.
Isn't it somewhat abnormal that a wrongful death settlement was made before any criminal proceedings happened?
second degree murder
a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from First Degree Murder which is a premeditated, intentional killing, or results from a vicious crime such as arson, rape, or armed robbery. Exact distinctions on degree vary by state.
Manslaughter
The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. The unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection.
Manslaughter is a distinct crime and is not considered a lesser degree of murder. The essential distinction between the two offenses is that malice aforethought must be present for murder, whereas it must be absent for manslaughter. Manslaughter is not as serious a crime as murder. On the other hand, it is not a justifiable or excusable killing for which little or no punishment is imposed.
[/QUOTE]No. And the settlement probably was the wedge that forced the criminal prosecution.
While "preponderance of the evidence" (50% plus a smidgen) is well less than "beyond a reasonable doubt" FCPD and its chief have made statements that go way beyond "we are sorry", "we never broke the law and promise never to do it again", and also stated that he was fired for improper use of a firearm. Pretty much an admission that this was not an"accident"
I'm still amazed that the Commonwealth attorney brought a charge of 2nd Degree Murder
as instead of dropping it to Manslaughter
I smell bus wheels.
stay safe.
At Common Law, as well as under current statutes, the offense can be either voluntary or Involuntary Manslaughter. The main difference between the two is that voluntary manslaughter requires an intent to kill or cause serious bodily harm while involuntary manslaughter does not. Premeditation or deliberation, however, are elements of murder and not of manslaughter. Some states have abandoned the use of adjectives to describe different forms of the offense and, instead, simply divide the offense into varying degrees.
I suspect Citizen hit it on the head. Charge him with a crime that the facts do not support. He walks, as he should, since he didn't commit Second Degree Murder, and the real crime becomes that he was not charged with the actual crime he committed.
My ignorant question: Will the jury be allowed to find him guilty of Manslaughter even though he is charged with 2nd Degree Murder?
TFred
Hmm...interesting.In the last decade, Fairfax police have logged 37 officer-involved shootings. None of those cases have resulted in charges against law-enforcement officials.
"It's pretty remarkable for Fairfax County, I think this is the first indictment against a police officer in their entire history," says Mike Curtis, who is among the many people who have been pressing the police department and the county government for more information. "Now we'll see what happens when it goes to trial. I mean that's an even bigger hurdle than getting an indictment is getting a conviction."
SorryHmm...interesting.
It seems to me that the political masters were frustrated and a good minion should not bite the hand that feeds him. Would we be here if the political masters were on the "same page" as the chief from the get-go?
I suspect Citizen hit it on the head. Charge him with a crime that the facts do not support. He walks, as he should, since he didn't commit Second Degree Murder, and the real crime becomes that he was not charged with the actual crime he committed.
My ignorant question: Will the jury be allowed to find him guilty of Manslaughter even though he is charged with 2nd Degree Murder?
TFred
"Criminal Charges in Virginia Homicide
In Virginia whenever a person is criminally charged with killing another person the courts in Virginia will presume it is second degree murder.
Why?
Second degree murder is punishable by 5-20 years in prison and a $100,000.00 fine.This means that state must only prove you committed the homicide to make the case for second degree murder. To increase the charge the prosecutor must prove: ‘BEYOND A REASONABLE DOUBT” that the special conditions (willful, deliberate, premeditated or other actions) of first degree murder were committed. It is up to the defendant (Person who pulled the trigger) to prove that the lesser homicide was committed. The lesser charges are manslaughter which is still a crime, punishable by 1-10 years in prison and a $2,500 dollar fine, or justifiable or excusable homicide, which are not crimes. This may seem like "guilty until proven innocent" but it is a long established standard in Virginia."
http://www.ccjatraining.com/articles/criminachargesinva.pdf
"The second half of Virginia Code §18.2-32 says that second-degree murder is all murder other than capital and first-degree murder. Generally, second-degree murder charges are made for killings committed in the heat of a moment without premeditation or planning, but with malice.
The statute makes second-degree murder an unclassified felony, and sets the penalty at a sentence of up to 40 years in prison.
The statute doesn’t really give a firm definition of second-degree murder, but Virginia courts as far back as 1846 in McWhirt v. Commonwealth made malice a defining characteristic of murder as compared to other killings."
http://www.roanokecriminalattorney.com/violent-crimes/murder/
I suspect Citizen hit it on the head. Charge him with a crime that the facts do not support. He walks, as he should, since he didn't commit Second Degree Murder, and the real crime becomes that he was not charged with the actual crime he committed.
My ignorant question: Will the jury be allowed to find him guilty of Manslaughter even though he is charged with 2nd Degree Murder?
TFred
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt each of the first two elements of the offense as charged but you do not find beyond a reasonable doubt that the killing was willful, deliberate and premeditated, then you shall find the defendant guilty of second degree murder ....
If you find that the Commonwealth has failed to prove beyond a reasonable doubt that the killing was malicious but that the Commonwealth has proved beyond a reasonable doubt that the defendant killed [name of person] and further:
(1) That the killing was the result of an intentional act; and
(2) That the killing was committed while [in the sudden heat of passion upon reasonable provocation;in mutual combat].
then you shall find the defendant guilty of voluntary manslaughter....
As previously stated, all homicide is murder.
Read jury instruction 21.42 http://www.ocalynchburg.com/Jury Instructions/Index of Instructions.htm#_Homicide to see how the lesser included offenses are delineated from 1st degree murder. (emphasis added)
First, Alex, I'd like "drawing your gun and shooting someone in response to what you thought was them going for a gun is not premeditated" for $1,000.
Next, I'll take "Drawing your gun and shooting at somebody is pretty much an intentional act" for $2,000, Alex.
So, based on my extensive education, training, and practical experience (all 35 seconds of it in this case:shocker I'd say 2nd degree murder has a good chance, and if it fails they can fall back on voluntary manslaughter.
stay safe.
As has been said many times, "Either we are all equal, or we are not."
Likely we shall never know.Did this murderer have a history of being trigger happy or have a history of acting out with violence against citizens? I would venture to say "yes"... I am sure his file was exposed in the civil litigation however it may not be addressed in his criminal trial... My .02
Regards
CCJ
Did this murderer have a history of being trigger happy or have a history of acting out with violence against citizens? I would venture to say "yes"... I am sure his file was exposed in the civil litigation however it may not be addressed in his criminal trial... My .02
Regards
CCJ