|
ROSEVILLE - A jury found William "Billy" Moon of Auburn guilty of second-degree murder and gross vehicular manslaughter while intoxicated in the June 3, 2006 death of his friend Stewart Shapton.
Friday afternoon the jury of seven women and five men announced it had reached a verdict after deliberating since late Thursday afternoon in a trial that has lasted six weeks.
The courtroom was almost completely silent except for the sounds of sniffles from family and friends on both sides as Judge Larry Gaddis prepared to read the jury's decision.
Upon reading that Moon, 23, was found guilty of both charges, the defendant and members of his family began crying. Moon dropped his head into his hands as he shook his head no.
The family and friends of Shapton, 20, of Auburn, remained silent.
Once Gaddis had asked the jurors as a group if those were indeed their verdicts and asked each to raise their hands, defense attorney Clyde Blackmon asked for an additional poll of each juror, some of whom had tears in their eyes.
As Gaddis asked each individual juror their vote, each responded yes.
Moon's father, David Moon, leaned forward in his seat repeatedly saying, "I can't believe this."
Gaddis then ordered Moon remanded into custody at which time Blackmon stood to ask if Moon could remain free on the total $1 million bail posted until his November sentencing.
"You can see he has a very close knit family," Blackmon said. "There's no reason for Moon to leave."
Citing a state law, prosecutor Stephanie Macumber requested that Moon be remanded.
Gaddis said he appreciated Blackmon's statement but upheld the remand order.
When Moon was handcuffed, a look of anguish crossed his face as he and his family cried. His mother stood to hug him before he was escorted out of the courtroom. As he was walked away, his family stood, calling out, "We love you Billy" and "you're innocent."
As Moon family and friends walked out of the courtroom, the Shapton family and supporters remained seated and quiet.
Outside of the courtroom David Moon, spoke briefly and emotionally on Billy Moon's behalf.
"He's innocent," David Moon said. "He wasn't driving the car. They didn't let us present the evidence we needed. We're outraged."
As the Moon family left the courthouse, family members were hugging each other. Moon's mother and father walked slowly, with arm over arm, to their car where they briefly spoke with family and friends before leaving.
A similar scene occurred when teary-eyed members of the Shapton family and friends left the courtroom hugging, and walking arm in arm. Macumber spoke on their behalf.
"I think this means the family can have some closure," Macumber said. "The jury did a really good job. I know it was very hard to come to a verdict but they came to the right one so justice was served."
Moon remains in the custody of the Placer County Sheriff's Department. He is scheduled to appear again in Placer County Superior court Nov. 19 for sentencing.
The Journal’s Jenifer Gee can be reached at jeniferg@goldcountrymedia.com or post a comment.
|
Not registered? Click here
|
Share this
|










Well there it is. I am sure that some will see this as a mistake, but the evidence must have been convincing. Bottom line is that both made a mistake and one lost his life. Its unfortunate that Moon will have to live with thie fact that he lost his best friend that night, no matter who was driving.
I was not sure if they would go for both counts. I was forseeing Guilty of Manslaughter but not Murder 2. I am sure the jury thought about this long and hard since Mr. Moon is so young. I would not have wanted to be a jurior in this case. To much weight to carry emotionally.
103 MPH enough said.
Thank God, Justice is serverd. The Shapton family can finally start to heal. As for Moon, and Evens how dare them try to put the blame one their friend. I hope that Moon can carry a message for the rest of his days to others about what he did, not only accidently kill kis friend but then deny it. He just should of taken a plea. Any thoughts on what kind of sentance he will get?
Justice was served!!! Now the Shapton's will have the closure they need, and their child's name will no longer be smeared in the press.
On 9/26/08 at 11:50 AM, 4Justice wrote:
Is it wrong to presume someone innocent until proven guilty? Isn't that what the justice system is all about. If he is PROVEN guilty beyond a reasonable doubt, I will be happy that justice was served. That is all I am saying.
I knew both boys. Stuart was a good, hard-working young man with dreams for the future. And, Billy was a good fun-loving kid, and a great golfer. He was also immature, a spoiled rich kid, an alcohol abuser, and a pot-head. Daddy should have laid down the law the first time he was arrested for drunk driving. But instead, he allowed both boys to get plastered at his house, and then somehow allowed them out of the house. Daddy must have a tough time sleeping at night.
What Mr. Moon should have done was convince Billy to plea bargain for a lesser charge and arrange for his prison time to be served at a low security prison. Now, he'll get 15 years and be Bubba's play-thing.
Two families ruined. One life lost. There are no winners here. But justice was served.
justice was not served ! let see do the injuries to the driver matche up to the damage of the car? any normal person could see who was driving and he is deceased. now an a innocent man is being sent to prison
Guilty!
if justice was served and the judicial system is fair then why wasnt it allowed the fact that stewart had driven Bell road numerous times at high speeds for pure enjoyment as well as stewarts use of alcohol and marijuana. Then tell me Teflon... Why plea Bargain when your innocent. Wake up and Smell the coffee.
A jury of his peers heard all of the evidence, and they ALL came to the same conclusion. GUILTY! So angle08, shut-up and smell the coffee.
Angle08--Stewart is dead. His driving record doesn't matter now. Stop smearing Stewart's name. It is sickening that you feel the need to keep spewing out garbage...it makes you look ridiculous. The trial is over so stop taking it personal and get over yourself.
103mph on Bell road is crazy.
watching2 - It must be time to take your meds
teflon you are the immature one! you have nerve talking about billy like that behind your writting..
angle08 - WRITTING??? idiot. You just talked about Stewart, and he can't defend himself. Hypocrite!
angle08- i have no idea who you are, but as someone who was amazingly close to Stewart, more than you can ever imagine, you're psychotic. he never did that and i knew him almost better than anyone. if thats what you really think you weren't as close as u thought. its over, proven guilty. justice finally!
Justice has been served.
And for those of you that have been following this case so closely, making comments of doubt and slander about Shapton, the emergency responders on scene, the validity of the DA, and the many testimonies of key witnesses - may you be silenced.
Moon got exactly what he deserved. He is guilty of driving under the influence & killing his friend - he has shown no remorse for his actions and for that he should receive a maximum sentence. And as for the request for bail? No surprise that if that were granted Moon & his new best friend, Evans would be on the first plane out of this mess.
This case is a clear example of how money and a couple of good defense attorney's can't always buy a "not guilty" verdict.
I was so hoping that Billie Moon would admit that he was driving and then ask for mercy from the Court. He not only has to live with the fact that his actuions killed one of his best friends, but that he also wasn't man enough to accept responsibility He also lives with the fact that his indulging parents would do anything to get him off. How very sad. When are we going to learn to bring up our children to what is right and wrong, no matter what the outcome. I feel sad for both families. I pray that in prison Billie Moon learns to know Jesus and the true forgiveness that He offors all of us.
Apparently, Moon's defense was to tell the big lie and keep repeating it - I wasn't the driver! But, it seems, the jury thought the evidence said otherwise. I don't know about your feelings, but, since it was to Moon's advantage to make the claim ('somebody else's fault' is an oft-heard defense), I tend to believe the evidence and the jury. People, take note - actions have consequences!
I write this as the tears fall uncontrollably from my eyes, as I have just read all of your above comments.
This is not a teenage spat of who can make the others feel bad for the loss of two such amazing lives. (SO GROW UP YOU, YOU KNOW WHO U ARE U BANTERS BACK AND FORTH.)
Stewart was Billy's best friend, now just image you loosing your best friend no matter how it happened or what you both did, that person is gone from your life forever. this is of no fault to anyones parents. this was a decision that BOTH boys had made. a horrible one....
LET US NOT HURT EACH OTHER BY LASHING OUT WITH OUR OWN PAIN. Stewart would not want his friends to be cruel to one another ... he would want us all to embrace and find healing. Whatever your belief of the trial or the boys PRAY for them both. Stewart is in a better place, it is not with us and we will never be the same. But now his best friend Billy is paying the price, guilty or not HE IS SUFFERING more than anyone. He is a good man, a good friend and will be missed terribly.
Billy be strong. Justice will prevail. Stewart we all love and miss you very much. Look after us all and hold Billy in your arms. And let him know your forgiveness! Amen
GiveItRest In lthis case, the jury has spoken. I pray that it was the right verdict.
Moon (and Shapton) grew up in this small town, sheltered and unaware of how ugly the world can be. Prison will be a horrific punishment, beyond what most of us can imagine. Some of you will take pleasure in it. Enjoy.
Palmquist-I truly believe that the majority of parents would do whatever it takes to protect their children, and yes, especially from being locked up for most of their lives. A parent's love knows no bounds.
It's so sad for the Shapton's, I doubt this will lessen their grief. One can be eaten up by anger, the only emotional relief is to let it go and forgive.
teflon-Before you get so hateful with angel08, remember that Stewart got into the car willingly, there were many errors in judgement that night.
Something is being served up in Placer County, but it isn't justice. But then I'm obviously delusional. For some reason I thought the DA was supposed to try the case, not the judge. Billy Moon's friends and family were rocked by this verdict, but not beaten. Teflon, didn't you read the warnings about overheating your non-stick frying pan. Maybe the people up at the golf club who employed Stewart, who knew he was under-age, shouldn't have served liquor to a minor. Tell me Teflon - is that Budgie you keep by the stove lying on the bottom of his cage. And you thought he was sleeping. Now the stuff has gone and coated your gray matter. Too bad, 'cause it's one of the most environmentally persistent substances known to man. Almost as persistent as ignorance and corruption. Every year an estimated 6,000 to 7,500 Americans are wrongfully convicted. Add Mr. Moon's name to that list.
Well said salamander! Both were at fault. A horrable ACCIDENT! No one wins in this situation.
I just want to make a few things clear. First of all, justice has NOT been served in this case. Injuries sustained by Billy show that there was no way he could have been on the drivers side of the car that was demolished, and have survived. I know Billy VERY well and he would never, EVER, go against his father when he told him not to drive and he would definitely not put his best friends' life at risk.
Teflon: You clearly did not know Billy Moon at all - please do not even try to say you do. And how DARE you try to put the blame on Billy's father. His parents have suffered enough seeing Billy lose his BEST FRIEND, and now they have lost their own son. Billy has amazing parents who do NOT spoil him. They teach him right from wrong, they brought him up in a good conservative Catholic household. Billy attends mass every single Sunday. He is an outstanding golfer because his father taught him discipline from the beginning. That night, his father did NOT allow them out of the house and strictly told them to stay in because he realized they had been drinking at the COUNTRY CLUB. His father would never let them get behind a vehicle. What happened afterwards is clearly a poor decision made by both boys who were clearly not thinking straight. Billy is NOT a pot head and never has been. He was a CIF champion for Woodbridge High School golf. He was All-American his freshman year of college at Stanislaus State. Stop hating on someone you know nothing about. You are the immature one teflon. Grow up and get your facts straight!
Billy's Family:
Me and my family are all devastated by this verdict, along with the rest of Irvine. You are all in our prayers and we definitely hope that Billy gets his justice soon. Please keep faith that God will provide justice and this nightmare will eventually be over. We know what an amazing person Billy is. He does not deserve to be made an example of. We do mourn the loss of Stewart, but it is tragic that not one, but TWO beautiful lives are going to be taken. You are all in our prayers. Be strong!! We love you.
Billy, we love you so much and miss you terribly already. Be strong. God will take care of you, I promise. You are in everyone's prayers here in Irvine...if only you could see how many people are behind you 100% and how many people love and care about you here. We love you forever and ever amen ;)
theonlytruth: speaking of accountability, have you ever heard of HIPPA (Health Information Portability and Privicy Act)?. I know this information was covered in the trial, but you have broken a very specific law that protects privacy by discussing the facts of someones health care with people who are not directly involved with that person's care. Maybe you would like to "review" these "details" too.
This is a perfect example on how corrupt our society is today. People are making judgements and comments on a person who do not even know Billy personally or his family personally. Shame on the firefighter for their lies and shame on the DA for being so inhumane for what she did to Billy and his family. Some of you must forget that Billy lost his best friend! the physical proof shows that there is no possible way the driver survived! if you saw the pictures you would understand. But none of us have so no one should have any comments to say! the truth will always come out on top. We will not stop fighting for Billy since he is the strongest and most amazing person out there now of days. He will stay strong and he will not give up. So the ones who are talking badly about billy and his family i am disgusted since you obviously do not know any of them. BILLY MOON IS INNOCENT. The truth will come out soon!
Onlythetruth,HIPPA-You must know, a federal health information privacy act that you must not think includes rescue personnel.
In addition, from information from friends who are "FF" I was under the impression that only CHP or law enforcement remove ID from victims.
Hey "theonlytruth" how the hell does Billy become "combative" when he has a BROKEN neck and is having seizures? Hm...that is interesting. Never heard of that happening. There goes your credibility, you moron.
T.O.T, looks like the Sermon from the Mount backfired. 13 commandments. Weren't there only 12 in the original!? Must be tough living in the land of perfect wisdom and virtue . Your words were twisted by a "diseased defense attorney." What the heck does that mean? I think the "twisting of your words" started the day you first sat down with the D.A.'s investigator. I think maybe you were "twisted and manipulated" by that amiable fool into spinning a yarn. I think your story did change. T.O.T you are the one who is quilty of trying to create an "illiusion" - the illusion that 20 years of "responding to help people in need" somehow places you above suspicion. The fact that you would choose to post in this forum is jaw-droppingly unprofessional. I don't want to attribute motive T.O.T. Maybe the D.A. put you up to it. Who knows. What was that refrain? oh yeah! Alive is Alive and Dead is Dead - and B.S is B.S.
let me begin with a few quotes. "To error is human, to forgive is divine.' "Let he who is without sin cast the first stone.' "judge not, and you will not be judged.' I remember a lesson from my psychology class. A person wispers something to the person next to him and it is passed on. By the time it got to the last person it was'nt even close to the original message. Often what one person see's or repeats is not how others see it or repeat it.
rick: first let me say, just because "theonlytruth" testified to these details under oath in no way releases him from the federal law HIPPA, which protects privacy. Yes, a federal law, so why is one person breaking the law okay, and someone else doing it is not? Laughable? I dont think so. It is very specific and clear. Second, David Moon is a very good and caring father. I'm sure you would have served YOUR son up to the DA on a platter, despite overwhelming proof that he was not driving, just to prove to the world how good a father you are. If you knew anything about the case you would know that Billy had a broken neck, seizures, was in a coma at the hospital and that many drugs given to pts cause amnesia. Billy doesnt remember who was driving and has often stated that he wishes he could. He didnt what to put his family through this unnecessarily. The Moons are good people who are doing what any other family would do, except for you rick, aka Father of the Year!
You’re absolutely correct, my post was unprofessional, and I apologize. It was written out of frustration from reading post after post that made it appear as if the witnesses were out to get Moon. I hold nothing against the Moon family and wish them the best for the future. I am tired of seeing young adults die as a result of alcohol and hope some good will come out of this.
rick298...thank you for your comments. Just think, if Billy had done the honorable,moral thing and addmitted guilt, and then taken a plea, he might be half way through his sentence by now. Instead the Moons have wreaked havoc on so many people for the last two years and yes, Billy will now have many, many years in prison to reflect.
billymoonisinnocent, what motive would a firefighter have to lie, twist or manipulate? Attorneys on both sides do twist and manipulate, it's kind of their job.
I've been trying follow this case but there's a couple of things that are unclear. Is it possible Billy was driving without a seatbelt, then when the vehicle hit air and flipped Billy was thrown into the back seat. Also, did the defense present evidence showing, that if Stewart was driving, how he ended up in the passenger seat under a belt? Theonlytruth, Maybe you could clear that up.
In no way were any HIPPA Laws broken by "theonlytruth". No information was given that wasn't directly reported in the trial over the past six weeks. All that information is public knowledge, and has been disclosed time and time again over the last two years in the local paper. Who was alive and who was dead has been stated numerous times. "Theonlytruth" would have had to disclose information that was unknown to the public in order to break any laws. And yes, I've studied the HIPPA Laws.
Moon family and friends--I know this must be devastating for you but please stop spewing out hate and malice to those people who are glad to see justice served. You can and do disagree with the verdict, but you are fueling the fire by your hateful comments. A lot of us actually do feel for you, and know that your lives are changed forever--but please stop posting as you are only angry and contentious at this time.
Thank you Theonlytruth for stating facts, as others have said no HIPAA laws were broken and if those of you that thought they were, please cite the section of which HIPPA law, there are many sections. I lost a brother to a drunk driver, so I have little empathy for the driver. The family should have been more accountable in the rearing of their child, this tragedy would not have happend, and even now they seem like they are not, just my impression.
Project4truth: I'm pretty sure the Moon family has bigger problems at this moment than to be posting on this website only to fuel the fire. Maybe his friends are defending Billy because they see someone they love so much being hurt by people that do not even know him. He is suffering enough with the loss of his best friend. Don't you realize that the accident haunts him every day? No one has spewed hate about Stewart. We all love and miss Stewart terribly. The only people that are spewing hate and malice are all of those who are judging a person they do not know - Billy Moon. Remember, only God can judge. Soon enough, God will provide justice for Billy Moon.
Now, shouldn't we all be at church praying for both of these families instead of wasting our time posting such cruel statements on this website?
Angle08--Has it occured to you at all that this same firefighter whom all Billy's frends are mocking, is the same one who saved Billy's life that night? No one will mention that aspect here. I think it is perfectly normal for Bill'y friends to feel a sense of protection over their friend, but let's save that protection for those that are saying horrible comments...not the one who worked to save Billy's life that night. Despite what you may think about the fireman and his comments, he was the one who pulled Billy from that car in order to SAVE HIS LIFE.
And to the person who believes a person with a broken neck cannot be combative: there have been people with broken necks wallking around without even knowing it...look it up if you don't believe me. When you add alcohol to the mix, most persons are known to be combative while being rescued because they're DRUNK.
Analyst-Your question is one that has angered people. They keep saying "dead is dead", as if that is the issue. We have a verdict so maybe we can discuss this without people comilng unglued.
I have a friend who is an EMT in the Yuba City area and know FF's in our area. The EMT says when they reach an accident scent, victims have been or are in the process of being removed from the vehicle. They remove a victim, place him on the ground, they document his place and position in the car, his injuries and label him victim "1" and begin to administer aid. Repeat for victim "2". This is the point where an ID can go wrong. They usually wait for law enforcement to check ID's and then begin the notification process. When I asked if there was even the smallest chance of victims being being mistakenly identified in an accident he replied "absolutely". It doesn't happen often, but it has happened. AND I'm not saying it happened in this case, but only want people that it has happened before.
I don't know either family, but I have been concerned from the start that one of two things could have occured.
1. Alcohol and the normal amnesia from the accident rendered him truely unable to remember if he was driving.
(now the part that people freak out about)
2.The victims are laid down, bloody and with similar looks and builds, someone comes up and says which is which? Uhhhhhh, they look alike, well, the injured guy was, um, in the back seat. He was alive. And what was his name? Umm, hang on, let me look at it, yeah, here are the wallets, the driver is Moon. Are you sure? THATS why law enforcement is supposed to check the ID's.
Now the fire personnel have testified under oath that Moon was driving, so that's good enough for me, but the point I was trying to make before the verdict was that, there have been mistakes made. It could happen and has happened.
I was in no way trying to say Moon was innocent, just that people need to think about whether or not ANY mistake could have been made. It's the jury's job to ask questions and I hope they did.
i was both stews and billys friend.... i knew stew my whole life and knew billy for about a year before the accident... how is billy even supposed to know he was driving he was in a coma after it.. its tuff enough to loose one friend but then both of them. i dont know who exactly was driving but there was enough evidence to convict billy so we will all have to live with it.. and "teflon" you %^@*&ing piece of #*&%@ calling billy, " was also immature, a spoiled rich kid, an alcohol abuser, and a pot-head. Daddy should have laid down the law the first time he was arrested for drunk driving." you obviously didnt know #*&%@ about either of them... as for stew he drove the back roads all the time but they were both drinking and it wasnt billys dads fault i dont think he was even home that night or he could of been asleep it was a pretty late at night... soo you cant blame him... how was he supposed to know they were drinkning they were outside in the pool while drinking and then went to the car .. probably through the back yard... they obviously took the back roads not to be pulled over... and billy and stew were not potheads ... yeah they smoked but it wasnt like it was every day thing... maybe you should take a hit? probably with open up your mind a little...
"Human Error' we are all prone to it. I don't know of anybody that is perfect. We are all born and evetually will die. God chooses when he will take us. We don't choose when we will be born or die. If we did I would choose to live til I'am at least 100 years old. My heart goes out to the Shapton and Moon family. "Man proposes and God dispenses'. I saw on 20/20 or "dateline' a simular "accident'. A youg man was speeding and drinking. He killed a mother and a child. The husband went to court every day. When it came to the sentencing he admitted that he had forgivien the youg man and asked the court to show mercy for him. The young man was put on probation and as part of his sentence the husband drove the young man to schools and told his experience. I think the were also on the Oprah show.
irish, you speak very wise words, thank you. A simular thing happened in my town too. The parents of the dead boy also asked the court to show mercy. They said that their son was dead, it was a horrable accidtent, poor choices all around, and distroying another teen's life wasnt goning to change that.
It is hard to put into words everything I wish to say. To begin, Billy Moon did not grow up in Auburn and he was certainly not Stewart Shapton's best friend. Do not pity Billy Moon for losing his "best friend", pity him because he not only caused the death of a beautiful person, but he also tried to place the blame of his actions on a defenseless deceased person.
My heart aches everyday for the Shapton family. Not only did they endure the loss of a son and brother, but they also had to defend his honor against a coward who could not take responsibility for his actions. I can say without a doubt that the Shaptons are the most gracious and amazing family I have ever met, and I am truly blessed to know them.
Though the events of that fateful day were truly shocking, to me the most shocking part is what happened afterwards. Someone Stewart considered one of his closest friends turned on him. This friend was swayed by selfish and heartless people who used money as their weapon of choice. How can they not see that they are not the victims here? Their son is still alive. They do not have to look at pictures to see his face. When they talk to him and tell them they love him, they hear it back. Stewart is gone forever, but I will never forget him. Never.
I hope you wake up every morning, look at the tattoo on the left side of your chest, and feel disgusted with yourself for your decisions in the wake of this tragedy.
rest in peace I don't know either family but in my opinion both familys are amazing and gracious. I look at this objectivly not subjectivly. "Judge not and you will not be Judged. "To error is human and to forgive is divine.' Again I say God choose to take Stewart that night. I'am sure the choice was not William Moon's or Stewart Shapton's. As I posted before the husband that forgave the defendant is amazing and gracious. I guess if William Moon had died that night the Shapton's would have not defended their son. Or would they? The Shapton's will have their say at sentencing to defend their son and show how amazing and gracuios they are.
I am very close to both families...Billy is innocent...SHAPTON WAS NOT FOUND IN A SEAT BELT ON THE PASSENGER SIDE...because and eye witness has testified that she saw with her two eyes them pull the dead body out first and lay it on the ground...then went and got the alive body and put him in the EMT...if the car was found on its passenger side it is common sense that you would pull out the driver first since there body is hanging in comparison to the passenger who is secure on the floor...billy lost his best friend and now he is losing his life and everything hes worked for since he was a little boy...(some of you do not know that he was compared to be the "next tiger woods") just so your stupid little county can get some recognition ...this case will be appealed and it will be going to the supreme court and it will be in the press...so i guess "mommys and daddys money is worth it now" i cant believe some of the disgusting comments you people are making on someone you do not even know...what goes around comes around...you people will get what you deserve...i wonder what people would say about you if this was you or your familys incident.... Billy will be set free...Billy is strong and he will stay strong like he has been since June 3 2006 when he lost his best friend...Stay strong Bill i love you
BILLY MOON IS INNOCENT
WE WILL NOT STOP FIGHTING FOR THE AMAZING PERSON THAT HE IS
IF YOU DO NOT KNOW HIM OR YOU WERE NOT A JUROR IN THE CASE THEN SHUT YOUR MOUTH YOU HAVE NO ROOM TO TALK!
T.O.T.'s posting has been removed. Big Brother must be watching. I would urge anyone who feels strongly about the injustice visited upon Mr. Moon and his family to continue posting in this forum or anywhere else they feel is appropriate. You are being encouraged, by people who have been spewing invective all over the Moons for months, to see the light. NOT A CHANCE!!! This fight has just been joined. For those of you who live next door to the lynch mob, please remember that just because you live in Placer County it doesn't have to be a deterrent to rational thought. Wake up from your slumber! The rats are running around in your woodpile. REMEMBER you get the government and judical apparatus you deserve. Time to look in the mirror. Almost forgot - how come Mr. Moons' wallet was found by a neighbor lying on the ground at the accident scene the next day? Begs the question: careless handling of I.D. maybe?
When I was 6 years old my family was in an "accident'. We were hit head on in our truck by another truck. The driver crossed into our lane. My father was driving and my mother was in the passenger side. My sister, brother, and myself were in the back of the truck with our backs against the cab(this was in the early to mid 60's now I believe it is against the law to ride in the back of a vehicle unless it has a camper shell). My father sustained injuries to his legand my mother sustained a laceration to her head and was in a coma. After a few days of being in a coma her memory had failed her. It took a while before she recognized any of her family or details of her life. Even to this day she does not remember what happened prior to the "accident" or what took place afterwards. The Doctor diagnosed her with "Short Term Retrograde Amnesia'. Yes it is possible to have trauma to the head and not remember.
veritas-Was the lost ID addressed at trial?
I'm sure T.O.T realized he had made a huge mistake in that posting. I wonder if his judgment is always poor and acts before thinking.
veritas, what can we do to help?
billymoonisinnocent. I didn't mean to offend you. In my objective opinion billy moon is innocent. The point i was trying to make to rest in peace was the shapton family and friends are saying things about william moon and his family and that if the shoe was on the other foot I'am sure the shapton family would would have gone to trial to prove their son's innocence also. Any parent would. some one called billy moom a liar becase he does not remember driving. Again when I was 6 years old my family was in an "accident". My mother sustained head injuries and trauma. She was ina coma for a while. When she came out of the coma she did not remeber or recognize family or details of her life. Her doctor diagnosed her with "Short Term Retrograde Amnesia". To this day she does not remember anything the day of the accident and the day prior to the accident or what happend days afterwards. Hopefully there can be an appeal or change of venue or reversal of the decision or re-trial. No i was not on the jury but if I were it would have been a hung jury. I'am a "Hard Headed Irishman'. from what I have gleened the Placer Couty DA did not prove that billy was in fact driving.
When I first began to follow this case I did ask myself is it possible for Mr. Moon to either totally conveinced himself that he was not driving or did he sustain bad enough head trauma to where in fact he did not remember the accident? I am inclined to believe both are true.
As I have stated before shame on the defense team for convincing Mr. Moon that he could beat this a plea would have been the best for all involved. As you recall this same situtaion played out in the Matt Redding case (I went to school with Matt so I took that case very personal) with the same verdict. The Moon family should of paid attention and taken note that Placer County DA's office is very serious about DUI's misdomeanor or felony.
Billy is looking at 15 years other posts have stated, so you take that and take time off for good behavior he is still out by the time he is approx. 31-32 years old. So everybody who is stating innocent this or that need to take that into consideration and that Stewart will never see another birthday. So he does a couple of years in the pen, is that really going to help the Shapton family every birthday, x-mas or any other family events. The poor Billy mentality needs to go thats what got him this situtaion in the first place.
Shapton was cut from the passengers seat. It was the only seat belt cut in the car, and it removed the dead body.
What the?? I didn't attend the trial but I was able to see the pictures of the car. With all due respect to family and friends there is noway the driver would have been able to live. I thought this would be at the very least a hung jury. The defense must of screwed up or I guess the prosecution had one hell of a arguement.
watching2: If you want to help, we all need to write to the Auburn Journal, Sacramento Bee, DA's Office, the judge and show them that so many of us are behind Billy 100% because he is INNOCENT. The photos of the car clearly demonstrate that there is no way that the driver could have lived. This is a complete miscarriage of justice. The prosecution did NOT prove this case beyond a reasonable doubt, not even close. This was a complete kangaroo court.
jfdjfd: Why were there TWO eyewitnesses at the scene that were BOTH told that the driver of the vehicle was diseased and saw that Stewart was removed first, and Billy second. Please do not speak about a case you clearly know nothing about.
There is a lot of CRUCIAL evidence that the defense was not allowed to present at trial. How is this justice? Now an innocent young man is behind bars.
i can't beleive that the jurors only deliberated for only 41/2 hours. how can you decide a man faith in such a short time. was it the weekend was coming up and the courts were going to be closed on monday. then second where were the boys I.D.'s ?
i can't beleive that the jurors only deliberated for only 41/2 hours. how can you decide a man faith in such a short time. was it the weekend was coming up and the courts were going to be closed on monday. then second where were the boys I.D.'s ?
Angle08
Just for your info I do now a little about the case. I took that day off from work or I would have been on the call. My very close firefighter brothers were the ones that cut the seat belt and pulled both boys from the car. So unless YOU have talked to the eye witnesses maybe you should reconsider your speculatory info.
I am done. We could sit and talk S&*^T back and forth for days. It doesn't help anyones cause. Like I have said before, if that night could be changed it would. Billy lost his friend. Best or not I am sure that it was no ones intention to get in an accident that night and cause a death.
LocalGirl1976-No one really has any idea how many years Billy will spend in prison. I am pretty sure that whatever the number they will be beyond horrendous. I'm no psychologist, but I bet Billy be punished so severely that he will come out a shell of himsalf. If he comes out at all. And sadly, that makes some people happy.
Stewart is fine, he's with his Lord, his dad, and without care or worry and I say this because I understand him to have been a young man of faith. It's those left behind who must deal with the anger and grief.
So, my thoughts are with Billy and his family and the Shapton family. Forgiveness would be helpful for all involved. The bitterness and hateful behavior is not giving anyone peace.
WHO EVER IS SUPPORTING BILLY NEEDS TO WRITE LETTERS TO THE DAS OFFICE, THE JUDGE, THE AUBURN JOURNAL, AND WHATEVR IT TAKES...THE PRESS NEEDS TO BE INVOLVED IN THIS TRAGEDY!!!IT IS NOT FAIR THAT BILLY IS LOSING HIS LIFE FOR SOMETHING THAT HE DID NOT DO...THE PHYSICAL EVIDENCE PROVES THAT THERE IS NO WAY THE DRIVER COULD SURVIVE...BUT EVERYTIME THE DEFENSE WOULD BRING IT UP MACUMBER WOULD THROUGH A TEMPER TANTRIUM AND OBJECT AND THE JUDGE WOULD SAY SUSTAINED!!!!!!!! HOW IS THAT FAIR? ITS NOT!!!!! OUR JUDICAL SYSTEM IS SO MESSED UP ITS DISGUSTING....
YES THEY FOUND BILLYS ID THE NEXT DAY IN SOME BUSHS...SO OBVIOUSLY THE FIREFIGHTERS OR CHP THREW IT....AND WHY IS IT THAT WHEN BILLY WENT TO THE HOSPITAL HE HAD HIS CELL PHONE? BUT THE STATEMENT IN THE POLICE REPORT DID NOT SAY SUCH A THING? HOW IS IT POSSIBLE THAT 2 WITNESSES SAID THEY SAW THEM TAKE THE DEAD BODY OUT FIRST AND LAY IT ON THE GROUND AND THEN TAKE THE ALIVE BODY OUT AND PUT IT IN THE AMBULANCE? WHY IS IT THAT WHEN THOSE TWO WITNESSES TESTIFIED THEY WERENT 100 % POSITIVE? HOW IS IT POSSIBLE IF THE CAR WAS FOUND ON ITS PASSENGER SIDE THAT THE 2 WITNESSES COULD "SEE THROUGH THE PASSENGER WINDOW" OBVIOUSLY THEY WOULD PULL THE DRIVER OUT FIRST IF THE CAR IS ON ITS PASSENGER SIDE BECAUSE THE DRIVERS BODY WOULD BE HANGING!!! HOW DID THIS ALL SLIP BY? BECAUSE THE PROSECUTOR HAS NOTHING BETTER TO DO THAN HOUND, BRAINWASH, AND SCARE THE WITNESSES!!!! WHY IS IT WHEN THEY BROUGHT THE CAR TO THE COURTHOUSE THERE WERE BRAIN NEW AIRBAGS IN THE CAR? WHY DID THEY ONLY DO DNA TESTS ON THE PASSENGER HEADREST? WHY NOT THE AIRBAGS? BECAUSE BILLY WAS NOT DRIVING!!!!! WHY DID THEY LEAVE THE CAR IN IMPOUND IN THE MIDDLE OF FIELD THROUGH RAIN AND SNOW FOR A YEAR? BECAUSE BILLY IS INNOCENT!!!! WHY DID IT TAKE THE JURORS ONLY 4 AND HALF HOURS TO DELIBVERATE A CASE THAT WAS 5 AND HALF WEEKS? BECAUSE THE DA IS CONIEVING AND TWISTED EVERYTHING!!! BILLY IS INNOCENT!!!!
WHOEVER BELIEVES BILLY IS INNOCENT PLEASE HELP!!!! HE ALREADY LOST HIS BEST FIRNED...HE DOES NOT DESERVE TO LOSE HIS LIFE!!!!
SOME PEOPLE WILL BE MAKING A WEBSITE FOR BILLY!!!
AND I WILL BE DOING AWARENESS FUNDRAISERS AROUND MY COUNTY!!!!
BILLY IS INNOCENT
WE WILL NOT STOP FIGHTING UNTIL IT IS PROVEN!!!!
I LOVE YOU BILLY STAY STRONG
WE WILL NOT STOP FIGHTING UNTIL YOU ARE SET FREE!!!
AND FOR THOSE WHO DO NOT THINK BILLY WILL MAKE IT...THEN SHUT YOUR MOUTH NOW BECAUSE YOU OBVIOUSLY DO NOT KNOW BILLY...HE IS A VERY STRONG AND AMAZING PERSON WHO WILL MAKE YOU FOLLOWERS OF THE INJUSTICE ASHAMED THAT YOU EVER DOUBTED HIM!!!!
I know Billy is innocent. There is no way he could have survived if he was driving. It seems the DA withheld evidence. Why was there no drivers side airbag tested? That would clearly show who was driving. I know the Moon family. This must be devastating for them. I have just now been able to move myself to read this. These comments are hateful and doing no good. They wont bring back Stewart. Billy is a good kid. He does attend church every Sunday. He is a good student. His parents have done a very good job with him. Most of us could only dream of a child with as much drive as Billy. I feel so bad for the family and Billy. This is a terrible injustice. I have had experience with the justice system and it isn't perfect. Innocent people do get convicted sometimes. Unfortunately you are guilty until proven innocent. If the DA doesn't provide the defense with the evidence to present it's case - then the verdict should be overturned. An innocent young man has been convicted. That is not justice for anyone.
To the Moon family:
You are in my prayers. I will do whatever I can to help. I am devastated. I am so sorry for you. I am so sorry these people are being so cruel and ruthless. I can't imagine what you are going through. Please stay strong. Billy stay strong. Justice will eventually prevail. I know this has been a long hard road, but please stay strong. Justice will prevail. God knows the truth. These people should not judge. God forbid they be in your shoes. They too would do whatever they could to defend their innocent son. Please call on me for anything you need. I will be writing letters. You will get through this. I love you guys and stay strong.
Your friend in Mission Viejo.
To all those out there questioning the jurys decision or their rush to jusgement here is a litttle education for you. I could not find a guidline for the second degree murder sentencing.
I know of one individual who was convicted of vehicle manslaughter that resulted in a 9 year old boys death attempting to pass on a double yellow and only recieved 3 years probation (this person was 24 years old at the time of the accident). A month prior this individual hit a woman on HWY 49 resulting abdominal surgery. (not that I agree with that sentence)
The jury has to ask themselves if the charges meet the following criteria.
The killing of another human being under conditions specifically covered in law. In the U.S., special statutory definitions include murder committed with malice aforethought, characterized by deliberation or premeditation or occurring during the commission of another serious crime, as robbery or arson (first-degree murder), and murder by intent but without deliberation or premeditation (second-degree murder).
Vehicular Manslaughter
(n) Vehicular manslaughter is the term used when somebody drives an automobile with gross negligence and neglecting the law of land, which may or may not result in the death of a third party. In the eyes of low vehicular man-slaughter is treated as misconduct
manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner
ve•hic•u•lar homicide
/vE-'hi-ky&-l&r-/
: homicide committed by the use of a vehicle (as an automobile or boat)
191.5(a) Vehicular manslaughter, with drugs or alcohol with gross negligence 48 72 120 Months California has “Determinate Sentencing laws. This means that if someone is convicted of a felony offense and sentenced to prison, the Judge may impose one of three prison terms, “low-term”, “mid-term” or “high-term”. These are “exact” or “determined” terms.
Maybe this will help some of you understand the conclusion the jury came to and what Mr. Moon's sentencing will be.
Ok this is something thatis very shocking to me. The fact that your firefighter buddy has changed his story several times. Though he had been adamant about cutting stewart out he continued to change the story. Imagine, if you were truly positive you had cut the victim out and had no motives you would just tell the truth of your account, it may be a s i m ple story and if you couldnt remember certain aspects of you would simply say something to the likes of “that I wasn’t focusing on that at the time” but you would not feel as if you had to say anything else. However, if you weren’t positive who you cut out or if you were pressured to lie, maybe you would be nervous or would feel as if you would have to create a believable story which would eventually cause you to be caught in your own lies WHICH DID HAPPEN. Now I do understand he helped Billy that night and for that I thank him but I also understand that he was a key reason he was thrown in prison for a testimony that does not match all the facts; paramedics reporting that billy was the passenger, the fact that Billy had bruises from his passenger side seat belt, the fact that the d.a. destroyed evidence and most importantly the fact that the injuries to both passengers and damage to the car concur perfectly with Billy being in the passenger seat. Furthermore the biomechanic stated for the first time in his 30 year career he had never been a 100 percent sure untill billys case that the defendent was not driving also billy had never known about that jump before let alone had ever been on that road , he had never driven on his suspended license -but for some reason his first time he decides to drive a 103 mph???-Also he is notorious for riding with his seat reclined all the way back which it was that night. The list can go on. But also I just want to say I have no intention to demean stewart. I am just merely trying to defend billys innocence in this trial and in such a horrible situation I do not mean to overshadow a death in the process. They both had made a mistake of entering the car that night regardless of who was driving and may god be with both of them.
Kflizzo
No change in story just doesn't remember where a patients head and feet were. No lies, just stated he didn't remember after giving a statement a yr earlier.
Really like I said, it does not mater. Good luck if you are Moons next attorney.
No from what I heard from numerous people who were there, and you can correct if I'm wrong, is that Billy's attorney asked the firefighter why he had changed his story from that of which he told in one of the hearings. And then he replied he could not remember what he said a year earlier. And yes it does matter that was the prosecutions key witness. The fact that you and your buddy who cut them out are so concerned with this bulletin board, at least to me, shows the bias you guys had throughout this trial and his testimony.
kflizzo--I really wish there were pictures to go along with these posts because the next time you're in an accident it would be these same firefighters that you're badmouthing that would have to look at your face and know that you have no faith in them at all. You are a grotesque person and so are the rest of you that would take the side of an alcoholic with a DUI, a horrible driving record and a family with no morals or integrity, over these firefighters who are out saving lives, caring for the injured, and putting their lives on the line day in and day out. They have nothing to gain from testifying against Billy Moon and yet you pack of wolves are there to eat them alive. There is a special place for people like you...and it's worse than prison.
Project4truth: YOU are the disgusting human being. First of all no one is attacking the "firefighters" as a group. We all appreciate everything they do for us on a daily basis. People are pointing out that ONE firefighter twisted and changed his testimony several times, which is completely immoral in and of itself. Secondly, how DARE you accuse Billy of being an alcoholic! He is a scholar, an athlete - a CIF champion, an All-American golfer, a Catholic (who by the way attends mass EVERY Sunday - which Im sure you've never stepped foot in a church considering the way you are speaking). If you paid any attention you would know that Billy has not been convicted of the DUI, and he absolutely does not have a horrible driving record. In fact - he has NEVER had a speeding ticket in his life. Now, try and justify why he would drive at 103 mph while intoxicated on a road he's never even been on. And how DARE you speak of his family that way. Billy's family is my second family and the fact that you are saying such hurtful things about people you clearly DO NOT KNOW just kills me. Only GOD can judge, "project4truth". Billy and his family are the most loving, caring, MORAL, wonderful people I've ever known. I practically lived at their house and spent numerous holidays with their entire family and I have to say every single one of them is an amazing and loving person in their own way. Dave and Vada worked hard to give Billy a great life, but at the same time disciplined him, brought him up as a believer and follower of Christ, taught him right from wrong, and made him work hard for his successes. Billy Moon has been wrongfully convicted and now persecuted by all of you and it is sickening. Of COURSE his parents are going to do everything they can to save their baby from such persecution. God WILL provide justice for Billy, his family, and those who love him. I will pray for you Project4truth because you seem to be so entirely consumed by hate. And I will continue to pray for Billy and his entire family. We love you Billy! Stay strong. The truth will prevail!
Billy Moon is INNOCENT.
Angle08--HE WAS DRIVING. There is no point in writing anything else as you are obviously so incredibly brainwashed by the Moon family and this whole trial in general.
I attended some of the trial and I am unbiased. I truely believe that justice was served. I heard in court that Billie was enrolled in drunk driving school during the time of his accident. I think it is terrible that the firefighters are being made into scapegoats for someone who made a really stupid decision and drove while intoxicated. Angie08-you need to accept that your friend did this to himself and stop blaming everyone else for his fate.
Listen the fact that my friends are being flamed is my concern. My understanding is there was a statment made in a hearing. When asked about the same subject in court the firefighter stated that he did not recall making that statement. Call it a twist if you want but he was straight up and honest that he did not recall. And dont ever call him immoral. You speak of God as being the judge then might you Angle08 reconsider your judgment.
Honestly I have no care in the world either way about this case, only in the reputation of my brother. Again I state that it was a tragic night. I dont know either of the boys so I am not emotionally involved. I have seen my fair share of death due to alcohol and driving so yes you can say that I am a little upset when I find out that 2 indivduals made a bad choice that could have resulted in the death of an innocent family. Niether one of them said we are 2 drunk to drive. Remember I have to do my job either way, no favorites, no judging.
You can check all my posts on this article and previous ones. Only that facts as they pertain to my brothers statments and reputation. And that I will fall on the sword for!
Driver or not, it is not fair to blame Billy's parents for all this. Anybody who has kids knows that even though we try our best and teach them right from wrong, they still make their own decisions (some good, a lot bad). I know my own teens have made some choices that curled my toes. It is but by the grace of God that any one of us with kids could be in the Moon's shoes. Be careful before you point to them. You may be there some day. You cant hold the Moons responsible for the choices of their child. I do know the Moon's personally and they are good people who have tried very hard to raise a good family. We can all look back and think maybe we should have done things differently with our kids, but we can only do what we think is best at the time and pray A LOT! I learned a long time ago that the choices of my kids does not define me as a person or a parent.
jfdjfd-Get over the whole "brotherhood" issue. There is one young man dead and another as good as. No one wants to hear your whining, and if you have no interest in the case, stop posting.
At this point I am disturbed at the amount of strange information coming from people who were in the courtroom. Maybe some of you can shed some light on it.
1. Why was the defense denied a request to show other similar accidents and the injuries sustained by those victims?
2. Why did the judge tell the prosecution when they should object to a statement? Was it because they worked together in the DA's office in the past?
3. Why was the missing wallet not an issue?
4. How can you convict someone without injuries consistant with the damage to the auto?
5. Why did the prosecution attempt to ruin the reputation and statements of one of the witnessess by implying that they were bribed?
6.Why are there people who know the facts in this case who are keeping silent and sending a possibly innocent man to prison..
7. Why was the defense denied a request to show that the deceased young man was initially reported to be the driver (by law enforcement)
I had only opinions formed from what I had read in the Journal. But I have since spoken with people who were in the courtroom every day, and wonder if there may have been some injustice done.
LocalGirl1976- The jury came back with a verdict in 4 1/2 hours. They may have though hard, but not long. I hope Moon files an appeal, maybe with a change in venue.
P4T - I think "grotesque " is the word I would use to describe your veiled threat that people who support the Moons would be left to fend for themselves in the event of an accident. It follows that if the "band of brothers" saw a Moon supporters home threatened by fire they might not give it their all. Oh! HANG ON!! My tin-foil hat is vibrating. I'm getting a telepathic message from my Moon Masters. P4T do us all a big favor and keep right on speaking for the brethern at the fire-hall. Your diatribes are proof positive that there's something rotten in Placer County. Here's something else that stinks : Judge Gaddis PROMPTING Ms. Macumber to object to parts of the defense case.
Does that sound like a fair fight? Whaddya think fellow brainwashees.
Veritas you are my hero.
Following this for awhile, my take -
>>Salamander - good questions. Wonder if the jury entertained any of them. Still, the relatively little amount of time required to unanimously agree to convict on the charges leads one to believe they were completely satisfied with their verdict even though some of the jurors reportedly were pretty emotional. If there was a miscarriage of justice, as so many contend, then an appeal may be in order. Or a new trial if there is new or suppressed evidence to present.
>>project4truth - thank you for your comments in support of our firefighter / first responder brethren. Though not one myself, I have ongoing working relationships with them and have the highest regard for their utmost integrity and professionalism - they are the best. For those who denigrate them because the outcome was not to your liking - shame on you. You have never seen them in action or you wouldn't malign them as you do.
>>theonlytruth - seems your post with details of that night was removed. Nonetheless, no need to apologize. You are the real hero.
>>Angel08 and billymoonisinnocent - we do understand you both are close to Mr. Moon's family, are upset with the outcome, and desire to right the wrong you and others perceive has been done. At this point you do realize his fate is with the legal system, and no amount of letter writing or awareness campaigns is going to change it one iota. What is done is done. So, respectfully, give it a rest. Working for an appeal or new trial would, arguably, be more productive. Why not direct your energies there?
And - I agree with others who say Mr. Moon was given bad advice. His counsel knew what the evidence was that would be presented. To be a fly on the wall - when his attorney presented him with the defense's case, his options and likelihood of success. In retrospect, perhaps Mr. Moon regrets not having admitted guilt in exchange for a reduced sentence.
From other press reports, apparently Mr. Moon had at least one prior DUI arrest. DUI's continue to be extremely serious offenses, whether due to alcohol or drugs, and this conviction should give pause to anyone considering driving under ANY influence, no matter how seemingly insignficant. Regardless of who was at the wheel we can at least be thankful the car hit a tree and not another vehicle - perhaps with you and your loved ones inside.
i love you stew and billy! i miss you both, and im praying for you two! shane never did anything wrong but love his friends, not turning his back on anyone, especially his frineds and family,in fact shane is one of the most loyal, kind-caring person i know, and if anyone knows him they would know at least that much. vada and dave are amazing people, and should never be pointed the finger at. patricia, god bless you, for being such a strong woman, my prayers are with your family too, stewart was an amazing friend to me, a genuine friend. rest in piece stewart lee shapton, i know your in a better place, and we love and miss you terribly. bills, i love you buddy, and im praying for you! the people who knew you and stewart equally and no bias opinion, have faith for you! we love you!
Here we go again Salamander agreeing to disagree:
Please re-read and any of those who cant seem to wrap their tiny little minds around how this legal system works. You can proclaim INNOCENT all you want but if the DA proved the following criteria within the aspects of the trail than all the other smoke and mirrors by the defense is totally ilrelavent.
The Defenses paid experts took their time exmining the vehicle on purpose for the following reason: TO CREATE REASONABLE DOUBT where there was not any. By letting DNA & other evidence to sit and deterate the defense could go foward with that nothing could be proven either way because of inconclusive results. No computer reinactments can actually tell what will happen to an object in side the vehicle at 103 MPH. Keep in those mochups are CREATED by the defense team they twist a little this way or that away to again in attempt to create reasonable doubt. Clearly the defense did not their job, for all those mad at th DA maybe they should place that anger at the Defense team. End the it all comes down to who did their job better that day.
The jury found it REASONABLE that Billy WAS Driving.
To all those out there questioning the jurys decision or their rush to judgement here is a litttle education for you. I could not find a guidline for the second degree murder sentencing.
I know of one individual who was convicted of vehicle manslaughter that resulted in a 9 year old boys death attempting to pass on a double yellow and only recieved 3 years probation (not that I agree with that sentence)(this person was 24 years old at the time of the accident). A month prior this individual hit a woman on HWY 49 resulting abdominal surgery. This person also went to trail that jury was back in about 2 hours. This sentence was on the low-term see below.
The jury has to ask themselves if the charges meet the following criteria.
The killing of another human being under conditions specifically covered in law. In the U.S., special statutory definitions include murder committed with malice aforethought, characterized by deliberation or premeditation or occurring during the commission of another serious crime, as robbery or arson (first-degree murder), and murder by intent but without deliberation or premeditation (second-degree murder).
Vehicular Manslaughter
(n) Vehicular manslaughter is the term used when somebody drives an automobile with gross negligence and neglecting the law of land, which may or may not result in the death of a third party. In the eyes of low vehicular man-slaughter is treated as misconduct
manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner
ve•hic•u•lar homicide
: homicide committed by the use of a vehicle (as an automobile or boat)
191.5(a) Vehicular manslaughter, with drugs or alcohol with gross negligence 48 72 120 Months California has “Determinate Sentencing laws. This means that if someone is convicted of a felony offense and sentenced to prison, the Judge may impose one of three prison terms, “low-term”, “mid-term” or “high-term”. These are “exact” or “determined” terms.
Maybe this will help some of you understand the conclusion the jury came to and what Mr. Moon's sentencing will be.
LocalGirl: Although I had a hard time reading your post due to your apparent lack of education, I would like to say that your ongoing blabber about the case about the 9 year old boy is completely irrelevant. We are all so proud of you that you know how to google "vehicle manslaughter" (it's actually vehicular manslaughter, LocalGirl). Would you like a cookie? Your definitions, which you clearly obtained online, are exactly that - just definitions. Every case brings about new circumstances which must be evaluated according to prior case law. It is definitely not through definitions - it is not black and white. We are all entitled to a FAIR trial, by a jury of our PEERS. Unfortunately, Billy was neither provided with a fair trial nor to a jury of his peers due to inadmissible statements made by Ms. Macumber that although stricken by the judge, they remained in the jury's minds. Billy's case should not have been tried in Roseville, due to the media coverage that caused a lot of local bias (as so many have proven on this website with your ongoing posts). So now, hopefully his family will be granted a change of venue for this case and Billy will finally be given a fair trial and finally be provided with justice. Lastly, LocalGirl, the jury has no say whatsoever in this case as to what Mr. Moon's "sentencing will be." But I don't expect you to know that considering your past ramblings as an attempt to show that you know anything about law. I suggest that you refrain from posting because you are just proving how BIASED you are about a case you clearly know nothing about.
Salamander
Tough talk from behind the keyboard.
I did not call into question the morals or ethics of my BROTHER. When someone attacks your family you defend them at all costs. Like I said and will say again I would fall on the sword for him. So if you want me to stop, lay off my BROTHER!
Just to add to Salamander:
Why were the drivers side airbags not submitted as evidence? This would clearly show who was driving.
Why were there new airbags in the car when it was seen by the jury?
This seems like a dark conspiracy to convict an innocent man. Buy why??????
To Local Girl - ps - the defense has to pay for experts. They don't get the benefit of a free defense. People don't work for free. The county would hire and pay for the same team. Did the DA's office present similar experts? If not, why? Were they afraid they would come to the same conclusion?
You people need to stop bashing the Moon family. They are good people. I suppose that makes me a bad person in your eyes, right. I don't care. And I'm happy I don't live in your county in case I get in a accident since you don't think emergency responders should help Moon supporters.
I am shocked by the ignorance I am hearing here. Obviously regardless of the evidence you were so biased and hateful that you couldn't see the truth. The truth is the DRIVER DID NOT SURVIVE THAT ACCIDENT. As painful as that may be. Just given the injuries of both parties, there is no way Billy was driving. Billy's injuries were consistent with being in the passenger seat (a bruise from the seatbelt on his left hip). And Stewart's injuries to his left side.
I truly hope there can be a re-trial or something for them. A trial where they are allowed to present all of their evidence (what they were allowed access to anyway).
Justice needs to be served. This family has been through enough.
Veritas and Angel08-- You both are way to emotional about all of this and really need to stop your postings. I don't threat that you may not be helped by the fireman--thay have to help even you scumbags. I am not a fireman myself, but I will and do defend them against the Moon family and supporters who feel the need to cut them down and crucify them.
So let me get this straight: the jury, the fireman, the judge, the prosecuter, etc...they are all to blame here? Time to stop passing the blame and accept the verdict.
Project4truth
while I understand your question and appreciate your support please do not include the firefighters in it. Their involvment was to tell the truth as they remember it. And thats what they did. They were not responsible for the actions of the prosecution, jury, judge or defense.
jfdjfd-while I admire your love for your "brother", it may well be that this entire case was decided on your "brothers" testimony. Most people who have voiced concern have been clear that it was not his character that is being criticized. It is his documentation and judgement. Since you are a FF maybe you could offer insight into why a person who was restrained in the passenger side of a car that hit a tree on the drivers side, could sustain injuries of the severity of Shapton's? Also tell me why were ID's removed from a victim when that is law enforcement's job?
I started out weeks ago not sure of what had happened that night, rel.ying on the Journal for info.
I heard interesting info from some in the court room. The prosecution's efforts to supress so much evidence did more to make me question the validity of the verdict than anything else.
It was not his job to document the incident and what judgemnet is being questioned.
As for the kinetics involved unless you have been there, there is no way to explain the things that happen at an accident. I have seen people that were ejected from vehicles walk away and people that have fallen over backwards in a dinning room chair become parylsed. Does it make sense?? Nope Its a strange world.
As for removing a ID, it is not our job. However the accident scene is under the control of the CHP. Often times rather then having a officer get gloves and protective equipment on they will ask a firefighter to remove the ID. It is under law enforcments direction and it is removed and handed to them. We do what CHP tells us. And believe me it is not always a rosy relationship. That is the only time I have ever seen it done in my 16yrs as a firefighter. Believe me when I say there is to much liability involved for us to go around removing wallets.
Project4truth, LocalGirl, anaban44, restinpeace, thetruthisthetruth, rick298, teflon, KarmaCatcher, Ivy :
"Let He that is without sin, cast the first stone." ~ John 8:3-5
"Do not judge, or you too will be judged. For in the same way you judge others, you will be judged." ~ Matt. 7:1-2
ANYONE AND EVERYONE WHO BELIEVES BILLY IS INNOCENT PLEASE WRITE LETTERS TO THE JUDGE DAS OFFICE NEWSPAPER PRESS ANYTHING!!!! THIS IS NOT FAIR AN INNOCENT MAN IS GOING TO PRISON!!!! ANYTHING AND EVERYTHING WILL HELP!!!!
BILLY WE KNOW YOUR INNOCENT!!!
WE WILL NOT STOP FIGHTING FOR YOU!!!
THE PHYSICAL PROOF SHOWS THAT STEWART WAS DRIVING!!!!
wHAT MACUMBER DID WAS WRONG
WHAT THE JUDGE DID WAS WRONG
WHAT THE JURORS DID WAS WRONG
WE WILL APPEAL THIS CASE
BILLY YOU WILL BE FREE SOON!!!!
ANYONE WHO BELIEVES IN BILLY PLEASE HELP BY WRITTING LETTERS AND BEING THERE FOR HIS SENTENCING!!!
GOD BLESS!!!
I LOVE YOU BILLY STAY STRONG
Angel08:
remember this?
"stewarts use of alcohol and marijuana."
maybe you should follow your own advice, and not talk about someone you weren't even friends with.
jfdjfd-So, if removing the ID isn't your (or your brothers job) why did he do it?
He most likely was asked to by the officer, but that is totally speculation on my part. You would have to ask the officer and him. Like I said we don't remove wallets unless asked to.