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WPBTiger
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Ronald Gasser can't be retried for murder in Joe McKnight killing, state Supreme Court say

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quote:

Ronald Gasser, the motorist convicted in 2018 of fatally shooting former NFL player Joe McKnight during a Terrytown road rage encounter, cannot be prosecuted a second time for murder when his case is retried, according to a ruling released Wednesday by the Louisiana Supreme Court.

Gasser, convicted by a 10-2 jury vote on the lesser charge of manslaughter, had challenged a decision by the Jefferson Parish District Attorney's Office to retry him on the original second-degree murder charge after his conviction was overturned in 2020.

Gasser was granted a new trial after the U.S. Supreme Court issued a ruling in 2020 making split verdicts illegal.

In an opinion penned by Justice Jay McCallum, the state Supreme Court ruled that Gasser's manslaughter conviction operated as an implied acquittal of the more severe charge of second-degree murder.


quote:

As of Wednesday, Gasser was in custody at the Elayn Hunt Correctional Center in St. Gabriel.

"We're going to go back to the district court in the next few months, presumably, to start a trial for manslaughter," Ciolino said.


SelaTiger
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So he should have been charged with manslaughter to begin with. They messed up.


rt3
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I imagine this will have implications for the guy who killed former New Orleans Saints DE Will Smith too


GumboPot
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Explain this too me like I drive a souped-up 2001 Honda Civic with a high performance exhaust package.


notsince98
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KC, MO
Member since Oct 2012
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quote:

Explain this too me like I drive a souped-up 2001 Honda Civic with a high performance exhaust package.


Since he was previously found guilty of manslaughter, the court rules this implies he was found innocent on the charge of murder. Since he was tried and found innocent, double jeopardy means he cannot be tried for murder again.


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rt3
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now in the piney woods of Pineville
Member since Apr 2011
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quote:

Explain this too me like I drive a souped-up 2001 Honda Civic with a high performance exhaust package.

State charged Gasser with 2nd degree murder

10 of the 12 jurors found him guilty of the lesser manslaughter charge

SCOTUS says non-unanimous verdicts are unconstitutional

State wants to try Gasser again

SCOLA says "well... b/c the original case ended in guilty on a lesser charge... he's already been acquitted of 2nd degree murder... so you can't try him again on that charge"

ETA: and stop stealing BHP's gimmick
This post was edited on 6/29 at 4:49 pm


KiwiHead
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Auckland, NZ
Member since Jul 2014
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Ronald Gasser is a neurotic guy who got pissed off because Joe McKnight cut him off on the CCC. He then followed McKnight throughout the West Bank.
McKnight was tired of being followed, etc and he got out of his car and moved towards Gasser. Gasser then shot him. Jury convicts Gasser of manslaughter by a 10 -2 score.


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Cosmo
Houston Astros Fan
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Same as Zimmerman

If the DA hadnt been trying to make a woke statement he probably could have got Zimmerman on manslaughter

But that wasnt good enough for wokestars


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keakar
Member since Jan 2017
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quote:

I imagine this will have implications for the guy who killed former New Orleans Saints DE Will Smith too


yep, anytime they wave the larger charge and convict on the lesser charge its implied as not guilty of that and double jeopardy applies

it sucks but it is how the DJ rule is applied

with any luck he gets even more time after being convicted again for the same charge but they way things are today i dont expect to see much justice from courts any more
This post was edited on 6/29 at 4:47 pm


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AggieHank86
Texas A&M Fan
Texas
Member since Sep 2013
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With no background not included in the OP, sounds like a pretty clear double jeopardy case. Not even a complex one.
This post was edited on 6/29 at 4:44 pm


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Tiger Prawn
Member since Dec 2016
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quote:

Explain this too me like I drive a souped-up 2001 Honda Civic with a high performance exhaust package.

He was charged and tried for murder. Jury found him guilty on the lesser charge of manslaughter, which means he was essentially acquitted on the more serious murder charge.

But it wasn't a unanimous jury (Louisiana used to only require 10 of 12 jurors to convict), but that was changed on a state constitutional amendment a few years ago. Now a conviction requires a unanimous jury. Supreme Court made that change apply retroactively to previous guilty verdicts that weren't unanimous.

So the non-unanimous conviction was overturned. He can't be retried on the murder charge since the state Supreme Court said that the jury convicting him of a lesser charge implied an acquittal on the more serious murder charge. But the prosecutors can still retry him on the manslaughter charge.


jimmy the leg
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quote:

So he should have been charged with manslaughter to begin with. They messed up.


I fear that Derek Chauvin may have been charged incorrectly. IIRC, 3rd degree didn’t need intent to be a part of the charge, 2nd degree did. I’m going off of memory though, and the law isn’t my forte. Perhaps someone more familiar could enlighten me concerning this.


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GumboPot
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quote:

ETA: and stop stealing BHP's gimmick



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rt3
LSU Fan
now in the piney woods of Pineville
Member since Apr 2011
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maybe I'm getting soft in my old age... but I'm starting to get to the point where I believe 'lesser included' shouldn't be a thing

prosecutors should bring the charge they think they can convict on and it's all or nothing


SammyTiger
LSU Fan
Baton Rouge, LA
Member since Feb 2009
56683 posts
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I’m fine with charging him and letting the jury decide. This has more to do with double jeopardy than whether original charges were good enough to bring.



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keakar
Member since Jan 2017
22602 posts

quote:

maybe I'm getting soft in my old age... but I'm starting to get to the point where I believe 'lesser included' shouldn't be a thing

prosecutors should bring the charge they think they can convict on and it's all or nothing


i think it all has to do with D J

the jury can find you guilty of less then they charged you with but if acquitted for the serious charge, like murder, then they cannot retry you for manslaughter, and then if they lose, go down to each lesser charge, until they finally get a conviction, that at its core, is what D J is there to prevent
This post was edited on 6/29 at 5:06 pm


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