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There's nothin' better than spirited discussion...
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Posted by turrbo [Email] (#8) [Profile/Gallery] (more from turrbo) on Sat, 16 Jul 2005 23:05:46 Share Post by Email
In Reply to: I quote your post in its entirety...., Dave in Houston, Sat, 16 Jul 2005 19:03:28
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I love it myself!

Anyway, I believe that neither chasing nor beating up the kids was an "appropriate and expected response under the circumstances." Those guys should have kept their asses in the car, driven away, and maybe thrown the finger while doing so.

However, to charge them with manslaughter seems extreme to me. I'm sure the aholes didn't knowingly chase the kids out to the street in order for them to get killed. Yes, they should get charged with assault and probably some other stuff too, but manslaughter is a bit much IMHO.

The crime here does indeed fit every legal definition of what manslaughter is, but I'd venture a guess that the case won't hold up in court. I don't know the precedents, but chasing someone that tried to hurt you or damage your property (the defense will most likely take that stand) into traffic where they are accidently killed probably won't substantiate a manslaughter charge. Technically the kids could have been charged with bad stuff too, assault, assault with a weapon, even attempted homicide if you wanna reach a bit.

As for your example, if you shot your neighbor with your Glock (haha do you actually have a Glock?) because Fido took a dump in your yard, you would be charged with first degree murder, with the possibility of second degree for a guilty plea. Your neighbor did nothing to harm you, only the sight of a big crap ruining your manicured lawn. The neighbor really isn't at fault. Now if HE was the one who defecated on your lawn, then you'd have some problems!

Haha I'm getting way too into this. Can you tell I'm the son of a lawyer?


Take care,
Pete

_______________________________________ ¯_(ツ)_/¯ -turrbo My babies: 1995 9000 Super CS 2001 9-3 SE Convertible (gone but still in the family) 2004 9-3 Aero Convertible (sold but in good hands) 2007 9-3 Aero SS 2008 9-3 Aero Convertible


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