Man, 20, accused of scaring senior to death

[Praxius]

Man, 20, accused of scaring senior to death - Nova Scotia News - TheChronicleHerald.ca

RALEIGH, N.C. — Larry Whitfield was on foot, his getaway car wrecked, his rookie attempt at robbing a bank thwarted by a set of locked doors. Looking for a place to hide, police say, he found himself inside the home of a frightened old woman.

There’s no evidence Whitfield ever touched 79-year-old Mary Parnell. Authorities say he even told the grandmother of five he didn’t want to hurt her, directing her to sit in a chair in her bedroom. But investigators have no doubt he terrified her so much that she died of a heart attack.

Now Whitfield, a 20-year-old with no prior criminal record, is charged with first-degree murder in a case in which he is accused of literally scaring a person to death.

"He could’ve avoided all this by turning himself in, and life would’ve went on for Mrs. Parnell," said Capt. Calvin Shaw of the Gaston County Police Department, which handled the investigation into her death last fall.

Under a legal concept known as the felony murder rule, it’s not uncommon for prosecutors to bring a murder charge against a defendant who doesn’t intentionally harm a victim. The rule exists in some form in every state and lets authorities bring murder charges whenever someone dies during a crime such as burglary, rape, or kidnapping.

"If you’re committing any of those offences and a person dies, that’s first-degree murder," said Locke Bell, Gaston County’s district attorney and the prosecutor in Whitfield’s case.

Not so in Canada, said Alan Young, a lawyer and professor at York University’s Osgoode Hall Law School.

"In Canada . . . the bottom line is this: You cannot call something murder without subjective foresight of death," Young said.

"The person charged has to have been aware of the likelihood, or certainty, of death from their actions. No accidents can ever be called murder in Canada — they have to be manslaughter."

1st degree murder from scaring someone to death.... and not on purpose? That's just silly.

"He could’ve avoided all this by turning himself in, and life would’ve went on for Mrs. Parnell,"

^ For how long? a week? jeez..... I admit the guy should be charged for the crimes he has done, but with no previous records and actually trying to calm the lady down in such a situation, telling her he doesn't want to hurt her and go into her bedroom where she would be safe.... to me, that doesn't sound like 1st degree murder and is pretty harsh.

 

[Tyr]

How about....

90 yr old passes on the right (on the Trans Canada) and scares everybody to death

 

[karrie]

I agree the guy needs punishment, but I agree Prax, they're reaching WAY too far with 1st degree.

 

[EagleSmack]

Maybe they are trying to get a plea from the guy. Being indirectly responsible for the death of an old lady in the course of a crime isn't going to sit well with a jury. The DA may be just sweetening up a plea bargain...

"Plead guilty to 2nd Degree or risk Life W/O Parole"

 

[L Gilbert]

Manslaughter, for sure.
But the charge will likely be reduced and if not the kid will probably get a light sentence and only serve a little time out of the sentence.

 

[Praxius]

Maybe they are trying to get a plea from the guy. Being indirectly responsible for the death of an old lady in the course of a crime isn't going to sit well with a jury. The DA may be just sweetening up a plea bargain...

"Plead guilty to 2nd Degree or risk Life W/O Parole"

Man, that law blows.