Thread: Ferguson, MO
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Old 11-25-2014, 01:32 AM
aephi alum aephi alum is offline
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Quote:
Originally Posted by PiKA2001 View Post
Involuntary manslaughter? How? He wasn't speeding and then hit someone riding a bike. He discharged his weapon in self defense while conducting official police business. Whether you feel it was justified or not, involuntary manslaughter is a charge that can't be brought up given the circumstances.
Per findlaw.com:

Quote:
Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter:

- Someone was killed as a result of act by the defendant.
- The act either was inherently dangerous to others or done with reckless disregard for human life.
- The defendant knew or should have known his or her conduct was a threat to the lives of others.
Points 1 and 3 are clear: Someone was killed, and the defendant knew that firing his gun was a threat to someone's life. Point 2 is a bit hazier. Wilson didn't shoot with "reckless disregard for human life", but his actions could be considered "inherently dangerous".

That said, I don't know why the grand jury was even asked to consider Murder 1. That is "an unlawful killing that is both willful and premeditated" - again per findlaw.com.
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