New defense “I was sleep walking” NC

New defense “I was sleep walking” NC

This is a discussion on New defense “I was sleep walking” NC within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Louisburg man was sleepwalking during fatal stabbing Louisburg, N.C. — A Franklin County man who admitted to stabbing his 14-year-old sister to death and stabbing ...

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Thread: New defense “I was sleep walking” NC

  1. #1
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    New defense “I was sleep walking” NC

    Louisburg man was sleepwalking during fatal stabbing

    Louisburg, N.C. — A Franklin County man who admitted to stabbing his 14-year-old sister to death and stabbing his mother was back home on Thursday after state psychiatrists found he committed the crimes while he was sleepwalking.

    In January 2010, Joseph Bravio Mendez was accused of stabbing his mother, Lydia Etanislao, about 20 times while she was sleeping and stabbing and killing his sister, Julianna Mathews.

    Mendez, then 18, was charged with murder.
    Louisburg man was sleepwalking during fatal stabbing :: WRAL.com

    Psychiatrist evaluation or not I just do not buy the idea that someone could kill another in their sleep.
    When you have to shoot, shoot. Don't talk.
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    VIP Member Array chiefjason's Avatar
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    Oh, I believe it could happen. Crazier things have happened. I'm just very skeptical of it as a defense. Very odd.
    I prefer to live dangerously free than safely caged!

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    VIP Member Array Hiram25's Avatar
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    I wouldn't want to be put in the situation of having to use the "sleep walking" defense!
    Hiram25
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    VIP Member Array JoJoGunn's Avatar
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    Yeah, right! Also the fact that he ate too many Twinkies while he was "sleepwalking" may aid in his defense.
    "A Smith & Wesson always beats 4 aces!"

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  5. #5
    Member Array lordhamster's Avatar
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    Quote Originally Posted by chiefjason View Post
    Oh, I believe it could happen. Crazier things have happened. I'm just very skeptical of it as a defense. Very odd.

    I once heard of an airline passenger having taken an Ambien to sleep tried to storm the cockpit while sleepwalking.
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    Member Array swood's Avatar
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    Quote Originally Posted by lordhamster View Post
    I once heard of an airline passenger having taken an Ambien to sleep tried to storm the cockpit while sleepwalking.
    I know of people that Ambien has done similar things too. A doctor I know has quite prescribing it, "except when nothing else will work" because of the number of strange, and dangerous, things her patients have experienced on it.
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    When I was in high school I had a sleep walking incident. I had just started a new football season and had my first set of two-a-day practices in the hot summer sun. I came home from the second practice dehydrated and exhausted. Those who have "been there, done that" on a hot August day know what I'm talking about.

    I ate a bunch of high calorie food and went to bed early. About 1am I was out of bed and walking up and down the upstairs hallway of my home "Looking for the football" (with the lights on). My dad got out of bed when he saw my shadow pass by his door for about the 20th time (I had been going back and forth in the hallway for about 20 minutes). My dad confronted me about what I was doing and I kept telling him "I'm looking for the football". After about three or four questions and trying to understand what I was doing he realized I was sleep walking. He then calmly convinced me to go back to bed and that we would find the football in the morning.

    When I got up the next day my dad asked if I had any weird dreams. I told him I had crazy dream about looking for a football all over the house. He laughed and told me the whole story. It was pretty funny. I remember the incident like a dream (because for me it was) but for my dad it was real life.

    After having a sleepwalking incident I can certainly understand how a person could do violence in their sleep. Please don't be too quick to dismiss it.


    What would really suck is instead of a good laugh with your dad over breakfast you wake up to a nightmare. Imagine the guilt and pain of living the rest of your life knowing that you killed your sister in your sleep.
    Last edited by atctimmy; October 28th, 2011 at 04:24 PM. Reason: spelling ninja
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    I haven’t heard any of the journalists who volunteered to be waterboarded asking to have their fingernails wrenched out with pliers, or electrodes attached to their genitals.

  8. #8
    VIP Member Array JoJoGunn's Avatar
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    Good point Timmy.

    My brother went through some episodes of sleep walking and we thought it was hilarious because he had no idea he was even doing it. He never did any bad things, but that does leave the door open to the fact that it could happen.

    Just never heard of it as a defense in a trial before.
    "A Smith & Wesson always beats 4 aces!"

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    VIP Member Array mlr1m's Avatar
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    Punishment is hard to justify if the person responsible has no knowledge of the crime. Unless of course his memory loss were caused by his own willful actions. Drugs, alcohol or something to that effect.

    On the other hand punishment is not the only reason for locking people away. The other reason for locking people away is to protect society from their actions.
    This is where I become a bit conflicted with crimes of this nature. To allow someone to go free because they did no realize what they were doing ignores the protection of society aspect.
    Should a person be locked away for a crime they do not know they committed? In my opinion yes they should. That is unless the underlying cause is known and is fully controlled by the state.

    Michael

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    I was taking Vicodin for a nasty muscle strain, and during one of my sleeps I was dreaming I was fighting off a pack of wild babboons; well the problem was I was striking them (in my dreams) but in reality I was hitting my wife. She woke me screaming to quit hitting her, and I woke up. I remembered the details, and contacted my doc to put it on the "ALLERGIC" list - don't touch that stuff anymore.

  11. #11
    Member Array jackson85746's Avatar
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    Hitting the wife thinking she was a baboon.........don't know which one is worse. Glad you are still above the sod and have control of your senses. You must have a very understanding wife. Don't think my wife would be so understanding.
    Don't tread on me or mine.
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    I was a chronic sleepwalker in my youth, say age 10 to 14 or so?. All over the house, even outside. Many episodes were accompanied by vivid nightmares. As I aged the episodes declined and terminated. Yes, I can understand, no, I am not qualified to determine if it is a valid defense.


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