Thread: NC - Woman charged in fatal accident

Originally Posted by lccat

Originally Posted by attorneyatlaw

Originally Posted by JadensMama

This woman murdered a great man. If charges are dropped, it will cause many, many people to be outraged. Have you read my other posts? I am a personal friend of the family, and have been for over 25 years. This woman not only caused the accident, when she shouldn't have even been here in the first place, but then proceeded to run him over while trying to flee the scene. Bystanders saw it, his own SON saw it. Do you think those images will ever be out of that little boy's head? He saw his father get murdered. This boy is not the same happy-go-lucky boy I knew last week. This lady had to stopped by another bystander to be kept from getting away. All she had to do was stop....like most people do when they get into an accident. Bryan would still be here today. But NOOO, she was too worried about being deported...AGAIN. She also knew that she had just ran over a man, while he was trying to get up and crawl over to his son. Also, I cannot verify this fact yet, but rumor has it that the other lady involved in the wreck passed away today as well. So if that is true, now she has TWO deaths on her hands. Still think charges will be reduced???

I just said that DA's tend to over charge and when defendants are initially charged, most of the time, the defendants are not held to answer ALL of the original charges. Where new evidence is presented DA's can also add charges. If what you are saying is true about this second death, she may have to answer new charges as well.

I don't judge cases through the media or family members. They all tend to be one-sided, just like if I asked the defendant what occurred. She would most likely not tell me all the facts and try to reduce her culpability.

The fact that she violated the law of our nation by entering the United States as an ILLEGAL after already having been deported from the United States and her presence directly resulted in the murder of a United States Citizen, (if she was not an ILLEGAL in United States the man would be alive today or at least not murdered by the ILLEGAL), means nothing to you.

In criminal law, I have learned that there are three sides to every story:
the defendant's; the state's/alleged victim's; and the truth. I will not make a conclusion without hearing all of the evidence myself. I have seen too many people found guilty through news reports, and the media only for a jury to return from deliberations in record time with a not guilty verdict. How often do you read a newspaper and say, "wow, that person must be innocent"? It doesn't happen like that because that story does not sell.

Personally, if she is found guilty of all charges, she should pay her debt to society as any other reasonably convicted person should.

JadensMama,

Thank you for your information. Please keep us informed for the newspapers and our government agencies will not.

I was wondering about the other woman,too. My prayers are with all the heavy hearts connected to this tragic event.

Please read post information on this article:
Sanctuary Law to Blame for Murder of Father, Two Sons
http://www.alipac.us/ftopict-152698.html

attorneyatlaw:

And let's not forgot the 3pm est public eyewitnesses.

Originally Posted by attorneyatlaw

Originally Posted by lccat

Originally Posted by attorneyatlaw

Originally Posted by JadensMama

This woman murdered a great man. If charges are dropped, it will cause many, many people to be outraged. Have you read my other posts? I am a personal friend of the family, and have been for over 25 years. This woman not only caused the accident, when she shouldn't have even been here in the first place, but then proceeded to run him over while trying to flee the scene. Bystanders saw it, his own SON saw it. Do you think those images will ever be out of that little boy's head? He saw his father get murdered. This boy is not the same happy-go-lucky boy I knew last week. This lady had to stopped by another bystander to be kept from getting away. All she had to do was stop....like most people do when they get into an accident. Bryan would still be here today. But NOOO, she was too worried about being deported...AGAIN. She also knew that she had just ran over a man, while he was trying to get up and crawl over to his son. Also, I cannot verify this fact yet, but rumor has it that the other lady involved in the wreck passed away today as well. So if that is true, now she has TWO deaths on her hands. Still think charges will be reduced???

I just said that DA's tend to over charge and when defendants are initially charged, most of the time, the defendants are not held to answer ALL of the original charges. Where new evidence is presented DA's can also add charges. If what you are saying is true about this second death, she may have to answer new charges as well.

I don't judge cases through the media or family members. They all tend to be one-sided, just like if I asked the defendant what occurred. She would most likely not tell me all the facts and try to reduce her culpability.

The fact that she violated the law of our nation by entering the United States as an ILLEGAL after already having been deported from the United States and her presence directly resulted in the murder of a United States Citizen, (if she was not an ILLEGAL in United States the man would be alive today or at least not murdered by the ILLEGAL), means nothing to you.

In criminal law, I have learned that there are three sides to every story:
the defendant's; the state's/alleged victim's; and the truth. I will not make a conclusion without hearing all of the evidence myself. I have seen too many people found guilty through news reports, and the media only for a jury to return from deliberations in record time with a not guilty verdict. How often do you read a newspaper and say, "wow, that person must be innocent"? It doesn't happen like that because that story does not sell.

Personally, if she is found guilty of all charges, she should pay her debt to society as any other reasonably convicted person should.

I believe you stated:

Driving is not an unusually dangerous activity

1) you apparently don't own a motorcycle
2) you never rode with my wife (seriously)

If you are familiar with immigration law please break the bad news regarding what could happen with these State charges regarding submission of guilty plea and waiver of deportation hearing in exchange for immediate removal. Honest answer only please...

Motorcycle accidents kill 3 over weekend (With Video)

By: Bob Costner

http://news14.com/content/top_stories/6 ... fault.aspx

BURLINGTON – Three separate motorcycle accidents claimed three lives over the weekend.

Friends say 43-year-old Bryan Barber of Winston-Salem was out for a Sunday ride with his 8-year-old son William when their Harley was hit. Barber died at the scene. William was airlifted to Duke Medical Center. He was reported in fair condition Monday.

Police say the driver of a pickup truck ran a red light and slammed into a car and Barber's motorcycle. Lidia Monica Lopez, 41, is facing several charges, including misdemeanor death by motor vehicle, operating a vehicle with no operator's license and running a red light.

Police also say 33-year-old Dexter Siddle, of Winston-Salem, died Friday night when his motorcycle collided with an SUV. Apex resident Robert Whitesell Jr., 55, died in Alamance County when he lost control of his bike and hit a mailbox.

Experts think the accidents may be a combination of the start of the riding season and the usual problems of other drivers not seeing motorcyclists.

"The reality is you have to ride as if you're invisible," said Mark Wheelihan, who owns the Harley Davidson dealership in Greensboro. He said he's been riding since he was 12.

He agrees that this early in the season, drivers just aren't used to seeing motorcycles on the road.

"There are very few that are out during the inclement weather months, and they're just not trained to look for them," said Wheelihan.

In addition to selling all kinds of Harleys and other motorcycles, the dealership also sells add-on lighting to make bikes more visible. It also holds motorcycle safety classes.

"Motorcyclists can never lose sight of the fact they're exposed, and cars aren't," said Wheelihan. "What's an accident to a car is a death to a motorcyclist."

Woman in fatal wreck previously cited for having no licenseWednesday, April 8 ( updated 2:19 pm)



Lidia Monica Lopez
Credit: Courtesy of Burlington Police Related Stories
Woman charged after fatal Burlington crash (Apr. 6)

BURLINGTON (MCT) — A woman charged with the death of a 43-year-old man killed while riding a motorcycle in downtown Burlington on Sunday was cited last summer for driving with no operator's license.

Lidia Monica Lopez, 41, who is from Mexico, is allegedly using an alias and is in this country illegally, received a citation July 11 from the Alamance County Sheriff's Department.

But she was not arrested and processed through the 287(g) illegal immigration enforcement program, said Randy Jones, a sheriff's department spokesman.

''The officer remembered that she had some form of identification that appeared valid," Jones said. "In turn, he issued a citation -- just like we always said we would -- and she was released." Lopez pleaded guilty to the charge July 31. She paid the $50 fine and the $121 court costs, according to court records.

Burlington police charged Lopez, who lives on North Fisher Street, Burlington, Sunday with misdemeanor death by motor vehicle, driving with no operator's license and running a red light.

Lopez was traveling east on South Church Street in a 1995 Dodge pickup truck when she allegedly ran a red light at the intersection of Davis Street and collided with a 1990 Dodge driven by Pamela Coble, 60, of Glenwood Avenue, Burlington. Coble was traveling south on Davis Street.

After Lopez's truck collided with Coble's vehicle, the truck moved into the right lane of the westbound traffic and collided with the motorcycle driven by William Bryan Barber Sr., of Winston-Salem.

''The motorcycle fell on its side and went sliding across the roadway. The front tire of the (motorcycle) then collided with a light pole," according to the Burlington police wreck report.

William Barber Sr. died at the scene. His 9-year-old son, William Bryan Barber Jr., was a passenger on the motorcycle. He was taken by helicopter to Duke University Medical Center in Durham. He was listed in fair condition Tuesday.

Lopez and Coble were both treated at Alamance Regional Medical Center.

Lopez was then placed in the Alamance County jail under $10,000 bond but because of her legal status, she won't be released from jail.

She had a first court appearance Monday. According to a handwritten note stuck to her file, Lopez's "boyfriend went back to Mexico two weeks ago. She told officers she had plans to follow him in a couple of weeks." The name "Lidia Monica Lopez" is an alias used by Irma Bejar Perez, said Ivan Ortiz-Delgado, spokesman for U.S. Immigration and Customs Enforcement.

''ICE has filed a detainer on Ms. Irma Bejar Perez," Ortiz said in a written statement. "The detainer is a tool that ICE uses to notify law enforcement that ICE may have an interest in the individual. The law enforcement agency is required to notify ICE if the individual is eligible for release. ICE subsequently determines what actions are appropriate depending on the circumstances surrounding the individual case."



http://www.news-record.com/content/2009 ... no_license

Lidia Monica Lopez or Irma Bejar Perez or what other stolen IDs.

North Carolina GOVERNMENT this is your fault

Americans being damaged for life.

No... I was not refering to the Felony Murder Rule, as unfortunately, the crime of illegal re-entry does not envoke that rule.

The possession of a valid drivers license implies that one has the minimum knowledge, competence and education/instruction required to operate a motor vehicle. Choosing to drive without that license demonstrates a willful disregard for those standards, education and those around you. If a drivers license didn't imply that one possess those minimum standards, then why the need or require anyone to have a drivers license.

In this case, that willful disregard of those minimum standards amounted to further violations while driving said vehicle, resulting in the death of another. Therefore, arguing this behavior amounted to a reckless act and thus, an aggravating factor is not unreasonable, especially if this woman had a prior violation, as now it seems may be the case.

I guess the rest of my argument relies upon the , the laws are unjust rational. You know, the same rational the illegal invaders( and those who advocate on their behalf) rely upon when they are demanding the same rights and benefits reserved for American citizens, whereby many of our politicans are all to ready to listen.

There is something inherently wrong in this country when someone who has been previously deported, illegally re-enters this country for a second time and then kills an innocent American citizen. The laws dealing with this sort of crime must be examined and enhanced to reflect the serious nature they truly are.

No matter how much you want to argue the law being applied is just in this case, the fact remains this person would likely be alive today but for the reckless acts of someone who had no legal or moral basis to even be in this country.

In the meantime, we shall see how this case develops, as I'm confident the state will upgrade the charges in this case as the facts continue to materalize and warrant

Originally Posted by NoBueno

No... I was not refering to the Felony Murder Rule, as unfortunately, the crime of illegal re-entry does not envoke that rule.

The possession of a valid drivers license implies that one has the minimum knowledge, competence and education/instruction required to operate a motor vehicle. Choosing to drive without that license demonstrates a willful disregard for those standards, education and those around you. If a drivers license didn't imply that one possess those minimum standards, then why the need or require anyone to have a drivers license.

In this case, that willful disregard of those minimum standards amounted to further violations while driving said vehicle, resulting in the death of another. Therefore, arguing this behavior amounted to a reckless act and thus, an aggravating factor is not unreasonable, especially if this woman had a prior violation, as now it seems may be the case.

I guess the rest of my argument relies upon the , the laws are unjust rational. You know, the same rational the illegal invaders( and those who advocate on their behalf) rely upon when they are demanding the same rights and benefits reserved for American citizens, whereby many of our politicans are all to ready to listen.

There is something inherently wrong in this country when someone who has been previously deported, illegally re-enters this country for a second time and then kills an innocent American citizen. The laws dealing with this sort of crime must be examined and enhanced to reflect the serious nature they truly are.

No matter how much you want to argue the law being applied is just in this case, the fact remains this person would likely be alive today but for the reckless acts of someone who had no legal or moral basis to even be in this country.

In the meantime, we shall see how this case develops, as I'm confident the state will upgrade the charges in this case as the facts continue to materalize and warrant

You equate re entry after a deportation order along the lines as burglary, arson, rape, sodomy, and kidnapping so that the felony murder rule applies? Wow! I don't think you'll find one legal scholar with that same opinion. While the crimes mentioned above are a gross invasion of one's person, illegal entry is a crime against our society, and government.

Driving without a license led to a "further violation" of running a red light?
I thought even licensed drivers ran red lights too.

Whether you have a license or not, running a red light given the same facts will amount to the exact same charge. Sure the unlicensed driver will face an additional charge of driving without a license or suspended license but that fact alone does not affect the culpability (aggravated charge as you stated) of the act/result of running the red light. The law doesn't agree with your theory.

You are right there is something wrong when someone reenters the country after a deportation order. It is felonious and in addition to her serving time in prison, this country will never allow her to become a citizen or resident.

I can't say her act was reckless. I see people daily run red lights. I would certainly say her act was at least negligent. Without knowing what time of day it was, the amount of traffic, the type of vehicle she was driving, the speed of that vehicle, and how long after the light she entered the intersection, one can't assume she acted recklessly because of our prejudices against illegal aliens.

I am not arguing that I believe the laws are just, but every legal source I have ever consulted, or studied has stated what the legal standards are applying the facts of this case and I have reported my professional opinion not my personal opinion, and apparently the District Attorney/investigating agency seems to agree .

If we are going to expect our laws to be followed, honored and respected, I believe we must also follow, honor and respect those laws first as citizens of this country. When we twist, interpret, and try to form the law to further our prejudices (nothing wrong with being prejudice so long as it's not based on race, sex, etc.) I believe we allow those we oppose to do the same.

Originally Posted by attorneyatlaw

Originally Posted by NoBueno

No... I was not refering to the Felony Murder Rule, as unfortunately, the crime of illegal re-entry does not envoke that rule.

The possession of a valid drivers license implies that one has the minimum knowledge, competence and education/instruction required to operate a motor vehicle. Choosing to drive without that license demonstrates a willful disregard for those standards, education and those around you. If a drivers license didn't imply that one possess those minimum standards, then why the need or require anyone to have a drivers license.

In this case, that willful disregard of those minimum standards amounted to further violations while driving said vehicle, resulting in the death of another. Therefore, arguing this behavior amounted to a reckless act and thus, an aggravating factor is not unreasonable, especially if this woman had a prior violation, as now it seems may be the case.

I guess the rest of my argument relies upon the , the laws are unjust rational. You know, the same rational the illegal invaders( and those who advocate on their behalf) rely upon when they are demanding the same rights and benefits reserved for American citizens, whereby many of our politicans are all to ready to listen.

There is something inherently wrong in this country when someone who has been previously deported, illegally re-enters this country for a second time and then kills an innocent American citizen. The laws dealing with this sort of crime must be examined and enhanced to reflect the serious nature they truly are.

No matter how much you want to argue the law being applied is just in this case, the fact remains this person would likely be alive today but for the reckless acts of someone who had no legal or moral basis to even be in this country.

In the meantime, we shall see how this case develops, as I'm confident the state will upgrade the charges in this case as the facts continue to materalize and warrant

You equate re entry after a deportation order along the lines as burglary, arson, rape, sodomy, and kidnapping so that the felony murder rule applies? Wow! I don't think you'll find one legal scholar with that same opinion. While the crimes mentioned above are a gross invasion of one's person, illegal entry is a crime against our society, and government.

Driving without a license led to a "further violation" of running a red light?
I thought even licensed drivers ran red lights too.

Whether you have a license or not, running a red light given the same facts will amount to the exact same charge. Sure the unlicensed driver will face an additional charge of driving without a license or suspended license but that fact alone does not affect the culpability (aggravated charge as you stated) of the act/result of running the red light. The law doesn't agree with your theory.

You are right there is something wrong when someone reenters the country after a deportation order. It is felonious and in addition to her serving time in prison, this country will never allow her to become a citizen or resident.

I can't say her act was reckless. I see people daily run red lights. I would certainly say her act was at least negligent. Without knowing what time of day it was, the amount of traffic, the type of vehicle she was driving, the speed of that vehicle, and how long after the light she entered the intersection, one can't assume she acted recklessly because of our prejudices against illegal aliens.

I am not arguing that I believe the laws are just, but every legal source I have ever consulted, or studied has stated what the legal standards are applying the facts of this case and I have reported my professional opinion not my personal opinion, and apparently the District Attorney/investigating agency seems to agree .

If we are going to expect our laws to be followed, honored and respected, I believe we must also follow, honor and respect those laws first as citizens of this country. When we twist, interpret, and try to form the law to further our prejudices (nothing wrong with being prejudice so long as it's not based on race, sex, etc.) I believe we allow those we oppose to do the same.

Excuse me, but may I again politely ask your opinion this matter?
Apparently you overlooked my previous request.

If you are familiar with immigration law please break the bad news regarding what could happen with these State charges regarding submission of guilty plea and waiver of deportation hearing in exchange for immediate removal. Honest answer only please...