09:44 PM
Sayajin speaks the truth, its all about INTENT.

bu villain
08-22-2007, 02:54 PM
but he was goin over the speed limit and killed somebody...thats murder in my book

So if someone was going 56 in a 55 and ended up crashing and killing somebody would you feel the same way? That's murder? That's equivalent to shooting someone in the head in the heat of passion? What if he was only going 5 miles over the speed limit and still killed her? Where do you draw the line? Do you know anyone who actually drives the speed limit at all times. You probably would get honked at incessantly if you did.

It also raises the question, does it matter if he was racing? Is it more wrong to be going 125 because you are racing someone or to be going 125 because you are really hungry and trying to get to McDonalds. To me they are both stupid and dangerous and can have the same consequences.

I know the law is more specific but I am just asking personal opinions.