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As one of those "morons" I think the reason he was not charged with 1st degree murder is twofold.
Let's see what you have to say...
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Originally Posted by Enigma777
First--We do not know he was attempting to kill someone by ramming his car into the crowd...
Most states have adopted the legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies.
Many of the morons opining about the events at Charlottesville claim that the Nazis came armed to the teeth with the intent to violently harm others. Many people have already determined that the driver is some sort of Nazi scum who deliberately killed the one woman and harmed all those others.
If that is true, I'd say that the driver's action of "deliberately ramming into a crowd" could be characterized as a violent felony to which the felony murder rule could apply, giving the DA a charge of 1st degree murder.
Quote:
Originally Posted by Enigma777
but he did allegedly deliberately ram the car and a murder occurred, so that would be 2nd degree if the murder was not planned.
Only the deliberation is alleged. He certainly rammed into people and a car with his own car.
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Originally Posted by Enigma777
Second--if it was premeditated, that would be very difficult to prove in this case unless he told someone or wrote of his plans.
No.
Whether or not a person acted with the deliberation and premeditation required for first degree murder is determined on a case by case basis. The need for deliberation and premeditation does not mean that the person must have contemplated the killing for a long time or plan way ahead of the killing. It is sufficient to find deliberation and premeditation where there was enough time for the person to form the conscious intent to kill and then act on it after enough time has elapsed for a reasonable person to second guess the decision. Deliberation and premeditation can happen very quickly, but, it must happen prior to, and not simultaneous with, the killing.
I dunno. Given the politically charged atmosphere, I can see the DA looking to go for a 1st Degree charge. What has he/she got to lose? Typically, a criminal trial has the defendant charged with several crimes, and in a homicide, several different charges are thrown at the defendant.
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Originally Posted by Enigma777
Second degree is a killing caused by dangerous conduct and the offender's obvious lack of concern for human life, so would be more appropriate in this case.
Wait? I thought the Nazi scum driver went there to kill and deliberately rammed into the peaceful AntiFa crowd?
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Originally Posted by Enigma777
if the killer was attacked first, as you claim, why is the prosecutor charging him with second degree murder, rather than saying it was self-defense or vehicular homicide?
Brennan Gilmore, a 37-year-old who works for a start up, shot the footage and said he heard tires squealing before he saw a car build up speed and ram the crowd. It hit a number of people before plowing into the bumper of another car. "It was very clearly intentional," Gilmore told NBC News. "From the far end of the street it accelerated, slowed down right before the crowd and then slammed on the gas through the crowd sending bodies flying. And then it reversed back into the street dragging bodies and clothes." Charlottesville Rally Turns Deadly: One Killed After Car Strikes Crowd - NBC News
This is the video of the car being hit by something that looks like a flag seconds before it made contact with the crowd, notice the car was already in motion
Brennan Gilmore is not some random protester that just happened to capture what was going on. He's a State Department contractor and is not to be trusted at all to have unbiased statements.
In his recording, the millisecond after the car crash, you could hear him screaming it was a nazi. No one even knew what the hell had just happened, but there he is, making sure that he yells over and over again that it was a nazi. Have to get those talking points in on your recording for the media.
The car had almost made contact with the pedestrians when it was 'struck' with something that looks like a flag. Intent had been formed before that when he started driving the car toward the crowd, a jury will have no issue with finding this animal guilty.
Can someone explain why he did this in the first place?
...
For all we know when everything hit the fan near the park, he got into his car and was trying to get out of town. He wasn't from the area and ended up driving down the wrong street when he saw the cars at the stop sign. I doubt he knew there were people walking in front of the van, but as he neared the intersection he saw people walking up the sidewalk. People who were walking in the street between him and the car he hit were jay walking.
For all we know when everything hit the fan near the park, he got into his car and was trying to get out of town. He wasn't from the area and ended up driving down the wrong street when he saw the cars at the stop sign. I doubt he knew there were people walking in front of the van, but as he neared the intersection he saw people walking up the sidewalk. People who were walking in the street between him and the car he hit were jay walking.
Hope his defense attorney comes up with a less feeble explanation.
Jay walking or not, and no matter how excited you are to leave town, you don't accelerate into and hit people, scattering them like rag dolls.
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