Wednesday, July 30, 2014

Justice Served, but it's sad fare



Finally someone has been found guilty in the murder trial for Rusty Mack. Margaret Blair Dacey was convicted last Friday in a Chesterfield court of second degree murder and assault and battery.
For a while, it didn’t look like justice would prevail.
The first to face chargers, Jonathan Guy, was found not guilty in a jury trial. The other two former defendants, Francis Blaha III and Rusty’s estranged wife Ashley Whitmore Mack both had charges dismissed by a court maneuver called nolle prosse which in essence means that the prosecution opted not to pursue charges at that time.
Interestingly enough, it was their testimony against Dacey that led to her conviction. It wasn’t that way at the beginning, but then no one was facing jail time then either. Sometimes the additional pressure of facing legal charges can influence testimony.
In this case the testimony against Dacey was likely overwhelming. There was never a question that she applied the kick to Rusty’s head that eventually led to his death. And it’s hard to believe that her intent was to do him in at the time. To some extent, Dacey was a victim of circumstance.
Still, tragedies play out in the United States every day. And this case is nothing if not tragic and very sad.
Domestic cases are among the most dangerous a police officer has to face. Most times when the police are brought in there is already a certain amount of irrationality going on. Add in a bit of drinking, and the instability of the situation skyrockets. Those involved stop thinking and react almost totally on emotion. Emotion is not a good way to handle personal problems.
My question all along had been why they returned to Rusty’s apartment the second time? They already had a confrontation there once, certainly nothing good could possibly come out of a second trip. It seems to me the only reason to return would be for fighting.
And just so it was.
But no one deserves to be beat to the extent Rusty was beaten. Laid out on the ground, there was no need to take it any further. At some point, enough is enough. Had it been enough, Rusty would still be here and Dacey wouldn’t be facing significant jail time.
Whether it is through the fog of alcohol or the fire of emotion the person who applied the fatal blow is responsible for the results of their action. Really, it’s a very simple equation. Still, it’s different from robbery or shop lifting—the kinds of things that result in little more than a period of inconvenience.
Ultimately someone had to answer for Rusty. Make no mistake about it, justice prevailed Friday in that solemn Chesterfield courtroom. But there are no winners. Dacey will end up spending a good portion of her life in prison. She likely will not get the full amount of time that the courts could apply, but I would not be shocked to see her pulling 10 years.
And yet, nothing that happened Friday can bring Rusty back.

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