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Acquittal in Drunken Homicide via GTA

Posted by Zonk on from the mario-made-me-do-it dept.

The Wisconsin State Journal has the news of an acquittal in a drunken homicide charge against a Madison-area 30 year old. The defendant admitted to being intoxicated before the crash that killed his passenger. The jury found him innocent after he presented his defense: the passenger caused the crash by forcing him to attempt a manuever they'd done in Grand Theft Auto. "In an emotional testimony on Thursday, DeMeo said that Alexander had put his hand on DeMeo's knee and made him push the accelerator down hard, then grabbed the emergency brake and sent the car into a skid. DeMeo said that Alexander was trying to perform a maneuver that both had done in a video game, Grand Theft Auto: Vice City, that they played regularly."

80 comments

  1. Similar thing happened to me. by -kertrats- · · Score: 5, Funny

    I once killed an endangered squid-left it in a freezer overnight. I got out of a fine by saying it reminded me too much of a metroid.

    --
    The Braying and Neighing of Barnyard Animals Follows.
    1. Re:Similar thing happened to me. by Jippy+T+Flounder · · Score: 3, Funny

      i'm not sure which bothers me more...
      that you were in possession of an endangered squid, reason unknown, or that you placed it in a freezer overnight, also reason unknown.

      i'm going to turn off my pc now, and find myself a good book. i think i've just seen everything on the internet.

      --
      ---- I was woken up this morning by a face full of fur. Damn cat thought my head made a good pillow.
    2. Re:Similar thing happened to me. by Anonymous Coward · · Score: 0

      It's funnier if you've played Metroid.

  2. They bought it? by Anonymous Coward · · Score: 1, Interesting

    Okay, so we just have his word for it? That the passenger, who conveniently can't speak from the grave, forced him to do a handbrake turn?

    That's the real news. Who gives a damn about GTA? Handbrake turns have been present in Hollywood films for decades.

    1. Re:They bought it? by Mortlath · · Score: 5, Interesting
      I thought the following was really interesting:
      Humphrey said Alexander couldn't have interfered with DeMeo's driving because he was found moments after the crash still wearing a seat belt, his hands jammed into his pockets. He had suffered fatal head and heart injuries, Humphrey said, making it impossible for him to put his hands into his pockets after the crash.

      Meeker disagreed, saying in his closing argument that the car had been split open by the crash and Alexander could have put his hands in his pockets to keep warm.

      The article also mentions that the skid-marks didn't seem to indicate the use of the hand-brake either.

      Otherwise, I wonder that as games become more physically realistic, will more accidents result as more people try to pull crazy stunts they've done in video games?

    2. Re:They bought it? by Poltras · · Score: 0

      This is chubaka, he is a seven foot wookie, he lives on endor. now why would a wookie live on endor? it makes no sense...this case makes no sense!

      --
      Of Code And Men
    3. Re:They bought it? by Anonymous Coward · · Score: 0
      chubaka

      Fucking Japan fanboys.

    4. Re:They bought it? by NanoGator · · Score: 5, Interesting

      "Otherwise, I wonder that as games become more physically realistic, will more accidents result as more people try to pull crazy stunts they've done in video games?"

      There's a flip-side to think about. In GTA, dumb-ass pedestrians sometimes walk right out in front of you. Hit them, and the cops chase you. After some time with that game, I became more aware of pedestrians at crosswalks. I now watch what they're doing more intently before going around a corner, for example.

      No, it's not like I was running around mowing down peds before. I just mean that I drive more cautiously.

      --
      "Derp de derp."
    5. Re:They bought it? by WhatAmIDoingHere · · Score: 1

      I honestly hope that before you played GTA you didn't yank the Jesus Handle when you took tight turns on crowded streets.

      --
      Not a Twitter sockpuppet... but I wish I was.
    6. Re:They bought it? by NanoGator · · Score: 1

      "I honestly hope that before you played GTA you didn't yank the Jesus Handle when you took tight turns on crowded streets."

      No. I did, however, drive under the assumption that peds were smart enough to not walk out in front of me.

      --
      "Derp de derp."
    7. Re:They bought it? by IronMagnus · · Score: 1

      Who the fuck rides around in a car with their hands in their pockets?

    8. Re:They bought it? by Mortlath · · Score: 1

      Good question. Maybe the car didn't have a working heater? The weather is cold in a lot places still.

    9. Re:They bought it? by TrippTDF · · Score: 1

      I knew a girl that died in a car accident. someone in the backseat put their hands over the eyes of the driver and he went off the road. the daughter of my dad's misstriss died because of it. The late Erin Dunham and I used to play Dr, Mario together.

      May she rest in peace, whiule my family rests in pieces. fuck life. fuck ou ficu me hur the paid of it all I wwant to die.

    10. Re:They bought it? by Anonymous Coward · · Score: 0
      I thought the following was really interesting:
      Meeker also said that the police reached a conclusion early on that DeMeo was guilty and then tailored the evidence to support that conclusion.

      "Sometimes that's how far you have to go to get things right," Meeker said. "You have to make things up out of whole cloth."
      The jury must have concluded that the police falsified the evidence.
    11. Re:They bought it? by illbixby · · Score: 1

      It's called a "bootleg maneuver." Didn't any of you guys play Car Wars? I wonder if someone tried the same defense back in the early 80's "Well judge, there's this pen and paper game where you put guns, flamethrowers and even missles on cars and uh...nevermind your honor.

    12. Re:They bought it? by mink · · Score: 1

      Humm, given Anime series tend to have monosylabic cute creature sidekicks, does it say "chu" or "baka" constantly?

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  3. yep by Anonymous Coward · · Score: 1, Insightful

    its the games fault, not the morons

  4. Further questioning... by jZnat · · Score: 4, Funny

    When the defendent was further questioned about why he would even attempt a stunt from a videogame, he responded, "I was so sure that sv_cheats was enabled."

    --
    'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    1. Re:Further questioning... by game+kid · · Score: 1

      When the prosecutor reminded him that sv_cheats was a Half-Life feature not in GTA, the defendant sat silent.

      The prosecutor then added, "I rest my case," as she went to continue from where she left off at Route Kanal.

      --
      You can hold down the "B" button for continuous firing.
  5. It's not like he knew any better. by Anonymous Coward · · Score: 0

    Because, you know, 30 year olds are like so immature.

    Life imitating art and the courts bought it. Seriously, what the fuck?

    1. Re:It's not like he knew any better. by Meagermanx · · Score: 2, Informative

      Not it at all. They weren't saying it wasn't his fault because he did the move in GTA, they were saying it was his dead friend's fault, because he took control of the car. Supposedly.

    2. Re:It's not like he knew any better. by TheBot · · Score: 1

      Well dead people can't talk, so I guess his defense was an easy one to make up =\

      --
      Flat Screen TV for F
  6. Pointless... by OrangeStar · · Score: 1

    Wow.. another pointless defense. Or, alternatively, this person needs to know that real life isn't actually like a videogame. Where did the common sense go?

    --
    This .sig was pirated on BitTorrent, costing the MPAA millions of dollars.
    1. Re:Pointless... by Lehk228 · · Score: 1

      did you read the summary? a PASSENGER caused the accident

      --
      Snowden and Manning are heroes.
    2. Re:Pointless... by Anonymous Coward · · Score: 0

      did you read the summary? The passenger died with his hands in his pockets. The excuse for that was that after the wreck since the car was ripped open, the nearly headless passenger decided his hands were cold and put them in his pockets.

    3. Re:Pointless... by fafaforza · · Score: 1

      Who's to say? The only other person to corroborate or disprove the defendant's story is dead. Fact is that there was a fatal accident while this guy was driving drunk.

      I'm sure that in his drunken stupor, he did all he could to stop his friend from goofing around. Cough.

  7. Quick Summary by Prien715 · · Score: 1

    Two guys are driving in a car. The passenger thinks it'd be cool to pull the parking brake and push down and the driver's foot (emulating the quick turn in GTA). This causes the car to skid out of control and crash into a tree, killing the passenger.

    At least, that's the defense's story.

    This has nothing to do with GTA. It's about two drunk guys doing stupid things while drunk and one getting killed.

    --
    -- Political fascism requires a Fuhrer.
    1. Re:Quick Summary by FidelCatsro · · Score: 2, Insightful

      The charge should be based on the fact that he decided to pilot the vehical whilst intoxicated and in so doing so caused the death .
      The defense to me really sounds rather implausable, I mean the passenger must of been half way laying across the middle of the car to do that , and this could have been checked with forensics .
      Well i guess he is lucky i was not on the jury.

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    2. Re:Quick Summary by Anonymous Coward · · Score: 0

      "Humphrey said Alexander couldn't have interfered with DeMeo's driving because he was found moments after the crash still wearing a seat belt, his hands jammed into his pockets. He had suffered fatal head and heart injuries, Humphrey said, making it impossible for him to put his hands into his pockets after the crash."

      seems to back that thesis up .. the argument against that is total crap.

    3. Re:Quick Summary by Prien715 · · Score: 1

      I concur that the defense case sounds like a crock via the article, but that could just be the article. It's hard for me to believe that the entire jury could be that dumb.

      The charge should be based on the fact that he decided to pilot the vehical whilst intoxicated and in so doing so caused the death.

      I disagree with your first argument. Unlike most cases involving drunk driving where the victim had no choice in the matter, the victim willingly chose to ride with his obviously drunk friend. I think he knew the risks (and if he didn't because he was too drunk, what forbids the driver from using the same logic in his defense?)

      --
      -- Political fascism requires a Fuhrer.
    4. Re:Quick Summary by FidelCatsro · · Score: 1

      Driving whilst under the influence is a crime and thus cannot be used as a defense ,but there is nothing wrong with being a passenger of a private vehical whilst intoxicated ,
      This is why the driver cant use the "Because i was drunk " Excuse in his defense unless he was made intoxicated against his wishes.

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    5. Re:Quick Summary by Anonymous Coward · · Score: 0

      Unlike most cases involving drunk driving where the victim had no choice in the matter, the victim willingly chose to ride with his obviously drunk friend.

      That doesn't matter. You can't legally consent to some things while sober, and you can't legally consent to a lot of things when you are intoxicated. The fact that he "consented" to endanger his life this way is irrelevent.

      I think he knew the risks (and if he didn't because he was too drunk, what forbids the driver from using the same logic in his defense?)

      They were in different situations (or could easily have been; I don't know the specifics of the case). For example: his friend could quite easily go out and get drunk, knowing that it wouldn't be possible for him to endanger his own life by driving home, as he didn't have his car with him. Therefore, the recklessness that goes along with being drunk would not normally be a risk to him or others.

      The driver, on the other hand, had his car with him, and could reasonably forsee the act of getting drunk could make him reckless enough to drive while intoxicated. He was negligent by getting drunk while he had his car with him, while his friend wasn't.

      Having said all that, I have no problem whatsoever in holding the driver responsible for the death, even if his story was true. If he was sober, he could well have been able to prevent his drunk friend from taking control of the car like that, or he might have been driving slower, or any number of other possibilities. The fact is, when you are intoxicated, you have less control over your situation, and in order to drive without being negligent, you cannot afford to have less control.

    6. Re:Quick Summary by Reignking · · Score: 1

      You are the one who should be modded insightful for actually RTFA. You're right; this barely has anything to do with GTA, and the summary makes it seem as though "Video Games Made Me Do It" is now a viable legal defense.

      --
      One man's Funny is another man's Offtopic.
  8. It's true. by Koiu+Lpoi · · Score: 4, Funny

    Whenever I get drunk, I get the urge to pick up a hooker, use her services' and the proceed to run her over and take my cash back.

    I also occasionally hide in the shadows and blackjack people who walk by. I think I may have a problem.

    1. Re:It's true. by fm6 · · Score: 1

      When cops see you doing these things, do they challenge you to a fistfight? If so, you definitely have GTA reality issues.

    2. Re:It's true. by Koiu+Lpoi · · Score: 1

      Sure. I always manage to win, too. All I have to do is keep telling myself "Tortoise...Tortoise..."

    3. Re:It's true. by fm6 · · Score: 1

      You're a wimp. I always mutter, "Gunsgunsguns" and maybe "bangbangbang".

    4. Re:It's true. by Koiu+Lpoi · · Score: 1

      Heh, you ever set bangbangbang on an auto-repeat key sequence on a programmable joystick? Flying cars are here today.

    5. Re:It's true. by KozmoStevnNaut · · Score: 1

      It's easier to just pause the game by going to the menu, and then putting in the code a few times. When you return to the game, all the codes you put in while in the menu are activated instantly.

      --
      Eat the rich.
  9. Ive lost a little more faith by Anonymous Coward · · Score: 4, Insightful

    I really hate to be cruel , but this is what natural selection is all about..

    1. Re:Ive lost a little more faith by Mahou · · Score: 1

      haha someone submit the passenger for the darwin award

      --
      if i'm not immortal, what's the point of living?
      ...te?
  10. WTF? by jericho4.0 · · Score: 5, Insightful

    The prosecution said, and I assume no evidence was introduced to show otherwise, that there was no evidence that the EB had been pulled. Most strange, the passenger was found "moments later" with fatal head and heart injuries, with his hands in his pockets. The defence argues that he put them in his pockets to keep warm. Not likely. With a blood alcohol level of .16, if your passenger dies, your guilty of something.

    --
    "A language that doesn't affect the way you think about programming, is not worth knowing" - Alan Perlis
    1. Re:WTF? by aztektum · · Score: 1
      I grew up in Wisconsin. I wouldn't be surprised if members of the jury were intoxicated (I heard about it happening during a small time county court case in the 80's).

      I guess whatever worked for him. If they had taken out innocent bystanders I might have cared more, but 2 idiots taking each other out is natural selection to me. One guy lived this time, but he's got his buddies death on his conscience and only he knows what really happened.

      If his story is BS, he has to live w/ it. I know people that have been in these type of accidents and escaping w/o serious injury but knowing what happened tends to be punishment enough.

      --
      :: aztek ::
      No sig for you!!
    2. Re:WTF? by cptgrudge · · Score: 2, Insightful
      The problem I have with it is that it sets a precedent. It continues the push of not taking responsibility for one's own actions.

      Is the "victim's" family going to be able to sue Rockstar for wrongful death? Assuming the company loses, it directly translates into a cost to society. Either the company lays off employees because they have to restructure, or the price of their games goes up, or their stock price falls. The destruction of personal responsibility is not good.

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
  11. better than southpark :) by arcanumas · · Score: 3, Insightful

    I think this puts the Chewbacca defense to shame.
    Well done, reality!

    --
    Slashdot Sig. version 0.1alpha. Use at your own risk.
  12. "Friends don't let friends drive drunk" by RedLaggedTeut · · Score: 1

    Or (do) sit on the passenger seat.

    --
    I'm still trying to figure out what people mean by 'social skills' here.
  13. One small detail by fm6 · · Score: 5, Informative

    Before everybody sneers at contorted lawyers logic, note that "GTA confusion" was not the defense of the guy on trial. His defense was that his passenger interfered with his driving. Supposedly he did so while drunkenly imitating a GTA move, but his reasons for doing what he did was not relevent, since his guilt or innocence was not at issue.

    1. Re:One small detail by Anonymous Coward · · Score: 0

      Given that the passenger isn't around to testify, it's a flimsy defense at best.

  14. Good by 01000011011101000111 · · Score: 1

    Never mind the darwins - good thing the guy did this - imagine if he'd decided to emulate a rampage instead, or gone round shooting cops with a uzi...

    --
    Programming is an Art. I am an Artist. Does that mean I get to wear a daft hat?
    1. Re:Good by antifoidulus · · Score: 3, Funny

      What if he decided to emulate Rampage instead? Going around punching buildings and eating whatever he finds(be it people, hot dogs, or electric signs)

      --
      Monstar L
  15. I for one... by game+kid · · Score: 0

    ...welcome our squid-freezing, bounty-hunting, fine-dodging overlords.

    --
    You can hold down the "B" button for continuous firing.
  16. It's a fair cop, but society is to blame. by NZheretic · · Score: 2, Funny
    From Monty Python, Live at the Hollywood bowl:

    Husband:

    It's a fair cop, but society is to blame.

    Detective-Parson:

    Right, we'll arrest them instead!

    Church Policeman (John Cleese):

    Come on, you! Are you in society? Are you in society?

    Are you in society?
  17. Not only that but... by neo · · Score: 2, Funny

    The defendant in this case represented himself after watching an episode of Law and Order. The defendant refused to comment on his future plans, but there are reports that he's been watching episodes of the Six Million Dollar Man.

  18. Yep, they will.... by ReKleSS · · Score: 1

    See here. Some people...
    (And before anyone starts getting ideas.... go take judo lessons and learn to do it *safely*)
    -ReK

    --
    md5sum -c reality.md5
    reality: FAILED
    md5sum: WARNING: 1 of 1 computed checksum did NOT match
  19. been there... by Lord+Bitman · · Score: 1

    I have an asshole friend who pulls the e-brake in order to do that GTA thing. He doesnt do it anymore, but, yeah, been there.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  20. Emergency Brake? by Physician · · Score: 0

    Do the vehicles in GTA Vice City even utilize an emergency brake?

    --
    Does God treat us as servants or friends? Check my homepage.
    1. Re:Emergency Brake? by Anonymous Coward · · Score: 0

      Yes.

  21. Yeah, well... by BaatZ · · Score: 0

    Just be carefull where to do it. I live in a place full of forest and trees and stuff, and it's allright to make a handbrake-turn out there. But don't whipe out pedestrians, you can't tell me you didn't notice it 'd be illegal, not to mention that you have some consciousness to worry about...

  22. hand on knee by cahiha · · Score: 1, Funny

    Thursday, DeMeo said that Alexander had put his hand on DeMeo's knee

    You know, when one drunk guy puts his hand on the knee of another drunk guy, it usually means that there is something else going on than GTA phantasies...

  23. Sick by Mooga · · Score: 2, Insightful
    It's really sick that someone can use a video game in a defence and get off the hook. And this is coming for a gamer BTW.

    What's next? A man open fires and claims that he does it in videogames all the time? If you don't know the difference between real life and a video game then you shouldn't by playing!

    --
    ~ Mooga
    1. Re:Sick by rockspider · · Score: 2, Insightful

      I'll just refer you to FM6's previous comment. "Before everybody sneers at contorted lawyers logic, note that "GTA confusion" was not the defense of the guy on trial. His defense was that his passenger interfered with his driving. Supposedly he did so while drunkenly imitating a GTA move, but his reasons for doing what he did was not relevent, since his guilt or innocence was not at issue." Try to cool it with the paranoia. This case isn't threatening the videogame / reality distinction.

    2. Re:Sick by 88NoSoup4U88 · · Score: 2, Interesting
      "If you don't know the difference between real life and a video game then you shouldn't by playing!"

      The guy at the gamestore is no psychiatrist...
      And if you have trouble distinguishing the real world from a game world, I guess you aren't the best person to judge yourself.

  24. He should've alt-tabbed outta there by UltimaL337Star · · Score: 3, Funny

    must've forgot to turn on the +7 Trainer.

  25. Honey... by Ayanami+Rei · · Score: 1

    I wish I could give you a hug.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  26. Thats funny. by Lennavan · · Score: 1

    Gee thats funny, I'm a fricking pro at making those handbrake turns in GTA. Of course this is after crashing into cars, buildings, trees, light posts and people a few hundred times before I got good at it. Turns out GTA is realistic after all?

  27. We need a "russian roulette" game ... by AHumbleOpinion · · Score: 1

    We need a "russian roulette" game distributed to the idiots who like to emulate video games in the real world. Hmm ..., maybe a "russian roulette" music video too.

    The movie "The Deer Hunter" helped a little in the 70s but it was a little too slow/long to reach all the right people, apparently some of them bred.

  28. What GTA has to do with this? by Anonymous Coward · · Score: 0

    Most car/racing simulators have a hand brake. and they pretty much do the same in each. why did you even mentioned "GTA" when theres like 50 games that do exactly the same?

    Seriously media guys GTA 3 is almost 10 years old now, can you go and pick some other game as "evil in a box" please? I heard DDR could cause heart attacks ,luminees hypnothic states and DMC 3 and Ninja gaiden cause assasin rage (specially against the controller) while playing in "hard" with some imagination you could blame them for murder, taxes, arsom and raping too.

    1. Re:What GTA has to do with this? by Carrot007 · · Score: 1

      > Seriously media guys GTA 3 is almost 10 years old now

      Nice counting ;-) What you mean is the original GTA is nearly 10 years old, and then only if you accept 5 months of 9 years old as nearly 10.

      --
      +----------------- | What is the question!
  29. Wow! by gstoddart · · Score: 1

    So getting really drunk and doing stupid things gets you acquitted of things like this by blaming it on a video game? Expect drunken idiots everywhere to start doing some staggering things with little or no consequences.

    By the sounds of it the guy who died deserves a Darwin award.

    --
    Lost at C:>. Found at C.
  30. Drake on Drake by arete · · Score: 1

    You haven't seen everything on the internet if you haven't seen this scientific report on mallard drakes.

    http://www.nmr.nl/deins815.htm

    --
    Looking for freelance Actionscript (Flash/Flex) or ColdFusion work and/or freelance developers. Email me, put Slashdot
  31. Black Box by purduephotog · · Score: 2, Insightful

    Pity there wasn't a black box installed in the vehicle that could tell
    1) Speed
    2) Pedal position
    3) Brake position
    4) Parking break
    5) Steering wheel manuvers for 5 seconds.

    Think how much easier this would be.

  32. Actually there is by Anonymous Coward · · Score: 0

    Car makers have had a 'black box' in most cars for a while now. They store data from a while (tens of seconds) before air bag deployment. They do at least record speed and brake info. The cops know this and have used the info in court many times now to deflate stories like this one.

    btw. I assume the car makers started putting in the 'black box' feature to counteract lawsuits arising from air bag deployment, or lack thereof.

  33. If any of you guys get the urge to do this... by cluke · · Score: 2, Informative

    Give yourself a sporting chance at least.. instructions for handbrake turns.

    You might also be wise to try it on a disused airfield or something. And without a drunk passenger. And without being drunk.

  34. Well.... by Spazztastic · · Score: 1

    The key word in the article is "Under the Influence," because they were drunk. And that is the only time you would be dumb enough to perform such behavior.

    --
    Posts not to be taken literally. Almost everything is sarcasm.
  35. Thinning the herd... by rAiNsT0rm · · Score: 1

    Although I must admit I've held to "the line" while taking corners for real after playing extended amounts of GT3. I also almost took out some orange cones after playing a bit too much carmageddon back in the day, and then I realized in real life orange cones denote danger lies beyond, and swerved outta the way. Games do have the ability to kind of blur the reality line a bit, but this one is just stupid.

    --
    http://teasphere.wordpress.com - A little spot of tea
  36. There'll always be idiots. by LordSnooty · · Score: 1

    The real story: There'll always be idiots who think they can do dangerous things without injury to themselves. And to others, it seems here. Did the guy say he'd put his friend's hands in his pockets for him, along with the rest?

  37. Well dur. by Shanoyu · · Score: 1

    I don't think this has anything to do with Grand Theft Auto, other than explaining why his drunk friend was making him do something so utterly stupid. It's not like the guy had a choice as the article denotes that there was a struggle; you can't really hold someone responsible for a shooting if the victim pulls the trigger.

    Suicide by Alcohol.

  38. It's the parents' fault! by Jakeypants · · Score: 1

    If his parents had understood the ESRB rating this game was given, they probably wouldn't have bought it for him. It's clearly their fault!

  39. Evolution in action by Anonymous Coward · · Score: 0

    Emergency brake?

    Never heard of a single car that had "an emergency brake".

    Plenty of cars on the road have parking brakes, to stop them rolling away when parked. They also come in handy when rallying.

    Dumb motorist attempts dumb maneuver.
    Dumb motorist dies.
    Just this once, dumb motorist doesn't kill a bystander.

  40. Darwin Awards by NeuroAcid · · Score: 1

    They're around for a reason.

    --
    "I don't need drugs to enjoy this, just to enhance it" - Otto