reply to post by BigJoeNYC
Ok, since this is not getting anywhere, and since I am guessing you have never been on a jury before, let me explain to you how this trial is going to
Since he admitted and was recorded on tape stating that he had a firearm, and was going to go outside to kill them, the fact that he committed the
murder is not even going to come into question. He obviously did it, and the bodies and firearm were recovered.
Now see, when your on a jury you cannot sit and argue things like we are here, the judge tells you specific things that meet certain legal criteria
and you only get to say “guilty” or “not guilty” to those. The judge is going to instruct that jury on the meaning of self-defense, and the
definition of each level of murder.
So since he put himself into harms way against the direct order of a law enforcement officer, self-defense is not going to apply to him, neither is
being in fear for his life, nor his inability to escape the situation. So self-defense is out of the park right off the bat because he fails to meet
So that leaves the jury with man-slaughter, or one of the degrees of murder.
He may be able to argue voluntary manslaughter on these grounds:
Voluntary Manslaughter is usually committed under one of the two states of mind, which are adequate cause and sudden passion. Adequate cause can
be defined as “a cause that would commonly produce a degree of anger, rage, or terror in a person of ordinary temper, sufficient to render the mind
of the defendant incapable of objective reflection.”
But I think that him telling the officer in advance that he was going to kill these guys is going to up this to first degree premeditated. This is
because his action of telling the officer that he was not going to stay inside and was going to go kill them means he was
capable of objective
Premeditated murder is the crime of wrongfully causing the death of another human being (also known as murder) after rationally considering the
timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.
State laws in the United States vary as to definitions of "premeditation." In some states, premeditation may be construed as taking place mere
seconds before the murder. Premeditated murder is usually defined as one of the most serious forms of homicide, and is punished more severely than
manslaughter or other types of murder.
He took the time to call the police, he took the time to get and load his weapon, and he told the officer he was going to do what he did in advance,
this all applys to premeditation. The jury only has the option to state if what he did fit’s the criteria or not, period.
This will take the jury about an hour to decide this case, and then only if they stop and break for lunch…