October 5, 201412 yr Could he be charge with murder? I'm sure a civil suit could come into play, but that's a slippery slope. Guy probably doesn't have a pot to pee in or a window to throw out of.
October 5, 201412 yr I'm sure a civil suit could come into play, but that's a slippery slope. Guy probably doesn't have a pot to pee in or a window to throw out of. What about conspiracy to commit murder?
October 5, 201412 yr What about conspiracy to commit murder? Lacking intent. His behavior is more liken to "wanton"
October 5, 201412 yr Lacking intent. His behavior is more liken to "wanton" Seems to me that the caller had some sort of intent.
October 7, 201412 yr Sad as it may be, and it appears the caller is nothing but a fraud based on the information available, there probably isn't going to be a court that wants to get into having people making 911 calls second guess themselves about being faced with a charge if something is wrong. From a public policy standpoint, that's what it will come down to. Here, absent some smoking gun that the caller knew he was wrong and still went on, there won't be anything worse than his name and information being published and him having to live with that.
October 7, 201412 yr Like I said, slippery slope if they go after him. Yep. Agree 110%. If they go after him, it's grounds for having some grandma think twice before she calls 911 because she fears she'll be wrong and prosecuted for an honest mistake. I don't think this guy made an honest mistake at all (unless he's just a compulsive liar or something and really can't help it), but I understand why they won't prosecute him. Honestly, having his name and address published is probably going to do permanent damage to his reputation (maybe even more so than a prosecution for a minor misdemeanor), but that's probably the worst that's going to come to him from this. Sometimes, the law/justice system just falls short.
October 7, 201412 yr That guy was blatantly lying about what he was seeing. Sucks that he can't be charged for it, but I understand the slippery slope.
October 10, 201412 yr Author https://m.soundcloud.com/jon-swaine/officer-sean-williams-speaks-about-the-shooting-of-john-crawford-iii Statement given the night of the shooting by the officer who shot the victim.
October 11, 201412 yr Going to start by saying I've watched way too much Law and Order. That said could you charge him with manslaughter?
October 11, 201412 yr Author 2nd officer's recorded statement. The statements made by both do not sync up with the video. Having not been in that position I have to wonder if it's simply how the brain works in a tense situation or is it a case of creating a narrative.
October 11, 201412 yr Going to start by saying I've watched way too much Law and Order. That said could you charge him with manslaughter? You could technically charge him with anything, but I don't think a manslaughter charge sticks at all or would even make it out of the initial phases. Wanton endangerment might be the best bet in terms of what you could realistically charge him with in terms of penalty and making it actually hold up.
October 11, 201412 yr KRS § 508.060. Wanton endangerment in the first degree. (1) A person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person. (2) Wanton endangerment in the first degree is a Class D felony. KRS § 508.070 Wanton endangerment in the second degree. (1) A person is guilty of wanton endangerment in the second degree when he wantonly engages in conduct which creates a substantial danger of physical injury to another person. (2) Wanton endangerment in the second degree is a Class A misdemeanor.
October 11, 201412 yr Manslaughter and involuntary manslaughter are usually reserved for when the direct actions of someone results in death. Example: car wrecks where someone was drunk, in some states and the other driver died, (and sadly I'm being serious... finding your spouse in bed with someone else), or depraved heart murders (ex. playing Russian roulette). Basically, they negate some of the intent mens rea from most other homicide charges.
Archived
This topic is now archived and is closed to further replies.