Manslaughter or Murder 2?

ChrichtonsGirl

Platinum Member
Aug 24, 2000
2,454
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Just my off-the-cuff impression, but it seems manslaughter 1 was more appropriate. While his reckless disregard probably caused the death, I guess some of it depends on what his explanation is for the gun being fired at all. If they were struggling and it went off, would it lower the intent? The article just says it went off, but not the specific circumstances.

It depends on whether he knew that there was a reasonable expectation that he could cause bodily harm or death with that gun - if I were the DA, I would have probably charged him with Murder II as well, but included the lesser manslaughter charge. It seems like he was bowing to community pressure by upping the charges.

I'm absolutely not a lawyer, those are just my impressions.
 

Yeeny

Lifer
Feb 2, 2000
10,848
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I myself would say murder 2, simply because he was shot outside of his own home. What was the other guy doing at his house with a gun, if it was unintentional? But since they are not releasing all the facts, it makes it hard to tell what really happened.
 

Isla

Elite member
Sep 12, 2000
7,749
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TRP

Let me give you MR's work number so you can tell him that I am right!

:D :D :D

edit: He thinks is could be manslaughter, but I don't understand why the gun was brought out at all. There was no real threat presented by the guy who got killed... He had no weapon.
 

montanafan

Diamond Member
Nov 7, 1999
3,551
2
71
It's murder. He brought the gun for a reason. If it was for self-defense, he wouldn't have had it out waving it around when the other guy was unarmed.
 

abracadabra1

Diamond Member
Nov 18, 1999
3,879
1
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murder 2.
you bring a gun...to a physical atomsphere and it's bound to go off, somehow.
guns are bad. people are worse. i hate guns...i hate 'some' people.
blah...but we still need them, for some reason.

wonder how many more need to be killed...i wonder...
 

chess9

Elite member
Apr 15, 2000
7,748
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Isla:

I have no idea whether it is murder or manslaughter, but I do know it wouldn't have happened if we didn't allow dentists to own firearms. Dentists are a social menace without guns. Give a dentist a gun and WWIII is just around the corner. Let's all take a stand now: NO GUNS FOR DENTISTS.

Please, do your part, and take a stand. Or, send $25 to Robert's Fight Against DDS Gun Ownership, c/o Banco Nationale de Dominico Republico, Curacao, S.A. Cash or money orders only, please.
 

DABANSHEE

Banned
Dec 8, 1999
2,355
0
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As far as I can understand the correct prceedure would be to charge him with both manslaughter & murderII, then let the jury decide.

See, its not so complicated afterall.