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Posted on 7/25/17 at 6:58 pm to crap4brain
Jesus. We used to get drunk and piss on these fences all the time... How high was the fricking voltage?
Posted on 7/25/17 at 7:07 pm to The Great McGinty
quote:
So was this an electric fence or had a wire touched the fence and made it hot?
Its gotta be this right? I mean who has an electric wooden fence?
Posted on 7/25/17 at 7:10 pm to SundayFunday
Yea... because if someone made a homemade security system, somebody is about to do some prison time!
Posted on 7/25/17 at 7:20 pm to slackster
quote:
I don't see what the criminal charge could be.
There are plenty of fact patterns under which criminal charges could be supported. The first one that comes to mind is neighbor has feud/beef with someone who has trespassed or the like before (just assume it isn't the 7 year old himself--that is too farfetched). Neighbor rigs and cranks up the juice on the fence to a dangerous level.
Armed battery could lie, even against an unintended victim. Even attempted murder. Felony-murder too.
This post was edited on 7/25/17 at 7:28 pm
Posted on 7/25/17 at 7:36 pm to Ghost of Colby
quote:
Should the neighbor be held responsible for boy's death? I think he should face criminal charges & be sued by the boy's family.
Are you sue happy? What grounds?
Posted on 7/25/17 at 7:38 pm to slackster
quote:
eleven Monday night that McFarland was missing. His parents told police he was playing with his sister in the front yard
Posted on 7/25/17 at 7:59 pm to kywildcatfanone
quote:
? What grounds
If you have enough voltage running through your fence to kill a human being, you damned right you should be criminally liable. Why would this be hard to understand?
Posted on 7/25/17 at 8:41 pm to DustyDinkleman
quote:
This is shocking news
Criminal electrocuted while running from police after robbery- make jokes
7 year old killed while retrieving ball- not funny
It's sad you have to be told that.
Posted on 7/26/17 at 3:15 am to kywildcatfanone
If they had that fence connected straight to 110 volts, these grounds:
Negligent Homicide
Criminal Negligence
Eta: removed criminal Intent link, bc it isn't necessary here.
Negligent Homicide
Criminal Negligence
Eta: removed criminal Intent link, bc it isn't necessary here.
This post was edited on 7/26/17 at 3:19 am
Posted on 7/26/17 at 3:30 am to TSLG
I read one article that stated the child became tangled in a 120 volt fence. The wording leads me to assume that this was a rigged fence and not your typical electrical fence for livestock. An electrical fence for livestock would be plugged into 120V, but would produce at least 2,000V at low amperage.
This post was edited on 7/26/17 at 3:34 am
Posted on 7/26/17 at 3:36 am to slackster
quote:
I don't see what the criminal charge could be.
having an electric fence in a residential neighborhood without proper warning. he could have electrocuted the mailman, somebody casually resting on the fence, who knows. unless this dude has cows, there is no justification and he should be liable. that's just fricking crazy.
Posted on 7/26/17 at 4:14 am to Masterag
quote:
having an electric fence in a residential neighborhood without proper warning. he could have electrocuted the mailman, somebody casually resting on the fence, who knows. unless this dude has cows, there is no justification and he should be liable. that's just fricking crazy.
the reason for the fence does not bar criminal or civil culpability. Regardless of the reason he had a duty to anticipate the reasonable consequences intended or unintended which might result.
It may be easier to get a civil judgment than a criminal conviction. Many unanswered questions to resolve.
Posted on 7/26/17 at 4:37 am to McLemore
quote:
There are plenty of fact patterns under which criminal charges could be supported. The first one that comes to mind is neighbor has feud/beef with someone who has trespassed or the like before (just assume it isn't the 7 year old himself--that is too farfetched). Neighbor rigs and cranks up the juice on the fence to a dangerous level.
Armed battery could lie, even against an unintended victim. Even attempted murder. Felony-murder too.
I was about to take apart this atrocity line by line but will instead just say you don't know what the frick you're talking about. You've listed offenses whose elements require specific intent without that remotely being in the fact pattern.
Posted on 7/26/17 at 4:52 am to TSLG
quote:
If they had that fence connected straight to 110 volts, these grounds:
I seem to remember this happening in Concordia parish 35 or so years ago and the homeowner was charged if I remember correctly.
Posted on 7/29/17 at 11:16 pm to emanresu
quote:
specific intent without that remotely being in the fact pattern.
I specifically said I didn't know more about the "fact patterns." There are ways in which the facts revealed at the time of the OP could support every crime I listed. I would suggest you read up on the mens rea requirements for those crimes, what constitutes a felony, and the definition of felony-murder. Or just reply childishly.
Posted on 7/29/17 at 11:19 pm to McLemore
I heard the owner rigged up a electric wire to keep his dog from tunneling out under the fence. Sounds like a home job gone horribly wrong.
Posted on 7/29/17 at 11:29 pm to northshorebamaman
quote:
Criminal electrocuted while running from police after robbery- make jokes
7 year old killed while retrieving ball- not funny
It's sad you have to be told that.
I love it when the OT gets sanctimonious. As if this thread, nestled right above the sex with a stripper thread, makes any difference whatsoever.
Posted on 7/29/17 at 11:40 pm to bencoleman
quote:
If you have enough voltage running through your fence to kill a human being, you damned right you should be criminally liable. Why would this be hard to understand?
This. The average person doesnt expect that touching a neighbors fence would result in death.
Especially not a child. I know that many people are tired of lawsuits ( I am one of them ), but give me a break.
If these people knew that their fence was that strong and could kill a kid, they are terrible people and should be removed from society
This post was edited on 7/29/17 at 11:42 pm
Posted on 7/30/17 at 10:27 am to LakeViewLSU
quote:I think based on what I heard on the radio news was that the kid jumped a wooden fence and on the other side, in the neighbors yard, was the wire hooked up to keep his dog in his property. Had the kid not gone into the neighbors yard over the wood fence...this never happens? Not sure if it changes the liability but I think it was an "accident"
This. The average person doesnt expect that touching a neighbors fence would result in death.
Especially not a child. I know that many people are tired of lawsuits ( I am one of them ), but give me a break.
If these people knew that their fence was that strong and could kill a kid, they are terrible people and should be removed from society
This post was edited on 7/30/17 at 10:27 am
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