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Old 08-11-2011, 10:45 AM
 
51,866 posts, read 41,765,307 times
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Quote:
Originally Posted by 007.5 View Post
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.
The example I gave was not intended to compare recreational boating to a life enabling apparatus, it was meant to show the concept of contributory negligence.

SOME of these types of cases become VERY GREY while others are more clear cut.

For example, if the woman lived alone and was agoraphobic then it would make a stronger case for murder charges.

If the woman was younger and healthier but took illegal drugs which in conjunction with the heat killed her....then not a chance.

This is a good discussion, read this account....the badly injured passenger was actively involved in the street racing and knew the driver had been drinking when he got in the car but the driver still got jail time.

Nick Hogan - Wikipedia, the free encyclopedia
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Old 08-11-2011, 11:02 AM
 
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Quote:
Originally Posted by Mathguy View Post
The example I gave was not intended to compare recreational boating to a life enabling apparatus, it was meant to show the concept of contributory negligence.

SOME of these types of cases become VERY GREY while others are more clear cut.

For example, if the woman lived alone and was agoraphobic then it would make a stronger case for murder charges.

If the woman was younger and healthier but took illegal drugs which in conjunction with the heat killed her....then not a chance.

This is a good discussion, read this account....the badly injured passenger was actively involved in the street racing and knew the driver had been drinking when he got in the car but the driver still got jail time.

Nick Hogan - Wikipedia, the free encyclopedia
If I were the Prosecuting Attorney (assuming I was in that Profession), I think a good case could be made to link the Perpetrator to causing the ultimate demise of the Woman and either Manslaughter or slightly lower Felony charges would convince a Jury . Ill give your site a read.
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Old 08-11-2011, 11:09 AM
 
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Quote:
Originally Posted by Mathguy View Post
.............

This is a good discussion, read this account....the badly injured passenger was actively involved in the street racing and knew the driver had been drinking when he got in the car but the driver still got jail time.

Nick Hogan - Wikipedia, the free encyclopedia
And i think rightly so .

From the Site ---- 'Bollea was charged with reckless driving involving serious bodily injury (a 3rd degree felony, punishable by up to 5 years in prison plus fines), use of a motor vehicle in commission of a felony'.

Instead of the a/c unit Thieves using a motorized vehicle to accomplish their crime which left a woman dead, they used their personal hands and feet to contribute to the end result (loss of innocent life) .
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Old 08-11-2011, 11:26 AM
 
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Quote:
Originally Posted by 007.5 View Post
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 .
Had she died without knowing the a/c was stolen or known but been unable to leave the house, maybe a negligent homicide charge would work, depending on wording of Texas law. Given that 2-days went by, I don't think a homicide charge fits.
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Old 08-11-2011, 02:03 PM
 
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Quote:
Originally Posted by jazzarama View Post
Had she died without knowing the a/c was stolen or known but been unable to leave the house, maybe a negligent homicide charge would work, depending on wording of Texas law. Given that 2-days went by, I don't think a homicide charge fits.
The Thugs are legally culpable...at least to some degree.
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Old 08-11-2011, 08:34 PM
 
Location: Yucaipa, California
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The elderly woman refused help & her a/c units have been stolen 4xs. I bet it was the same person. I sure hope they catch him. Lowlifes like that will get theirs sooner or later. I have read tx heat has ben very nasty this summer & its suppose to return to 100+ degrees tomorrow. Maybe if the woman had a window a/c she would be alive today. Window a/c units are for the most part inexpensive & much cheaper then the central a/c units. May she RIP.
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Old 08-12-2011, 08:56 AM
 
51,866 posts, read 41,765,307 times
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Quote:
Originally Posted by 007.5 View Post
The Thugs are legally culpable...at least to some degree.
I agree, these things get very grey and would be mitigated by other factors that we are not privy too.

I could see this one going either way depending on the details.

There are some interesting case laws on the internet with regards to situations like this.

One guy somehow had a beam on the road near his house, not sure if he was moving it onto his property or what-not. A guy came blasting around the corner on his motorcycle way over the speed limit, hit the beam and died in the crash. Beam guy was found not cullible since had the biker been traveling at normal speeds he would have been able to avoid the situation entirely. (This was a civil case and not criminal but the example applies.)
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Old 08-12-2011, 09:01 AM
 
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this is very sad, but, if the AC was important to her health, she should have been placed someplace else till the ac was replaced. Sounds to me like family did not do their part in this and should also be held accountable.
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Old 08-12-2011, 09:37 AM
 
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Quote:
Originally Posted by Mathguy View Post
I agree, these things get very grey and would be mitigated by other factors that we are not privy too.

I could see this one going either way depending on the details.

There are some interesting case laws on the internet with regards to situations like this.

One guy somehow had a beam on the road near his house, not sure if he was moving it onto his property or what-not. A guy came blasting around the corner on his motorcycle way over the speed limit, hit the beam and died in the crash. Beam guy was found not cullible since had the biker been traveling at normal speeds he would have been able to avoid the situation entirely. (This was a civil case and not criminal but the example applies.)

I have often thought about electrifying my aluminum window sash (surrounded by vinyl siding on wood) as i live in the woods alone and want to leave the window open in nice weather to cool off my home when im gone. I dont want to kill a Thief however...only shake him to the core of his Being ; but I suppose if the Perp. lost his life Id be in hot water . BUT, in Florida, if youre IN THE HOUSE when the Thief is entering your home, you can by law stand your ground , not retreat, and shoot him if you feel threatened.
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Old 08-12-2011, 03:36 PM
 
26,590 posts, read 54,571,346 times
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Quote:
Originally Posted by 007.5 View Post
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.
Nope. Read the law. In this case it could only be charged as manslaughter if the related crime was a misdemeanor. Because the causal crime was a felony, the felony murder rule kicks in.
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