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Posted on 1/23/18 at 2:34 pm to JudgeHolden
quote:
§30.1. Second degree murder
A. Second degree murder is the killing of a human being:
(1) When the offender has a specific intent to kill or to inflict great bodily harm; or
And . . .
§31. Manslaughter
A. Manslaughter is:
(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection.
Under Louisiana law, the intent for manslaughter is the same as the intent for second degree murder. What separates the crime is the level provocation and reasonableness of response of the offender.
It has nothing to do with "punching him in head is manslaughter but kicking him on ground is murder."
There is nothing in the reports as to why Ward attacked him. Therefore, it's impossible to start guessing as to the correct charge.
For example, if a father caught someone molesting their child, punched them, and then kicked them in the head killing them, there is no doubt that it would be manslaughter because of the level of provocation and the reasonableness of the response. The state of the victim during the attacking may be evidence but it certainly isn't a determinant.
Posted on 1/23/18 at 2:34 pm to ShreveportHog94
quote:
If you've never been in a street fight in your life then this mindset is completely understandable.
The vast majority of people have never been in a streetfight because they're reasonable people. Not all of these are streetfights either. An Ohio State player vacationing in Florida got sucket punched by a Florida fan a few years ago and nearly died and it effectively ended his football career.
quote:
A Largo man has pleaded guilty to felony battery for assaulting Ohio State football linebacker Tyler Moeller at a bar last summer.
Ralph Gray Decker did not speak at a court hearing today. His attorney, Sean McQuaid, says Decker has always expressed "a sincere level of regret and concern" for Moeller and apologized to Moeller's mother.
The 28-year-old Decker will be sentenced in August. He will pay $11,000 in restitution for Moeller's medical bills.
Moeller, who will play his senior season this fall, was attacked while on vacation with his family. He suffered a fractured skull and a serious brain injury. Moeller, who missed all of last season, has been held out of contact drills but has been participating.
quote:
But according to multiple eye witness reports, Moeller never saw the punch coming and was caught completely off guard by it.
Tyler MoellerPerhaps it does matter whether Decker was provoked into throwing the “sucker punch” or not, but either way, when you see the pictures of Moeller at OSU’s media day with the staples still in his head, and then you see the smiling face of Gray Decker in his misdemeanor mug shot, it’s hard not to be more than a little angered and to want to see justice handed down to Decker. When you see Decker’s felony mug shot, he no longer looks so happy and smug. Perhaps he is finally realizing the severity of what happened and the damage he caused to another human being over something no more trivial than mere words. It’s something to think about the next time any of us find ourselves in a situation where heated words are being exchanged at a bar. You never know how you might alter the lives of those you are fighting with, and you never know the trouble you might find yourself in.
Posted on 1/23/18 at 2:34 pm to EyeTwentyNole
quote:
What if the 60 year old threw the first punch? Serious question what would the law be for that?
Doesnt matter if Garrett knocked him out then kicked him in the head while he laid on the ground
Posted on 1/23/18 at 2:34 pm to lsupride87
quote:
Also, I would hope his friends would knight for him and assume there has to be more to the story. That is kinda what friends and family do........Which is why I never understood why so many people think the "dindu nuthin" thing is so funny or strange
How many people are completely innocent when it comes to being charged with murder?
Posted on 1/23/18 at 2:35 pm to Ed Osteen
quote:
frick if I know man, this thread is all over the place. I think a lot of the argument is about the severities of the charge and whether he intentionally killed him.
No one that I can recall thinks he intentionally killed him. I think most people are leaning towards the idea he intentionally harmed the man and under Louisiana law that can still carry a murder charge given that he died.
Posted on 1/23/18 at 2:35 pm to rondo
quote:
I think a lot of it based on your friend looking like a complete chode.
His mom's facebook has some pics of him looking like the cliche' fratboy, nice looking and confident.
I kinda hate on them kids and envy them at the same time. Hard to explain and harder to admit for many of us haters.
But, his mom is quite attractive. For real.
Posted on 1/23/18 at 2:36 pm to Thib-a-doe Tiger
quote:
How many people are completely innocent when it comes to being charged with murder?

Posted on 1/23/18 at 2:36 pm to EyeTwentyNole
quote:
What if the 60 year old threw the first punch? Serious question what would the law be for that?
The law would be that once you put him down and he's no longer a threat you cease to harm him or you face the consequences.
Posted on 1/23/18 at 2:37 pm to Thib-a-doe Tiger
I haven’t once said he’s innocent and haven’t seen anyone else say that. I said he’s always been a good friend to me and hated that this happened.
If you told him earlier that night he was going to beat someone to death he would have bet you everything he owned. He made a mistake and a pretty big one at that
If you told him earlier that night he was going to beat someone to death he would have bet you everything he owned. He made a mistake and a pretty big one at that
Posted on 1/23/18 at 2:38 pm to VABuckeye
quote:
The law would be that once you put him down and he's no longer a threat you cease to harm him or you face the consequences.
Non-determinant between second degree murder and manslaughter.
Also, no completely out-of-the-realm of continued self-defense. It depends on the circumstances.
Posted on 1/23/18 at 2:38 pm to Ed Osteen
And it’s prob time I leave this thread as it’s personal and not everyone will agree with me
Posted on 1/23/18 at 2:38 pm to Thib-a-doe Tiger
quote:
How many people are completely innocent when it comes to being charged with murder?

Posted on 1/23/18 at 2:39 pm to mikelbr
Sad situation all around. The loss of life is obviously tragic and the details known thus far are appalling (if true). This kid's life is forever changed, all because of an incident he probably can't fully remember (not an excuse, I know). Very sad.
Posted on 1/23/18 at 2:40 pm to VABuckeye
And that may have happened. It may not have. We will see. The fact that people think kicking someone in the head during a street fight is the worst thing lets me know they have never fought a day in their lives.
Posted on 1/23/18 at 2:40 pm to Antonio Moss
quote:
not completely out-of-the-realm of continued self-defense. It depends on the circumstances.
How so if he's no longer a threat?
Posted on 1/23/18 at 2:40 pm to Covingtontiger77
quote:
Arnold Jackson
It takes Diff’rent Strokes to move the world, yes it does
It takes Diff’rent Strokes to move the worrrrrld
Posted on 1/23/18 at 2:42 pm to VABuckeye
quote:
Will be interesting to see the 180 this thread does if the witnesses names are released, and their names are Jonesha'qa and Monesha'la and Arnold was indeed a black man himself
I know exactly what block this happened on. It's an interesting part of New Orleans. Technically Lower Garden District but close to Central City. Next to two hotels that are nice, close to 5-6 restaurants and a convenience store. Also across the street from the most famous black nightclub (I don't know what else to call it, but except when Tulane has an event there, their cientale is 99 percent black). It's an area with panhandlers in the daytime because there is a lot of foot traffic and affluent people, but it isn't an overly residential area.
At night, especially late night, the main people who will see anything are the valet and security people at the Pontchartrain Hotel and the Clarion, as well as the employees of the convenience store, as well as all of the people leaving the expensive bar at the top of the Ponch and depending on the night, people at the black nightclub (Eiffel).
In general, I would say those types of witnesses, if sober or close to it, are very reliable.
Posted on 1/23/18 at 2:42 pm to ShreveportHog94
quote:
And that may have happened. It may not have. We will see
Agreed.
quote:
kicking someone in the head during a street fight is the worst thing
It's up there.
Posted on 1/23/18 at 2:43 pm to VABuckeye
quote:
How so if he's no longer a threat?
Temporary unconsciousness doesn't automatically mean not a threat.
If someone robs you at gunpoint and you knock them out and then kick them twice, no jury in America is going to convict you. An armed perpetrator will still be considered dangerous even if knocked out temporarily.
Not saying that this is what happened in the current case but self-defense is a fact-intensive process and you can't try to make broad-based rules to cover different situations.
This post was edited on 1/23/18 at 2:45 pm
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