Quannell X in Town

[bullets13]

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[bullets13]

I'm kind of curious about this one from a legal view.  The driver of the ATV that hit and killed a little boy in Terrell Park is in jail on warrants, but not charged with a crime in this yet.  People are screaming for justice, but BPD is taking their time with interviews, and I'm assuming bloodwork, before filing any charges in the accident.  I have a feeling that depending on the circumstances, people aren't going to be happy with "justice" if it's determined that the ATV rider was sober and that he was driving responsibly and the kid caused the accident by running in front of him.  There are "No ATV" signs in the park, but this could still add up to be basically just a tragic traffic accident.  

[bullets13]

I'm also curious to see how the family proceeds with the lawsuit that they're undoubtedly planning.  Quannell X wouldn't be in town if he didn't smell money.  The child was hit and killed by a black man who likely doesn't have any money, so it's not about race.  I'm curious to see who's big pockets the lawsuit goes after.  I'm assuming the city of Beaumont and maybe BPD, because it's totally their fault that this guy ignored the signs and broke the law.  

[Hagar]

No doubt there’s “blood (money) in the water to get QX here.  I have sympathy for the parents/family, but this new development is strange.  As I remember from the News, he claimed BPD didn’t test the man for alcohol/drugs.  If true, I feel a Cha-Ching coming.

[baddog]

If a white man had run over this kid, he would have been beaten to death right then and there. Sorry that the kid got killed, but kids can dart at a moment’s notice. As cruel as it sounds, the blame lies with the parents. 
There are speed limit signs in the park. I believe 20mph. That could be a factor but who can prove it? 
We will all have to wait and see what happens. Not sure where Rid X fits in here. 

[CardinalBacker]

You know what's crazy?  I find myself like Quannel X more and more as time goes on.  I think a lot of it had to do with him agreeing to go through police training and all.  I just don't hear as much garbage out of him as I used to.  It's also because I don't think he's an attorney, so the "big lawsuit" money isn't going to him.  I think the guy really just wants to be a voice.  

Or I'm getting old.  I don't know.  

 

[baddog]

55 minutes ago, CardinalBacker said:

You know what's crazy?  I find myself like Quannel X more and more as time goes on.  I think a lot of it had to do with him agreeing to go through police training and all.  I just don't hear as much garbage out of him as I used to.  It's also because I don't think he's an attorney, so the "big lawsuit" money isn't going to him.  I think the guy really just wants to be a voice.  

Or I'm getting old.  I don't know.  

 

He came to Lumberton and threatened to burn it down, so forget him. If he has truly changed his feathers, he should apologize to the town of Lumberton. 

[bullets13]

1 hour ago, CardinalBacker said:

You know what's crazy?  I find myself like Quannel X more and more as time goes on.  I think a lot of it had to do with him agreeing to go through police training and all.  I just don't hear as much garbage out of him as I used to.  It's also because I don't think he's an attorney, so the "big lawsuit" money isn't going to him.  I think the guy really just wants to be a voice.  

Or I'm getting old.  I don't know.  

 

I've heard too many stories about him demanding exorbitant fees from families in need before he would come speak for them and bring attention to their cause.  When you hear stories of him wanting $10K to "help" someone, it kinda makes you question his motives.  

[SmashMouth]

1 hour ago, baddog said:

As cruel as it sounds, the blame lies with the parents. 

No way to know that. Did the dude jump a curb and hit him in the grass? Was he drunk? I know ATV’s aren’t even allowed there.

[baddog]

19 minutes ago, SmashMouth said:

No way to know that. Did the dude jump a curb and hit him in the grass? Was he drunk? I know ATV’s aren’t even allowed there.

You’re right. I should have said might be on the parents. And even that is cruel sounding. 

[CardinalBacker]

It is kinda strange to me that the suspect hasn't been identified.... Call me a racist, but I just assumed it was black guy on the ATV that ran over the kid.  Normally that's who you see riding ATVs in public where they're not allowed.  All of my homies tend to ride way off in the sticks where they aren't supposed to be, lol.  

 

[SmashMouth]

2 minutes ago, CardinalBacker said:

It is kinda strange to me that the suspect hasn't been identified.... Call me a racist, but I just assumed it was black guy on the ATV that ran over the kid.  Normally that's who you see riding ATVs in public where they're not allowed.  All of my homies tend to ride way off in the sticks where they aren't supposed to be, lol.  

 

I’m not calling you a racist, but dang son if you aren’t always throwing around racist sounding comments. Lol. Come over to Hardin County. Us crackers even drive our rigs on the freeway occasionally. Lol. 

[CardinalBacker]

19 minutes ago, SmashMouth said:

I’m not calling you a racist, but dang son if you aren’t always throwing around racist sounding comments. Lol. Come over to Hardin County. Us crackers even drive our rigs on the freeway occasionally. Lol. 

They shouldn't have planted all of those trees behind my house if they didn't want me riding around in the woods, right?

[bullets13]

28 minutes ago, CardinalBacker said:

It is kinda strange to me that the suspect hasn't been identified.... Call me a racist, but I just assumed it was black guy on the ATV that ran over the kid.  Normally that's who you see riding ATVs in public where they're not allowed.  All of my homies tend to ride way off in the sticks where they aren't supposed to be, lol.  

 

it's a black guy.  The news hasn't reported his identity, but I've seen it a few places on facebook.  I assumed it was a black guy as well, as that neighborhood is almost entirely minority, and you see a lot of guys riding around on atvs.  

[SmashMouth]

1 hour ago, CardinalBacker said:

They shouldn't have planted all of those trees behind my house if they didn't want me riding around in the woods, right?

Exactly. 

[thetragichippy]

4 hours ago, baddog said:

He came to Lumberton and threatened to burn it down, so forget him. If he has truly changed his feathers, he should apologize to the town of Lumberton. 

LOL.....I was there when he came to Lumberton.  They were outnumbered big time and the police was looking for a reason to arrest him. He was very humble that day.

[thetragichippy]

6 hours ago, bullets13 said:

I'm kind of curious about this one from a legal view.  The driver of the ATV that hit and killed a little boy in Terrell Park is in jail on warrants, but not charged with a crime in this yet.  People are screaming for justice, but BPD is taking their time with interviews, and I'm assuming bloodwork, before filing any charges in the accident.  I have a feeling that depending on the circumstances, people aren't going to be happy with "justice" if it's determined that the ATV rider was sober and that he was driving responsibly and the kid caused the accident by running in front of him.  There are "No ATV" signs in the park, but this could still add up to be basically just a tragic traffic accident.  

It's funny to me when people want the cops to make up crimes and charge people for offenses that are not there.....

as far as fault.....If I was the parent, I would blame myself.  I was not a helicopter parent, but I was strict and depended on no one to watch my kid when we did things.  We don't know the full story, but to fill a kid with a 4 wheeler, he would have to be going extremely fast, or he was driving on the blacktop and the kid was in the street.......purely based on what little information I have seen..... 

[bullets13]

11 minutes ago, thetragichippy said:

It's funny to me when people want the cops to make up crimes and charge people for offenses that are not there.....

as far as fault.....If I was the parent, I would blame myself.  I was not a helicopter parent, but I was strict and depended on no one to watch my kid when we did things.  We don't know the full story, but to fill a kid with a 4 wheeler, he would have to be going extremely fast, or he was driving on the blacktop and the kid was in the street.......purely based on what little information I have seen..... 

kinda my take on this as well.  In both of those situations the parent should shoulder some blame.  I saw a post on facebook that said the driver was high on crack cocaine, and also that he'd been asked to quit riding multiple times.  Now, who knows if any of that is accurate.  But if he'd been riding around for awhile, especially dangerously, there's no way my kids would have the opportunity to be run over.  

[thetragichippy]

3 minutes ago, bullets13 said:

kinda my take on this as well.  In both of those situations the parent should shoulder some blame.  I saw a post on facebook that said the driver was high on crack cocaine, and also that he'd been asked to quit riding multiple times.  Now, who knows if any of that is accurate.  But if he'd been riding around for awhile, especially dangerously, there's no way my kids would have the opportunity to be run over.  

I didn't hear that, but if that is true, that parent holds a lot of responsibility. It's a parents job to observe surroundings and make good decisions.  This is sounding like she is looking to deflect responsibility.  

[bullets13]

44 minutes ago, thetragichippy said:

I didn't hear that, but if that is true, that parent holds a lot of responsibility. It's a parents job to observe surroundings and make good decisions.  This is sounding like she is looking to deflect responsibility.  

To me it feels like she's looking for someone to sue, and my guess is the city of Beaumont or BPD for those deep pockets.  But to me, even if the guy was in the grass, there were signs saying no ATVs.  It would be like someone suing the city because their kid died in a car accident where they got hit by someone going 70 in a 50.  It's not the city's fault they broke the law.  But yeah, it's really feeling like she's looking for $$, especially bringing in QX.

[5GallonBucket]

The parent is who got him involved....she will regret it in the end.

[tvc184]

It can easily be made a racial incident if no arrest has yet been made. All you have to do is flip the script and say, if a black man had killed a white child, he would have been arrested at the scene. A black man kills a black child in the police don’t care. And if the ATV driver turned out to be white…

It is unlikely that any suit against the city of Beaumont or the police department would be successful. There is no constitutional right of protection by the police. The US Supreme Court in Castle Rock v. Gonzales in a 7-2 decision said that unless there is a specific state law requiring a police action, they have no constitutional grounds for a lawsuit. Two of the biggest words in law enforcement are “may” and “shall”.  May it discretionary it means that a person or the police can act legally but it’s not required to. Shall means that an action will take place or a law will be violated. There are some but very few requirements on the police in Texas and actually in most states. Most laws say that a policeman “may” for example, make a report, make an arrest, investigate an accident, etc.

With no required mandatory traffic enforcement under Texas law and no United States Constitution requirement to protect, I doubt that lawsuit lawsuit would be successful. If that was true then every person ever injured in a traffic accident could successfully sue the city or the state. 

I can think of at least a couple of criminal charges they could possibly be filed against the driver of the ATV. It is not much of a criminal charge but there is one called reckless driving that says if a person is driving recklessly in a public place, it is a crime. I think it only carries up to 30 days in jail. With this accident happened is definitely a public place. Assuming it happened on the roadway, is a crime to drive an ATV on the roadway because Beaumont does not have an ordinance allowing golf carts or certain ATVs on the roadway. In Either situation, I would think it would be easy to prove that the ATV driver acted recklessly because he has driven a vehicle in an area that is deemed not safe be it the road or a prohibited area.
 

But....... To recklessly kill a child, it is the felony crime of Injury to a Child. Also the crime of Aggravated Assault can be to recklessly cause serious bodily injury or death. Again, I think they could probably make the case even if the child ran in front of the ATV driver who is operating that vehicle in an area that is deemed to be unsafe. 

[bullets13]

I found some facebook drama from the wife of the guy who ran over the kid basically claiming that the kid's mom was drunk and not watching him.  For whatever that's worth.  

[SmashMouth]

18 minutes ago, bullets13 said:

I found some facebook drama from the wife of the guy who ran over the kid basically claiming that the kid's mom was drunk and not watching him.  For whatever that's worth.  

It’s certainly possible. Did the wife also say her husband had no business riding a prohibited ATV in a public park or in a roadway? Nobody ever owns up to anything. I’m sure there’s blame to be spread around. Did she happen to mention that a young child was dead at least in part because her husband disobeyed the law?

[bullets13]

7 minutes ago, SmashMouth said:

It’s certainly possible. Did the wife also say her husband had no business riding a prohibited ATV in a public park or in a roadway? Nobody ever owns up to anything. I’m sure there’s blame to be spread around. Did she happen to mention that a young child was dead at least in part because her husband disobeyed the law?

she said it was an accident, and people are trying to crucify him.  Which she's probably not wrong there.  But obviously nobody wants to own up to any part of it.  It's the way things work now.