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Old 08-07-2011, 09:30 AM
 
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Quote:
Originally Posted by GloryB View Post
I do see your point....but it's hard to blame the lack of an air conditioning unit as the cause of death since there are people much closer to the equator who don't have air conditioning units.

Her son was there. He should have made sure she drank plenty of fluids or they simply could have stayed elsewhere. So, even though I agree that the loss of the unit did bring about the death....it didn't have to.

Or am I missing something entirely?
No, you aren't missing anything. The beauty of felony murder is that you don't have to prove that the accused directly caused the death, just that their actions caused something which caused a death.

I'm not sure if a jury would buy into the lady dying because of a lack of A/C, because like you say, a lot of people don't have it. But it could definitely be charged that way.

And I agree, the son should have been more proactive, but sometimes people are just kind of ignorant about things.
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Old 08-08-2011, 09:37 AM
 
Location: Whoville....
25,393 posts, read 30,785,724 times
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Quote:
Originally Posted by annerk View Post
No, you aren't missing anything. The beauty of felony murder is that you don't have to prove that the accused directly caused the death, just that their actions caused something which caused a death.

I'm not sure if a jury would buy into the lady dying because of a lack of A/C, because like you say, a lot of people don't have it. But it could definitely be charged that way.

And I agree, the son should have been more proactive, but sometimes people are just kind of ignorant about things.
Yes, and people die because they don't have AC. The elderly are particularly at risk. You also have to consider conditioning. This woman was aclimated to having AC. It's different if you're acclimated to not having it. Her body wasn't used to trying to deal with the heat because she was used to AC. That is totally different than someone who has been conditioned to deal with the heat.
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Old 08-08-2011, 11:15 AM
 
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Quote:
Originally Posted by John1960 View Post
A 79-year-old woman has died of heat exhaustion just two days after she had reported to police that her $2,500 air conditioning machine had been stolen from the back of her house.

Texas Heat Wave: 79-Year-Old Woman Dies From Heat After A/C Stolen, Christian News
The Thief needs to get a manslaugter charge against him/her. Also, the poor Lady's relatives / Friends should be ashamed of themselves for not coming to her rescue in such dangerous environmental situations (assuming they were aware of what took place) .
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Old 08-10-2011, 05:36 PM
 
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Quote:
Originally Posted by annerk View Post
Actually manslaughter wouldn't be the right charge. It would be felony burglary (possibly of an occupied residence, I'd have to look at the specific state statute) with the felony murder rule attached. I believe that a case with felony murder attached can be tried as a capital case in TX.
Burglary only applies if you enter a building or habitation. Stealing an AC unit from behind the house is theft, not burglary. The value of the AC unit would probably make it a felony theft (state jail felony), but felony theft does not apply in the elements of capital murder.

Also, for capital murder to apply in the case of a burglary, the death would have to have occurred during the act (or the attempt) of burglary.
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Old 08-11-2011, 08:02 AM
 
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Originally Posted by annerk
Actually manslaughter wouldn't be the right charge. It would be felony burglary (possibly of an occupied residence, I'd have to look at the specific state statute) with the felony murder rule attached. I believe that a case with felony murder attached can be tried as a capital case in TX.

REPLY: If the Perpetrators actions indirectly caused the wanton disregard of anothers safety which led to death...it is Manslaughter . Just the same as a drunk driver having a head on collision with another motorist resulting in that motorists death. In both examples, it could have been avoided and in both examples loss of life occured due to a crime being committed.
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Old 08-11-2011, 08:24 AM
 
52,095 posts, read 41,903,893 times
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Quote:
Originally Posted by 007.5 View Post
The Thief needs to get a manslaugter charge against him/her. Also, the poor Lady's relatives / Friends should be ashamed of themselves for not coming to her rescue in such dangerous environmental situations (assuming they were aware of what took place) .
1. Scroll up a few posts and you will see that she refused help.

2. This was the FOURTH time her unit was stolen. Obviously someone (a neighbor or relative?) is doing this over and over to her and then selling it for scrap or whatever. Really, they didn't think to hide some sort of tracking device on it after the 2nd or 3rd time?

3. If I steal the life jackets from your boat and you know it but decide to go boating anyway and drown....it's different than if I loosened the nuts on your car tire and you have a fatal accident.

Hopefully they catch these scumbags and try them to the full extent of the actual law.
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Old 08-11-2011, 08:26 AM
 
52,095 posts, read 41,903,893 times
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Quote:
Originally Posted by Ivorytickler View Post
Yes, and people die because they don't have AC. The elderly are particularly at risk. You also have to consider conditioning. This woman was aclimated to having AC. It's different if you're acclimated to not having it. Her body wasn't used to trying to deal with the heat because she was used to AC. That is totally different than someone who has been conditioned to deal with the heat.
^^^It's also very important to note that most residences in Texas do NOT have basements due to the hard ground and cost involved.

My parents house without AC as a kid I would go sleep in the basement or go down to cool off after mowing etc. as it would be 20 degrees cooler down there easily.
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Old 08-11-2011, 08:57 AM
 
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Quote:
Originally Posted by Mathguy View Post
1. Scroll up a few posts and you will see that she refused help.

2. This was the FOURTH time her unit was stolen. Obviously someone (a neighbor or relative?) is doing this over and over to her and then selling it for scrap or whatever. Really, they didn't think to hide some sort of tracking device on it after the 2nd or 3rd time?

3. If I steal the life jackets from your boat and you know it but decide to go boating anyway and drown....it's different than if I loosened the nuts on your car tire and you have a fatal accident.

Hopefully they catch these scumbags and try them to the full extent of the actual law.
I think in a court of Law, regardless of the Lady refusing help for having her unit stolen multiple times (for whatever reason that may be)... if a life enabling apparatus such as an a/c unit during an extremely dangerous climatic condition is criminally removed...and that Owner dies as a result, then there is a direct link between the crime committed and the womans death .

The parable you quoted in #3 differs from the stolen a/c unit , because going boating is not necessary for personal survival ... but a personally owned a/c unit in extremely dangerous ambient temperatures IS necessary for survival, and that was willfully deprived of her to sustain her life.
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Old 08-11-2011, 09:22 AM
 
18,852 posts, read 31,772,636 times
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When I was in Chicago a few weeks ago, I saw AC units with large mesh cages on them, and locks. That is the way it is now.

I don't think the theives killed her, she could have gone to a cooling center, or the neighbor's house, she choose not to.
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Old 08-11-2011, 09:59 AM
 
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Quote:
Originally Posted by jasper12 View Post
When I was in Chicago a few weeks ago, I saw AC units with large mesh cages on them, and locks. That is the way it is now.

I don't think the theives killed her, she could have gone to a cooling center, or the neighbor's house, she choose not to.
Anarchy is thriving in Chicago as it is in virtually every major city across the Nation . Its a shame people have to have cages on their a/c units to prevent reprobate minds from enjoying their craft.

The thieves didnt kill her with their hands, but they deprived her of a life enabling piece of equipment which was necessary to keep her alive . Maybe the Lady was elderly and didnt want to leave the home which she views as precious to her, or maybe she was not mentally balanced, or maybe she was counting on relatives coming over to help her -- regardless , shed be alive if not for her a/c being stolen . Thats a wanton disregard for human life .
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