Comments on: First Degree Murder?

By: Dana

Dana — Thu, 08 Jan 2009 00:59:28 +0000

Going for M-1 increases the pressure to plead to M-2. And if the younger Mr Biden runs for the Senate in two years, his minions want to be in line to run for Attorney General, and have a good, “tough on crime” record.

By: Von Cracker

Von Cracker — Wed, 07 Jan 2009 15:22:00 +0000

friggin’ sad story.

Jack McCoy wouldn’t push it; he’d go for 2nd degree murder…and as a jail house lawyer, I would too….

By: Delaware Dem

Delaware Dem — Wed, 07 Jan 2009 15:19:03 +0000

Dorian–

No. That is my point. It can’t. It can create a harsher sentence, or it can lead to the charging of a different crime (i.e. assaulting a police officer or other public safety officer is a distinct separate crime). But that is not what is happening here. They are going for the gold with First Degree Murder, and they can’t prove that.

I think you are right though, Murder 2 is appropriate. Depraved Indifference.

By: anon

anon — Wed, 07 Jan 2009 15:02:27 +0000

Depraved indifference is provable. Premeditation is not.

By: Unstable Isotope

Unstable Isotope — Wed, 07 Jan 2009 14:52:58 +0000

The guy who did this is a real jerk but I am a little concerned with the trend of treating the deaths of law enforcement officials as more important than the deaths of other individuals.

By: Dorian Gray

Dorian Gray — Wed, 07 Jan 2009 14:52:23 +0000

DD – Legally speaking, can’t the victim’s status create the condition of a harsher charge (not just an agrivating factor in sentencing)? Like killing a cop or bashing a gay guy simply because he’s gay, etc. I hold fire-fighters in higher regard than coppers… but my educated non-legal opinion is Murder 2 due to depraved indifference… harsher than manslaughter but not Murder 1.

By: Delaware Dem

Delaware Dem — Wed, 07 Jan 2009 14:32:13 +0000

Precisely my concern, anon.

By: Delaware Dem

Delaware Dem — Wed, 07 Jan 2009 14:31:42 +0000

I do believe so. But that is not what they are doing right now. They can argue two different theories.

By: RSmitty

RSmitty — Wed, 07 Jan 2009 14:09:37 +0000

They can lower the charge, which I am sure they would do in this case.

DDem…if it went to court, is it allowable to go with both a murder-1 and murder-2 in play (I realize only one can bring a conviction, not both)?

By: anon

anon — Wed, 07 Jan 2009 14:05:08 +0000

Except that’s not how the game works. A smart defense attorney would call the bluff on this overreach and force the state to prosecute it as 1st-degree — which would be child’s play to defend.

By: RSmitty

RSmitty — Wed, 07 Jan 2009 13:56:03 +0000

I share your anger, but I have a bigger concern: this guy is gonna get off if the charges remain as they are now
I had that same point when I discussed this topic with a friend (see my first comment).

My insider-info sources are from people within the ranks of EMTs and professional Paramedics, so the info can certainly be emotionally-charged and exaggerated, but I did hear more than once about expectation of murder-2 to be goal (this after murder-1 was annouced). Additionally, as you more-or-less noted, shooting the moon up front (murder-1) to ultimately settle to murder-2 is one of a few tried-and-true strategies out there.

By: Delaware Dem

Delaware Dem — Wed, 07 Jan 2009 13:52:41 +0000

Rsmitty..

I share your anger, but I have a bigger concern: this guy is gonna get off if the charges remain as they are now. He will be convicted of the other smaller crimes, like leaving the scene and failing to report. But he will be acquitted of 1st degree, for he did not possess the requisite intent.

If I were the defense attorney here, I would go to trial.

By: Delaware Dem

Delaware Dem — Wed, 07 Jan 2009 13:50:27 +0000

Shields…

He was not driving one of those vehicles. He was driving his girlfriend’s BMW that did not have those steering wheel controls. As Rsmitty notes, he was operating the gas and brake pedals with a stick! That is reckless indifference.

By: Brian Shields

Brian Shields — Wed, 07 Jan 2009 13:49:13 +0000

but not with a stick, WTF?!

By: anon

anon — Wed, 07 Jan 2009 13:48:22 +0000

This is the work of Gebelein, not Beau. I suspect this is a plea bargain tactic.

I take it back… Beau does know. I spoke too hastily. I assumed it was just some piling on to satisfy the uniformed services/LE crowd.

Although I am not a fan of the plea bargain game, I hope it works in this case.