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by C-dub
Fri Dec 21, 2012 9:01 pm
Forum: The Crime Blotter
Topic: Murder or self defense?
Replies: 14
Views: 1547

Re: Murder or self defense?

baldeagle wrote:When someone is killed during the commission of a crime, if the person killed is one of the parties that is involved in the crime, the person committing the crime is guilty of murder. So, since the man in the car was committing a crime, the woman in the car became an accessory to the crime. When the woman died as a result of the actions evolving from the crime, the man in the car becomes the actor charged with her death.

For example, three kids are riding in a car. One of the kids gets involved in a drug deal. The deal goes south, the kid draws his weapon, and the other party to the drug deal then draws his and shoots. If one of the kids in the car dies as a result, the kid involved in the drug deal will be charged with that kid's death.

The shooter could also be charged, depending upon the facts of the case, but the husband is guilty already merely by having been the person who precipitated the events that led to her death.

That's my non-lawyerly take on the law.
I think you are correct, but the question that remains is whether or not the husband actually committed a crime. He probably did, but the question is still there.
by C-dub
Fri Dec 21, 2012 8:07 pm
Forum: The Crime Blotter
Topic: Murder or self defense?
Replies: 14
Views: 1547

Re: Murder or self defense?

zero4o3 wrote:
C-dub wrote:The person being chased gets out of the car and runs into the house and the person he's running from does not chase him into the house, right? Then another person not involved in the original issue comes out with a gun. He claims self defense and that the other guy, the husband of the deceased, fires first and just returns fire in self defense killing the passenger. I can see where the husband will claim self defense and that he only shot first because someone was coming at him with a gun. I don't think this is going to turn out very well for the 20 year old brother that shot the woman.
I dont think it will either, but just playing devils advocate,

If your brother was running towards your house yelling that he was being shot at and you looked past him and saw a man holding a gun, would you not open fire? Couldnt the husband be charged with the wifes death if he did initiate the altercation?
If my brother is safe inside then I just call the police. How many times have we talked about the tactical error of going out looking for trouble. Let trouble come to me if it wants to. I'm ready.

It'll be interesting to see how this turns out. I guess it could go either way.
by C-dub
Thu Dec 20, 2012 8:06 pm
Forum: The Crime Blotter
Topic: Murder or self defense?
Replies: 14
Views: 1547

Re: Murder or self defense?

The person being chased gets out of the car and runs into the house and the person he's running from does not chase him into the house, right? Then another person not involved in the original issue comes out with a gun. He claims self defense and that the other guy, the husband of the deceased, fires first and just returns fire in self defense killing the passenger. I can see where the husband will claim self defense and that he only shot first because someone was coming at him with a gun. I don't think this is going to turn out very well for the 20 year old brother that shot the woman.

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