Valid Charge against suspect?

Ithica

Ithica

Adept
http://www.wwlp.com/dpp/news/local/fat- ... ith-murder

I guess the story of the victims friend are this.The person Beaten up was wearing a "Cross" necklace. He was told to tuck it in his shirt by a bouncer who worked there. As he was dancing later in the night the cross came out again on his necklace. He was escorted out, where the former bouncer (friends with the clubs bouncer) attacked him.

The suspect has a history of assaults BTW. Clearly some thug with a chip on his shoulder.

So now that the victim died. Should the Assaulter be charged with Murder?

(Even though we all know even if convicted, it will go down to man slaughter and the guy will be out in 6 years on probation. Probably doing the same thing)

I am just wondering if people out there in the Nero world, think the charges are valid or not.

-Toddy
 
So, he was on life support, and they took him off of it, and he died... I dunno, it seems a bit weird to charge him with murder... I'm not sure they could prove intent, but with a jury, who knows what people will go for. I'm curious why he was taken off of life support, though.
 
He was taken off life support because the doctors advised his parents and family that he was most likely brain dead do to severe head trauma. He could not breath on his own and even if he could he was completely un-responsive.

I been sitting here all night debating looking at the circumstances and events...

Perhaps I should of mentioned it earlier. The victim was my 2nd Cousin.



Edit* (I was attempting to seek the views of people before mentioning relationship, due to the fact I didnt want it to influence anyones response)
 
Sounds like some version of murder to me. I'm not too familiar with the courts in that area though and hope I never have to be. Still, his passing was the result of the ex-bouncers actions and he needs to be held accountable for them. What an awful thing to do. I'm sorry for your loss.
 
Honestly, it sounds like manslaughter. Murder has to carry with it the intent to want the person dead, as well as motive. Manslaughter is if death occurs without intent for the person to die.

I'm sorry for your loss, though. :-(
 
EricMarsters said:
Honestly, it sounds like manslaughter. Murder has to carry with it the intent to want the person dead, as well as motive. Manslaughter is if death occurs without intent for the person to die.

I'm sorry for your loss, though. :-(
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That isn't true. Murder has to carry intent to commit a crime. You can intend to rob someone at gunpoint and when the gun goes off... blam, murder.

"Depraved indifference to human life" is one definition of murder. There is no intent to kill there, simply blase unconcern if your actions should happen to kill.

I think any DA should press for murder, even if eventually proves to unprovable (the lesser included charge of manslaughter is basically a sure thing).

-MS
 
Ithica said:
He was taken off life support because the doctors advised his parents and family that he was most likely brain dead do to severe head trauma. He could not breath on his own and even if he could he was completely un-responsive.
Click to expand...
Really, the issue at large is "should the guy be held accountable for the victim's death?", which I think he probably* should be, given what you said. The intricacies of proving "murder in the X degree" vs. "involuntary manslaughter" or what not is where I think it gets crazy. I mean, if they go for the bigger charge but fail to make the case, they don't get a redo with a lesser charge.

*There's an argument to be made that the doctors screwed something up, I suppose, which would lead me to think they were responsible for the death. I mean, if someone broke my arm, and I had to have it amputated due to an infection from bad bandages or some such weirdness, I don't think the guy who broke my arm should be held accountable.
 
The Video tape of the incident clearly shows the suspect approaching and then beating the victim.

In New England all around Judges are fed up of grey areas and BS. As well as malpractice suits that really have no justification...

You approached the guy, then did bodily harm, and even when the guy was helpless you continued. You're accountable...

I know we can all quote laws and this or that, but fact is the Judges in these states are really no BS, manslaughter is when your speeding and a deer pulls out in front of you, you hit the deer lose control and ram another car killing the other driveway.... DA's apparently seek Murder whenever its an act of violence to make examples out of people.

Its a Murder charge, leaving manslaughter as a plea bargain chip for the defendant.

Appreciate the words of those who took time to post anything. Your view Helped more then you know.
 
Ithica said:
He was taken off life support because the doctors advised his parents and family that he was most likely brain dead do to severe head trauma. He could not breath on his own and even if he could he was completely un-responsive.

I been sitting here all night debating looking at the circumstances and events...

Perhaps I should of mentioned it earlier. The victim was my 2nd Cousin.



Edit* (I was attempting to seek the views of people before mentioning relationship, due to the fact I didnt want it to influence anyones response)
Click to expand...

Hey Toddo,

First, sorry to hear about your cousin.

Yes, the charges of murder are valid. Most states have statutes that when a perosn dies from injuries from an assualt within a certain period (ussually within a year and a day, (I forget what the exact statute is in Mass but could find out since have several freinds that are DAs and defense attys there if you wanted to know for sure) the charges may be increased to murder.

Kevin
 
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