His brother addresses her....
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I thought murder requires a motive. I would say manslaughter would have applied to this case.
I thought murder requires a motive. I would say manslaughter would have applied to this case.
I thought murder requires a motive. I would say manslaughter would have applied to this case.
She also should have been given more than 10 years, but she was a good actress and her defense team did a good job pushing their theory of the case. She is also a white female, which I am sure helped too.
When she arrived at the door to "her" apartment, the door was ajar and she heard someone inside the apt. At that point, she could have called 911 (or called for backup using her police radio). She had the only exit from the apartment covered. She could have waited outside for help. Instead, she drew her gun and charged in
Were you on the jury?
Do you feel better qualified to make that determination than the people who were in the court room and listened to all of the testimony?
At
1. Is too thick to distinguish her apartment on one floor from another apartment on a different floor, with different stuff down the hallway and outside her OWN apartment
100% agree with this. I was stunned by the brother what a wonderful person.I think the court got it exactly right. Fact is, she was negligent and she did INTENTIONALLY shoot him. Wasn't premeditated in any case, but that's why its not Murder 1. But frankly, I haven't seen anything that IMO justifies her decision to use deadly force. She's trained to handle escalations and to handle confrontation, and not just "intruder = shoot to kill".
I gave my opinion based on the facts and evidence that I saw. Just as you did above.
Just wondering Sy, do you believe her (or her defense team's) story that she walked into the wrong apartment thinking it was her's?
Question: Did the jury set the sentence too? I know they chose to convict on the murder charge but wasn't sure if it was the judge or jury that set the final sentence.
Yes. Jury handed down the sentence.Question: Did the jury set the sentence too? I know they chose to convict on the murder charge but wasn't sure if it was the judge or jury that set the final sentence.
But yeah, I find it hard to believe she walked down a different hallway with different furnishings and decorations, and her own doorway didn't have a doormat and plant that the dead guy's did and she thinks it's hers.
I guess the difference is that I said they got it right. You said they got it wrong.
I hate the idea of judging the jury with less information than they had. They had a very difficult job to do, and I give them the benefit of the doubt that they did it correctly, and to the best of their ability.
She is also a white female, which I am sure helped too.
No, murder doesn't require motive. Murder is simply the intentional killing of another person with malice aforethought. No prosecutor ever has to establish motive as an element of murder.
She murdered the man and the jury was right to find her guilty. She also should have been given more than 10 years, but she was a good actress and her defense team did a good job pushing their theory of the case. She is also a white female, which I am sure helped too.
What's the alternative? She purposely went to the wrong door and decided to kill whoever was inside? She decided to kill a black dude and made up the whole story so she could do it and get away with it?
Not all murders require malice aforethought.
yet none of those people killed anyoneDid you know that the defense had over 50 residents say that they had made the same mistake....parked on the wrong level and ended up at the door of the apartment directly above or below theirs?
I believe CowboyJD may have been typing too fast and cited "murder-felony" instead of the "felony-murder rule."Which murder would that be?
Which murder would that be?
Not all murders require malice aforethought. That’s 1st Degree Murder.
Can’t believe I’m explaining this to a lawyer that clerked for a federal judge. I’m sure you took criminal procedure in school and understand that malice aforethought is a term with a very specific meaning and standard.
I see you went back and edited your post.
Actually, malice aforethought also is included in Second-Degree Murder. Second-Degree murder doesn't included premeditation. And of course, I am not referencing manslaughter when I reference murder in the context of this thread.
alright lawyers, if you are so smart, what is the difference between aforethought and forethought?