10 people injured at KC Super Bowl Parade

[Sociopathicsteelerfan]

(02-17-2024, 11:47 AM)GMDino Wrote: Since I'm not an expert in everything legally involved in every state and jurisdiction I guess my question is: Are there specific circumstances for charges like "murder" vs "involuntary homicide" vs some other charge where the suspects actions resulted in a death?

I'm actually going to answer your questions instead of being baited by you.  In so doing, note I'm not an expert in Missouri state law, but I doubt very much it differs radically from CA law in this regard.  Penal code violations tend to have the same standards when you're talking about "red meat" felonies like robbery, murder and assault.  If you're speaking to this specific incident, it would still be first degree murder.  First degree murder requires pre-planning or a "depraved heart".  Depraved heart being defined as engaging in a behavior so wantonly dangerous as to be likely to cause death.  Shooting into a crowd of people, even if you have a specific target, will result in first degree murder charges due to the act having such an obviously lethal likely outcome.  Where it would get interesting, from a legal standpoint, is if the murdered victim was struck by return fire from the initial intended victim.  I'd still be very comfortable charging first degree murder, especially if this shooting, as I think is almost a dead certainty, is gang related. 

Quote:If you and I have a shootout over the last donut and accidentally shoot Dill who is walking by the building is that the same as aiming at Dill and killing him?  

It depends on the circumstances.  If you fired one shot at "person X" (I wouldn't want to be accused of threatening to kill another board member here), missed and it went through a wall and struck the victim it probably would not be charged as first degree murder.  You had no intent to hit the victim and didn't know the victim was there.  Contrast that with you both being on a busy street when the argument started and you fire multiple rounds at "person X" who is standing directly in front of a crowd of people.  You're actions have such obviously lethal consequences for anyone standing behind person X that you would almost certainly be charged with first degree murder.  I'll add that a DA could still make such an argument in the first scenario, but it's far less likely.  If they did it would likely be a tactic to get an easier plea deal out of you.

Quote:And do we know the age of the suspects?  I've been busy and we're leaving for the weekend so I didn't read any links yet this morning.  Can we charge 15 year olds as adults in KC?  13?  

Again, there may be a difference between Missouri and California law here, but I doubt it, and if there is it wouldn't be substantial.  In CA anyone 14 years or older (under fourteen being legally defined as a child) can be charged as an adult, or that process started, if they commit a crime listed under 707(b) WIC (welfare and institutions code).  These crimes are generally what you would typically think they would be.  Murder, robbery, felony assault, carjacking, rape, arson, kidnapping.  Here is a link with a list, sans the PC numbers for most of the offenses listed.

https://www.keglawyers.com/juvenile-strike-crimes-wic-707b

In CA you now have to go through a trial process in the juvenile system called a, "Transfer to Court of Criminal Jurisdiction" hearing.  At the end of that process the judge decides if the minor remains in delinquency court or is transferred to adult.  The DA used to be able to direct file on this type of case, skipping the delinquency court entirely, but that has been changed.

Quote:Those are serious questions that I do not know the answers to.

Anyway when we get settled I'll come back to the "Bengals Wanna Be Lawyer Subforum" and I'm sure by then there will be an answer backed with links and backing information.  

An interesting statement, considering the Public Defender that used to haunt this sub-forum had to be corrected on basic criminal law by someone you'd likely slap that label on.  Alas, we will struggle ever forward.

Quote:That was the joke because I DO know that won't happen.