Where did this guy get the idea it was okay to go into a girls restroom stall?

It doesn't matter. Clearly he intended to inflict great bodily harm this person because that's exactly what he did.

Second degree murder is defined as such:
  • A killing done impulsively without premeditation, but with "malice aforethought"
  • A killing that results from an act intended to cause serious bodily harm
  • A killing that results from an act that demonstrates the perpetrators "depraved indifference" to human life
This is clearly a 2nd degree murder case. He deserves the maximum IMO.


Yet the jury won't see it that way, 5 years probation max.



.

Depends on his criminal record if he even has one.

Not that I can find without a much more in-depth search. For myself, I'm bothered by him feeling that physical violence, especially to that extent, is appropriate after the fact. That seems to indicate a lack of self-control and civilization that would potentially make him a danger to society.

I think it's a little different when you're talking about somebody's daughter. If he has a history of assault and violence, then I would have to agree with you. But if this was an isolated incident, the reason has to be taken into consideration.

I certainly think there's a difference between one isolated incident and a pattern, and the law thinks so as well. However, "I talk to authorities, I walk away, and THEN I decide I have to pound him" is still a concerning thought pattern to me. Heat of the moment, actually defending your loved one from harm, okay; this wasn't that, and I'm much less comfortable with it.

As I've said, I don't know that I'd go for 2nd-degree murder on the jury (depending on what facts were brought to light in trial), but I also wouldn't go for letting him walk scot-free.

I see a plea deal coming down the road in this case. Probably plea down to manslaughter of some kind and get very minimal time in jail.

If he has no violent history, otherwise a model citizen, I hope he doesn't get much time at all. The last thing we need to do is take a guy like that and turn him into a career criminal. And if he's a skilled worker, he may still be able to function once he's out. But if he's general manual labor, it will probably be very difficult or even impossible for him to find work ever again.
 

Forum List

Back
Top