Murder or manslaughter?
Sep 7, 2019 13:43:01 #
PeterS wrote:
Recently in Dallas, there was a freeway shooting t... (show quote)
No crime by A. He was simply standing his ground against driver B. Driver B could have been charged with attempted murder had he survived. B got what he deserved. If driver B had remembered to bring his own gun that day he would have killed A. That is how they do it in Texas.
Sep 7, 2019 13:46:50 #
crazylibertarian wrote:
But it was seconds or at most a few minutes. First degree murder might be a stretch. Any defense lawyer would emphasize that.
Both parties were emotionally charged, but the fact the driver decided to re-engage with a bullet, maybe second degree murder. Bit he certainly did it deliberately and with fore-thought and malice.
Sep 7, 2019 14:02:32 #
PeterS wrote:
Recently in Dallas, there was a freeway shooting t... (show quote)
This was an interesting and fun (for lack of a better word) scenario you presented, Peter. Obviously state laws vary, and often times in a circumstance such as this, the defendant is generally charged with both, then a jury, once all evidence is presented, will decide, with the guidance of the judge, which charge is most appropriate. Under the circumstances here, I would have to go with, voluntary manslaughter.
Good thread, Peter.
(Though one element that was left out is that, car A, thought what broke their window was a bullet, and that is what put them “in fear for their lives”) that will be an important issue.
Sep 7, 2019 14:28:06 #
no propaganda please
Loc: moon orbiting the third rock from the sun
badbob85037 wrote:
I wouldn't have thrown the bottle. There isn't a driver out there that hasn't cut another off without knowledge. Second degree murder.
Under most circumstances it would be first or second degree murder, depending on whether more than a few seconds elapsed between the actions of car B and the shooting by driver A in which case it would definately be first degree murder. However, if it were in San Francisco and car B had a sign on it stating that the driver was a prolife Christian then it would be considered justifiable homicide by a San Francisco court.
Sep 7, 2019 17:13:06 #
Sep 8, 2019 05:30:10 #
PeterS wrote:
Recently in Dallas, there was a freeway shooting t... (show quote)
Murder.
Once we were going through Garden City following my husband's son in our pickup.
All of a sudden, his son stopped and we stopped.
His son ran and opened the door and sat in my lap.
These drunk teens in the back of a pickup threw a beer bottle through our windshield.
The little boys in the back seat of our pickup were covered in glass.
Of course the cops claimed they couldn't find them.
If you blinked going through Garden City, you'd miss it.
Those cops knew good and well who those kids were.
Sep 8, 2019 06:40:24 #
Iliamna1 wrote:
Just the fact that the driver of car A re-engaged the driver in car B sped up and shot him is premeditate to me . . . it was murder.
That was my thought too even though he claimed he thought he was shot at. That wouldn't matter since he now was a safe distance behind him. Take his license plate and let the police do their jobs...
Sep 8, 2019 06:41:31 #
Tug484 wrote:
Murder. br Once we were going through Garden City ... (show quote)
Agree...so never say we haven't agreed on anything!
Sep 8, 2019 06:46:02 #
The Critical Critic wrote:
This was an interesting and fun (for lack of a bet... (show quote)
True but since Car A was safely behind Car B what broke the window become irrelevant. And this happened in Texas so it can go anyway which is why I wanted to get peoples opinions. I think it interesting that so many seem to be in agreement showing that on somethings conservatives and liberals can be in agreement...
Sep 8, 2019 06:49:09 #
rumitoid wrote:
Murder, in that out of danger he decided instead to reengage in a highly threatening way. Maybe even self-defense.
Both murder and self-defense? You have me scratching my head on that one...
Sep 8, 2019 06:50:59 #
crazylibertarian wrote:
But it was seconds or at most a few minutes. First degree murder might be a stretch. Any defense lawyer would emphasize that.
It wasn't premeditated so it couldn't be first-degree murder. It could be second degree, manslaughter, or no charge at all...
Sep 8, 2019 07:22:34 #
PeterS wrote:
Agree...so never say we haven't agreed on anything!
Ok, buddy! Lol!
Is it a miracle?
Sep 8, 2019 10:32:28 #
I think it was premeditated. The shot was not fired in the heat of the moment. It was fired after a short period of thinking about it.
Sep 8, 2019 14:58:10 #
PeterS wrote:
Recently in Dallas, there was a freeway shooting t... (show quote)
What if there had been children near the window that was smashed? Self defense at best! Driver b started the altercation!
Sep 8, 2019 15:00:37 #
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