Is this not murder?

[Goober]

Is this not murder - If you drive a car at people it is reasonable to believe that people will be injured or killed. That in my opinion makes it when death occurs murder,not manslaughter, not negligence, not any lesser crime but it should be classed as murder.


Witnesses tell of night they were run off the road

Two young men have testified a late-night road-rage incident turned deadly after a truck ran them off the road, then returned to run down their friend.

Samuel Dooley, 23, and Luke Stephen, 25, said they were run off a desolate, dark road after trying to pass a truck that was braking. Their vehicle flipped into the ditch and when they got out to survey the damage, the truck returned, slamming into passenger Silas O'Brien, who died at the scene as his lifelong friends tried to revive him.

Many of Mr. O'Brien's family members and friends were in New Westminster Supreme Court on Monday for the trial of Brent Donald Parent, who is facing charges of criminal negligence causing death in the alleged road rage case.

Mr. Parent has pleaded not guilty.

 

[DurkaDurka]

The fact that he turned around to take another run at occupants of the truck would demonstrate premeditation on his part, he should be up on second degree murder charges in my opinion.

 

[lone wolf]

There's got to be a lot more to that story....

 

[EagleSmack]

The fact that he turned around to take another run at occupants of the truck would demonstrate premeditation on his part, he should be up on second degree murder charges in my opinion.

Second degree? I'd say first degree IMO.

 

[Goober]

There's got to be a lot more to that story....

I am sure there will be. But if he turned around and used his vehicle and directed that at pedestrians then he is guilty. What can excuse that - Bad day, perhaps a mental disability - if the latter then he should not have been permitted to drive.

 

[lone wolf]

I really don't like sharing roads with any idiot that flies off the handle and wheels become weapons ... but I've been known to cuss out their cars once in a while.

If they're that easy-fired, that's fightin' talk.....

 

[DurkaDurka]

Second degree? I'd say first degree IMO.

He'd probably claim it was "spur of the moment" etc etc, which would fall under second degree charges I believe.

 

[IdRatherBeSkiing]

The fact that he turned around to take another run at occupants of the truck would demonstrate premeditation on his part, he should be up on second degree murder charges in my opinion.

Premeditation = First Degree Murder
Intent with no premeditation = Second Degree Murder
No intent = manslaughter.

Not sure what makes the lesser charges. Not sure why the DA did not go for the 1st degree charge.

 

[lone wolf]

I think I said it before in these Forums.... If you want to kill someone, do it in a car....

 

[JLM]

There's got to be a lot more to that story....

Not much, there was a pretty full report at the time. The guy is an asshole! :smile:

I think I said it before in these Forums.... If you want to kill someone, do it in a car....

The problem with that is you might lose your drivers license for awhile.

Premeditation = First Degree Murder
Intent with no premeditation = Second Degree Murder
No intent = manslaughter.

Not sure what makes the lesser charges. Not sure why the DA did not go for the 1st degree charge.

With this guy I think a noose should be unintentionally placed around the guy's neck and the slack unintentionally taken up.

 

[lone wolf]

...by his own vehicle....

 

[IdRatherBeSkiing]

The problem with that is you might lose your drivers license for awhile.

The shame!

With this guy I think a noose should be unintentionally placed around the guy's neck and the slack unintentionally taken up.

And the slack taken up rather abruptly.

I don't see how this is not Murder 1. If in the process of running him off the road he killed the guy, then yes vehicular mansaughter. But he came back! How did he not plan this? Another case that makes me shake my head at the 'justice' system.

 

[wulfie68]

OK from reading this, it sounds like it should be 2nd degree murder. The premeditation part means "well in advance" not just spur of the moment. The only reason that I can think of (and I am not a lawyer so take this for what its worth) is that the prosecutors feel that the leser charge is a guarantee whereas the driver might create reasonable doubt on the more serious charge(s).

 

[lone wolf]

I haven't seen anything prior and Parent didn't speak in his own defense. That tells me either he feels remorse and ready to take his lumps - or he's a complete butthole whose lawyer advised him to shut up or he'd sink himself. Whitehorse paper (in lieu of a search through old Googified headlines) says he's clean (maybe just not caught) prior.

http://whitehorsestar.com/archive/story/charges-filed-10-months-after-ex-yukoners-death/

Deal. I hope he doesn't get to play some trauma game....

 

[Nuggler]

............There are strange things done neath the midnight sun...........

 

[IdRatherBeSkiing]

I haven't seen anything prior and Parent didn't speak in his own defense. That tells me either he feels remorse and ready to take his lumps - or he's a complete butthole whose lawyer advised him to shut up or he'd sink himself. Whitehorse paper (in lieu of a search through old Googified headlines) says he's clean (maybe just not caught) prior.

Whitehorsestar.com - Charges filed 10 months after ex-Yukoner’s death

Deal. I hope he doesn't get to play some trauma game....

I think it boils down to intent. He would say he just wanted to 'scare' the boys not kill. Without intent, even with premeditation, its not Murder 1 or 2. With this charge they don't have to prove intent.

 

[lone wolf]

I think it boils down to intent. He would say he just wanted to 'scare' the boys not kill. Without intent, even with premeditation, its not Murder 1 or 2. With this charge they don't have to prove intent.

That's my guess....

Someone like that has probably fibbed a time or two and got away with it in the past.

 

[EagleSmack]

I think I said it before in these Forums.... If you want to kill someone, do it in a car....

Hey do you remember the clip of the wife running over her husband over and over because he went fishing!

He'd probably claim it was "spur of the moment" etc etc, which would fall under second degree charges I believe.

Yes, 2nd Degree would probably make more sense (so to speak). It is probably easier to prove.

 

[IdRatherBeSkiing]

Yes, 2nd Degree would probably make more sense (so to speak). It is probably easier to prove.

I think the intent makes it hard. There is no doubt he went back there -- premeditation. But if you can't prove he intended to kill him (the crux of 1st or 2nd degree murder charges), he walks free.

 

[Goober]

I think the intent makes it hard. There is no doubt he went back there -- premeditation. But if you can't prove he intended to kill him (the crux of 1st or 2nd degree murder charges), he walks free.

They can lay 1st degree and the Judge can instruct the jury that they can find him guilty of a lesser count.