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2nd Degree Murder - an accident?

rsr

<b> 7,000 posts club</b>
Moderator
Second-degree murder can fit if the defendant "Demonstrates a depraved indifference to human life and recklessly engages in conduct that creates a grave risk of death to another individual and causes the death of that individual." You also could argue manslaughter in this case, although it seems to me that second-degree murder probably is more accurate. The likelihood is that there will be a plea arrangement on a manslaughter charge.
 

canadyjd

Well-Known Member
Well, we’ve only heard one side of the story. I guess I’ll wait to hear what the man, or his attorney, says in his defense.

Hard to imagine it happening like they said. How long does it take to pull into a driveway and turn around? 15 seconds?

The man would have had to be waiting at the door with a loaded gun for someone to pull into his driveway so he could shoot them.

Not adding up in my mind.

peace to you
 

JonC

Moderator
Moderator
Well, we’ve only heard one side of the story. I guess I’ll wait to hear what the man, or his attorney, says in his defense.

Hard to imagine it happening like they said. How long does it take to pull into a driveway and turn around? 15 seconds?

The man would have had to be waiting at the door with a loaded gun for someone to pull into his driveway so he could shoot them.

Not adding up in my mind.

peace to you
"It's a very rural area with dirt roads. It's easy to get lost. They drove up this driveway for a very short time, realized their mistake and were leaving, when Mr. Monahan came out and fired two shots,"

I can see it. We have long driveways off dirt roads where you have to find enough room to turn around.
 

JonC

Moderator
Moderator
I'd call it murder.

I support 2nd Amendment rights, BUT also the responsibility that comes with the right. It does not matter what the shooter thought or felt about the situation. What matters is where the bullet went, the result, and the reality of the situation.

An accident would be the man dropping the gun in his home and it going off, through a window and into the car. When we intentionally pull a trigger we own the bullet and what occurs after the trigger pull.
 
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