Bad Boys II

[BmorePat87]

(05-07-2020, 11:43 PM)samhain Wrote: I'm probably mistaken is saying they were both hit with the mentioned charges.  I'd guess the kid gets murder and dad gets aggravated assault.  

You're probably right, though.  The Breitbart comment section connected to the article was a fun place to learn about the diverse opinions that exist pertaining to these events.

I'm going to make an off the wall prediction: I think Trump will come out in support of the victim's family.  He's trying to make inroads into the black community in an election year and Georgia is polling tighter than you'd expect.  He's not going to lose any of his base regardless of what he does, so there's nothing for him to lose by doing so.  

The public statement says that they're both charged with the two crimes.

Definition of aggravated assault seems like it'll hold up on both (max 20 years sentence):

https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-2/16-5-21


murder is a bit different:


https://law.justia.com/codes/georgia/2014/title-16/chapter-5/article-1/section-16-5-1

premeditated malice is required but it says that it can be "implied" if "Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart."

2nd degree murder only applies to killing of children.

Voluntary manslaughter is obviously an easier charge:

https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-2

It also gives an out for the jury to consider it murder:

"however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder."

The case can be made for the son to get murder, but that seems like a tough charge for the dad.