Originally Posted by Iowanian
I wouldn't think a man under those circumstances would be expected to be in his right mind. Temporary insanity should be a very sound defense.
Put yourself in his place for a minute.
You're pushing a truck within sight of your home. Some drunken asshole smashes the bodies of your sons between his car and the bumper of your truck. Injuries are grotesque. Your sons are dying, your wife and living children are screaming.....and the asshole who is responsible is 8' away from you.
I'd wager more than 1 normally sane person could snap.
He should get manslaughter and minimal time in the pen.
Hard to argue with this.
What would everyone thoughts be if the driver wasn't drunk? It's an unlit road so it could have just as easily been anyone (probably a lot less likely though).