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Old 08-06-2011, 02:45 AM
 
Location: Tennessee/Michigan
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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
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Old 08-06-2011, 06:57 AM
 
Location: Whoville....
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I hope they catch the theif and charge him with manslaughter.
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Old 08-06-2011, 08:24 AM
 
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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.
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Old 08-06-2011, 08:44 PM
 
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scumbags. There has been a rash of those thefts around here too. They steal those big central AC units too! WTH is this world coming to...
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Old 08-06-2011, 09:23 PM
 
Location: Whoville....
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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.
Why wouldn't manslaughter apply? The lady died as a result of the direct action of the thieves. If they hadn't stolen her AC, she'd be alive today. Her death is their fault.
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Old 08-07-2011, 04:50 AM
 
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The poor lady, that is really sad.
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Old 08-07-2011, 07:16 AM
 
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Quote:
Originally Posted by Ivorytickler View Post
Why wouldn't manslaughter apply? The lady died as a result of the direct action of the thieves. If they hadn't stolen her AC, she'd be alive today. Her death is their fault.
Because manslaughter requires an actual action (or lack of) against the body. It's felony murder because they commited a felony and as a result of that felony--direct or indirect--someone died.

I'm not saying her death isn't on their hands, I'm saying you're "charging" it wrong.
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Old 08-07-2011, 08:59 AM
 
Location: Orlando, Florida
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I feel sorry for the lady, but people DID live without air conditioning for centuries BEFORE they had them. There are also thousands of people who crossed Death Valley on their way to California in wagons. Drinking enough water and taking proper precautions would keep someone from dying from a heat stroke.

So again, I'm really sorry for this elderly lady, but I don't think they person who stole her AC unit killed her.
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Old 08-07-2011, 09:06 AM
 
26,590 posts, read 54,849,580 times
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Quote:
Originally Posted by GloryB View Post
I feel sorry for the lady, but people DID live without air conditioning for centuries BEFORE they had them. There are also thousands of people who crossed Death Valley on their way to California in wagons. Drinking enough water and taking proper precautions would keep someone from dying from a heat stroke.

So again, I'm really sorry for this elderly lady, but I don't think they person who stole her AC unit killed her.
Which is why the charge would be burglary with felony murder rule applied. Someone died as a direct or indirect result of the commission of a felony.

Here's the best explanation of the Felony Murder Rule:

A guy walks into a convenience store and pulls out a gun. The clerk hands over the cash. The robber takes the money and leaves without incident. But an elderly lady is also in the store, sees the robbery in progress, and has a heart attack. The clerk calls 9-1-1 and the old lady is rushed to the hospital, where she dies the next day.

Obviously you can't charge the robber with homicide or manslaughter, as his actions did not directly kill the lady. But his actions did cause her to have the heart attack which led to her death, which is where felony murder rule would be applied.
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Old 08-07-2011, 09:18 AM
 
Location: Orlando, Florida
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Quote:
Originally Posted by annerk View Post
................

Obviously you can't charge the robber with homicide or manslaughter, as his actions did not directly kill the lady. But his actions did cause her to have the heart attack which led to her death, which is where felony murder rule would be applied.
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?



Quote:
Grissom's air conditioning units had been stolen three separate times in the past and this particular time she and her son were stuck enduring the hottest month ever recorded in the history of Texas.
Grissom's neighbor Caroline Ware offered to have the elderly woman stay over, however Grissom refused the offer, preferring to stay in her own home.
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