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View Full Version : Lois Capps (D-CA) Employee Charged With Murder For Hit and Run DUI




dannno
12-12-2013, 05:10 PM
This is a very sad and tragic story that happened a few days ago in my community.

Raymond Morua
http://media.independent.com/img/photos/2013/12/09/Morua_Raymond-1_t180.jpg?7d662043685d97479ca3193f5d07ca695b5434d c

Mallory Dies
https://pbs.twimg.com/profile_images/1905767559/1332067951532.jpg

Raymond Morua was a veteran who fought in the Iraq war in the early 2000's. He came back and had severe PTSD and had problems with alcohol and received two DUIs.

He then decided to turn his life around. He went to a University, graduated and headed the Veterans Affairs organization on campus. He then got a job as district representative for Democratic Congresswoman Lois Capps (D-CA).

Mallory Dies was a bartender at a very popular bar/club and enjoyed recreational drinking. She was beloved by her friends and peers, was very friendly and outgoing and just a great person.

Last Friday night Raymond went to a party hosted by the Santa Barbara Independent, the publication that ran the two stories on the incident in the two links below. The party lasted until 8:30pm. Almost four hours later, just after midnight, he was driving down a one way street where there is a gas station/convenience store on one side and a very popular club/bar on the other side (NOT the same bar/club Mallory worked at, there are quite a few here). People routinely cross the street in the middle of the street where there is no crosswalk, and this is actually legal there. It is a busy little section of road and generally people drive pretty slow and most of the cars that go through there seem to be taxis.

I don't know what happened or how it happened, but some how Raymond Morua hit Mallory Dies. I don't know if he was being negligent or if Mallory jumped out into the middle of the street suddenly and Raymond Morua just happened to be driving in that path, but Raymond Morua had a .17 BAC. After he hit her he got out of his car and looked back and could see she was being helped by several people. Knowing that when police arrived he would be arrested, get a DUI and lose his job he decided to drive away. A witness said he should stay, but he was very quiet, said "no....no...." and drove off. Then he wrecked his car and police arrested him.


http://www.independent.com/news/2013/dec/11/dui-hit-and-run-victim-dies-suspect-charged-murder/

http://www.independent.com/news/2013/dec/09/dui-hit-and-run-suspect-raymond-morua-has-criminal/


Mallory Dies, unfortunately, was pronounced dead yesterday just after 3pm after about 5 days of fighting in the hospital. They took her off life support, her body was alive but her brain was not.


So I see two big issues here:

1) Overseas empire/PTSD should obviously be brought to the forefront.


2) How do you deal with this type of situation in terms of responsibility?

I can imagine a scenario where Mr. Morua was sloppy, drunk, speeding, driving all over the road and through pure negligence struck this girl in the middle of the street. In this case I think Mr. Morua should be held responsible and receive some time in prison for 3rd degree murder.

But I can also imagine a scenario where Mr. Morua was relatively in control, driving down the street and Mallory was negligent and suddenly stepped in front of his car. I mean, when you cross the street and you aren't in a cross walk, you don't just walk out into the street - you look both ways, or in this case ONE way as it was a one way street. So she obviously was not being careful, which does not necessarily absolve Mrs. Morua of all guilt, but it shows that it is possible that Mallory's negligence of going into the street caused the accident and Mr Morua, drunk or sober, had no way of avoiding her. In that case I don't believe he should be responsible because his BAC was incidental and would not have been responsible to cause the accident.

So of course if you read the articles below and the comments there are a lot of people talking about zero tolerance DUI laws where you can't drink anything before driving, breathalyzers required to start a car, all of the typical responses you might expect when a 'poor innocent girl' is run over by a mad, scathing drunk who should be taken out and shot for even considering getting behind the wheel of a car after consuming alcohol (/s). Then there are people who think the alcohol industry is out of control and the government needs to not allow there to be so many bars, clubs and venues that serve alcohol.

On the other hand, if he is responsible then I think he should do some time in jail. I guess if I were on the jury it would come down to witnesses, of which I am sure there were many.

I got yelled at a lot in the comments for insinuating that maybe it was possible Mallory was partly at fault for stepping out in front of a drunk driver and maybe it wouldn't have mattered whether he was drunk and so maybe we shouldn't send this guy to the execution chamber just yet..

What do you guys think?

angelatc
12-12-2013, 05:18 PM
I'm usually not big on punishing people for accidents. But this guy would fall into a gray area, because according to one of your links:
in recent years for two prior DUIs, a previous hit-and-run, driving with a suspended license, and grand theft.

A previous hit-and-run as well as 2 prior DUIs? I think murder should require intent, but manslaughter...I could probably go for that.

Philhelm
12-12-2013, 05:21 PM
Mallory should have been more careful, since her last name was a dead giveaway and a huge spoiler.

dannno
12-12-2013, 05:25 PM
I'm usually not big on punishing people for accidents. But this guy would fall into a gray area, because according to one of your links:

A previous hit-and-run as well as 2 prior DUIs? I think murder should require intent, but manslaughter...I could probably go for that.

Yes I covered that when I outlined his PTSD, I believe, according to a report I read from one of his college buddies, that he had no criminal record before he entered the military - he got back from his service after 15 months and committed several crimes including DUI/hit and run/grand theft (>$400) - decided to turn his life around, went to and graduated from a 4 year college (he may have had a couple years of credits, but I imagine he went to school for at least 2-4 years) and then has been working for Lois Capps since. I believe when they say 'recent years' I believe they mean more than 4 - 6 years ago before he went to college.

So I wouldn't want to punish him again for his previous crimes. I want to know if he was negligent this time. The other thing is, I can understand giving somebody a really hard time for hit and run if they just leave the person there no matter what the circumstances are - but since he knew there were plenty of people there already taking care of her I can understand that he took off because he knew he would receive a DUI if he stayed, even if it wasn't his fault. Or maybe it was his fault and he knew it and he wanted to get out of there, I don't know.. but when you're playing the "reasonable doubt" game you have to go in that direction.

angelatc
12-12-2013, 05:37 PM
Yes I covered that when I outlined his PTSD, I believe, according to a report I read from one of his college buddies, that he had no criminal record before he entered the military - he got back from his service after 15 months and committed several crimes including DUI/hit and run/grand theft (>$400) - decided to turn his life around, went to and graduated from a 4 year college (he may have had a couple years of credits, but I imagine he went to school for at least 2-4 years) and then has been working for Lois Capps since. I believe when they say 'recent years' I believe they mean more than 4 - 6 years ago before he went to college.

So I wouldn't want to punish him again for his previous crimes. I want to know if he was negligent this time. The other thing is, I can understand giving somebody a really hard time for hit and run if they just leave the person there no matter what the circumstances are - but since he knew there were plenty of people there already taking care of her I can understand that he took off because he knew he would receive a DUI if he stayed, even if it wasn't his fault. Or maybe it was his fault and he knew it and he wanted to get out of there, I don't know.. but when you're playing the "reasonable doubt" game you have to go in that direction.


If had any sense he would have left the car and gone into the bar and slammed down a couple of drinks.

I've been pretty much brainwashed with the "you can't leave the scene of an accident" mantra since before I could drive. I just don't buy that he didn't know it was wrong to leave. That right might not be negligence, but it's definitely a crime.

Without seeing how the accident happened, I don't know how negligent he was. But the rule of thumb here is that pedestrians always have the right of way.

I feel for anybody that killed someone accidentally, but you'd have to convince her loved ones that he deserved mercy more than me, I think.

dannno
12-12-2013, 06:00 PM
If had any sense he would have left the car and gone into the bar and slammed down a couple of drinks.

Wow, you mean so he could tell the police he was sober but after he hit her he got drunk? That's interesting.. don't know if it would work.. But he could even go so far as to pretend to take the shots, throw them on the floor and come out and say he just drank 3 or 4 shots and he wouldn't be in the .24 range, instead .17 so it wouldn't look so suspicious. Still don't think it would work tho.




I've been pretty much brainwashed with the "you can't leave the scene of an accident" mantra since before I could drive. I just don't buy that he didn't know it was wrong to leave. That right might not be negligence, but it's definitely a crime.

Oh he knew it was illegal to leave the scene, no doubt.

There's a difference between morally wrong and legally wrong. As I said if you are in an accident and the person needs help there is no excuse to leave the scene. But if there are 15 people standing around and 2 or 3 people on their cell phones calling the ambulance, there really isn't much he needs to be there for. And the only justification I have is that if it wasn't his fault, they would likely blame him and charge him with murder just for being drunk, and even if not he would still get a DUI no matter what even if it wasn't his fault.



Without seeing how the accident happened, I don't know how negligent he was. But the rule of thumb here is that pedestrians always have the right of way.


Ya pedestrians have the right of way, but there are times when you are driving down the road, a pedestrian could literally dive in front of your car and there would be nothing you could do about it.. or they could pop out from behind another car.

What baffles me is that you are allowed to cross that section of road legally right smack in the middle - it's a busy city street there are almost always cars going through there. I understand why they might not enforce j walking laws there, I've done it a bunch of times, there are always drunk people crossing the street there. I'm actually surprised I haven't heard about any serious accidents there before.

angelatc
12-12-2013, 06:04 PM
Wow, you mean so he could tell the police he was sober but after he hit her he got drunk? That's interesting.. don't know if it would work.. But he could even go so far as to pretend to take the shots, throw them on the floor and come out and say he just drank 3 or 4 shots and he wouldn't be in the .24 range, instead .17 so it wouldn't look so suspicious. Still don't think it would work tho.



I wouldn't advise him to tell the police anything. I would allow his lawyer to explain it to the jury. He does not need to prove he was sober - the state needs to prove he was drunk.

I hate cops. I have less interest in seeing justice served than I do seeing cops get pissed off.

phill4paul
12-12-2013, 06:16 PM
Wow, you mean so he could tell the police he was sober but after he hit her he got drunk? That's interesting.. don't know if it would work.. But he could even go so far as to pretend to take the shots, throw them on the floor and come out and say he just drank 3 or 4 shots and he wouldn't be in the .24 range, instead .17 so it wouldn't look so suspicious. Still don't think it would work tho.

It can and does. Knew a neighbor in VA that was transporting hay on a trailer. Around a bend the strapping failed causing a shift in weight that made the trailer flip. Right there on the highway. He had been drinking. Didn't want to mess with the whole thing so he went to the median, pulled out a cooler, threw a couple empties beside it and popped the top on one. When the Sheriff showed up he just said..."That wreck drove me to drink.' Didn't get cited for DUI.

dannno
12-12-2013, 07:04 PM
It can and does. Knew a neighbor in VA that was transporting hay on a trailer. Around a bend the strapping failed causing a shift in weight that made the trailer flip. Right there on the highway. He had been drinking. Didn't want to mess with the whole thing so he went to the median, pulled out a cooler, threw a couple empties beside it and popped the top on one. When the Sheriff showed up he just said..."That wreck drove me to drink.' Didn't get cited for DUI.

Huh.

phill4paul
12-12-2013, 07:12 PM
Huh.

This was in VA and what works for one might not another. Just saying.

dannno
12-12-2013, 09:31 PM
This was in VA and what works for one might not another. Just saying.

Ya I imagine there was a line to get in at the club, but there was a convenience store that sells alcohol right there which would have worked too I suppose.

dannno
12-30-2014, 03:35 PM
http://www.independent.com/news/2014/dec/29/dies-family-awarded-25-million-settlement/


Dies Family Awarded $2.5 Million Settlement
Feds Pay Up for Congressional Aide’s Hit-and-Run Death of Mallory Dies
Monday, December 29, 2014
By Tyler Hayden

After a year of legal haggling and political haranguing, the U.S. government has agreed to pay the family of Mallory Dies $2.5 million for the death of the 27-year-old Santa Barbara resident by congressional aide Raymond Morua.

Morua, then a district representative for Congressmember Lois Capps, hit Dies in a drunk-driving accident last December. Capps’s office repeatedly denied that Morua — who had two prior DUIs — was working at the time, but the Dies family and their attorneys maintained he was indeed on the clock. They filed a wrongful-death lawsuit against the government earlier this year and signed the settlement on November 1, three days before the general election.

The U.S. Attorney’s Office declined to comment on the agreement, which stipulates the government doesn’t admit any liability in Dies’s death. Dies family attorney Robert Stoll, however, dismissed the document’s language as pro forma and said “implicit in the payment is a full admission of liability.”