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Message
Question for legal experts
Posted on 1/14/15 at 8:52 am
Posted on 1/14/15 at 8:52 am
Three people followed a 69-year old woman home in Jackson last week. They robbed her and shot her. This happened in the old money Belhaven neighborhood, so everyone is up in arms.
She was showing recovery and then she choked on a pill in the hospital and died. 2 of the three perpetrators have been caught (in the middle of a carjacking, mind you).
My question is - can they or will they be charged with murder in this instance? The cause of her death was the choking on the pill in the hospital, not the wounds she sustained being shot.
She was showing recovery and then she choked on a pill in the hospital and died. 2 of the three perpetrators have been caught (in the middle of a carjacking, mind you).
My question is - can they or will they be charged with murder in this instance? The cause of her death was the choking on the pill in the hospital, not the wounds she sustained being shot.
11
Posted on 1/14/15 at 8:54 am to anc
quote:
can they or will they be charged with murder in this instance? The cause of her death was the choking on the pill in the hospital, not the wounds she sustained being shot.
why was she in the hospital again?
Posted on 1/14/15 at 8:54 am to anc
Posted on 1/14/15 at 8:54 am to anc
i dont see how they could.
her death is not related to the injury she sustained in the robbery.
its the same thing as if she fell in the bathroom of the hospital, hit her head and died.
her death is not related to the injury she sustained in the robbery.
its the same thing as if she fell in the bathroom of the hospital, hit her head and died.
Posted on 1/14/15 at 8:55 am to anc
I got a shite load of rope that can be used many times.
Posted on 1/14/15 at 8:55 am to 777Tiger
quote:
why was she in the hospital again?
I understand. But the question remains - can they stick murder on these three thugs? I honestly do not know.
I mean they got them for armed robbery and the subsequent carjacking as they were getting away. I doubt they ever see the light of day again, but I'm just wondering if a murder charge could be tacked on to make sure.
This post was edited on 1/14/15 at 8:59 am
Posted on 1/14/15 at 8:57 am to anc
quote:
anc
I would guess so (not legal expert).
It could be argued that she was only in the hospital because of injuries, correct?
But yea, I doubt it.
Posted on 1/14/15 at 8:58 am to anc
i'm not a legal expert but to me, its seems like a good lawyer could make the argument that she wouldn't have died if not for the thugs putting her in the hospital, and that she died as a result of their actions.
felony murder maybe?
felony murder maybe?
This post was edited on 1/14/15 at 9:01 am
Posted on 1/14/15 at 8:59 am to anc
quote:
I understand. But the question remains - can they stick murder on these three thugs? I honestly do not know.
me either, waiting on legal experts, I suppose if there's enough political pressure, seeing that the crime occurred in an affluent area, the DA could prosecute for murder to up the ante on getting a confession or something like that
Posted on 1/14/15 at 8:59 am to anc
I know someone that was driving drunk and was involved in a wreck. The passenger in the other car had a broken leg but was recovering in the hospital. They died in the hospital of a heart attack two days later. His original charge was vehicular homicide but I believe he pleaded down.
Posted on 1/14/15 at 9:00 am to anc
Criminally, no. That being said, they should get fricked in a civil suit for being liable for her death I would think.
Posted on 1/14/15 at 9:01 am to saderade
I certainly think it's possible, maybe not very likely tho. They may pursue a lesser charge that they can more likely win.
Posted on 1/14/15 at 9:01 am to anc
Murder is possible.
Manslaughter more likely.
Attempted murder maybe.
Attempted Homicide in the commission of a felony with a firearm should carry a hefty sentence.
Manslaughter more likely.
Attempted murder maybe.
Attempted Homicide in the commission of a felony with a firearm should carry a hefty sentence.
This post was edited on 1/14/15 at 9:02 am
Posted on 1/14/15 at 9:02 am to TigerFanatic99
quote:
Criminally, no. That being said, they should get fricked in a civil suit for being liable for her death I would think.
Civil suit gonna take everything they own.
Posted on 1/14/15 at 9:02 am to TigerFanatic99
I think they can be charged, they put her in the hospital which then caused her death
Posted on 1/14/15 at 9:03 am to anc
According to the doctrine of ejusdem generis, the thugs can be charged with murder, 2nd degree, provided that the choking on the pill falls within the scope of their duty, which is a Louisiana-specific analysis. This would not apply if they were in privity, however.
Posted on 1/14/15 at 9:05 am to Breesus
quote:
Attempted Homicide in the commission of a felony with a firearm should carry a hefty sentence.
some states have automatic charges for things like that, FL has or had something like minimum sentences for crimes committed with a gun, if the gun was fired, and if someone died if those conditions were present, NY too I think, unless you are a receiver for a local NFL team
Posted on 1/14/15 at 9:06 am to anc
Hmmm, not sure. I could help if this was a tax question.
Posted on 1/14/15 at 9:06 am to anc
They could certainly be charged with murder on the theory that their criminal activity set in motion the circumstances that led to her death. If charged they would argue that choking on the pill was an intervening cause that relieves them of liability for her death. I'm pretty sure that is a question of fact for the jury to decide.
Depending on the jurisdiction questions will be asked such as was the criminal activity the proximate cause of the death and was the intervening circumstance (chocking on the pill at the hospital) reasonably foreseeable.
I think this would be a close case. I think people have been charged and convicted of some sort of homicide in situations where they wounded someone and the person died of complications after surgery. This is not exactly that, but close enough that a jury could go that direction.
Depending on the jurisdiction questions will be asked such as was the criminal activity the proximate cause of the death and was the intervening circumstance (chocking on the pill at the hospital) reasonably foreseeable.
I think this would be a close case. I think people have been charged and convicted of some sort of homicide in situations where they wounded someone and the person died of complications after surgery. This is not exactly that, but close enough that a jury could go that direction.
Posted on 1/14/15 at 9:08 am to anc
quote:
Civil suit gonna take everything they own.
BTW, anyone ever hear of anyone collecting on a civil suit following a crime like that?
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