Why am I Mr. Pink? Posted March 28, 2017 Share Posted March 28, 2017 4 minutes ago, Gamebreaker said: Yeah, but in this case, a more appropriate example is guy goes into a store with fake gun, store clerk pulls out a shotgun and blows him away.....guy waiting in the car gets charged with murder. In your scenario the innocent victim is dead. In this scenario, the guilty culprit is dead. I guess what I'm trying to say is the store clerk didn't commit murder, by law, and therefore the driver isn't guilty of murder either. An offender commits first-degree murder if he, or any other person kills a human as a result of the commission (or attempted commission) of the crimes listed above. ---- The statue only requires if "any other person kills a human" ... here a person killed 3 humans as a result of an armed robbery. The statue doesnt require the killing to be done in furtherance of the crime ... only as a result of the crime. I agree with you, it is over prosecution and she will plea but a good faith argument can be made to at least charge her. Link to comment Share on other sites More sharing options...
Gamebreaker Posted March 28, 2017 Share Posted March 28, 2017 7 minutes ago, Why am I Mr. Pink? said: Felony Murder: Taking the life of a human during the commission (or attempted commission) of one of the following crimes: murder, shooting a firearm with the intent to kill, intentionally discharging a firearm into a building, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, first-degree burglary, first-degree arson, unlawful distribution of a controlled dangerous substance, or trafficking in illegal drugs. An offender commits first-degree murder if he, or any other person kills a human as a result of the commission (or attempted commission) of the crimes listed above. Oklahomas Felony Murder statute. It is 1st degree murder and punishable by death. Emphasis is original and not mine. Spirit of the Felony Murder rule is that a criminal should be held accountable for any death that comes as a result of the felony. example - guy is robbing cashier with gun, stock boy in back sees it and fires a shot gun but misses the criminal and kills the cashier. Criminal is charged with 1st degree Felony Murder. Stock boy fires gun, misses criminal and cashier, goes through window and kills pedestrian = criminal charged with Felony Murder. Stock boy shoots gun, sound causes a customer using bathroom and doesnt even know store is being robbed to die of heart attack = criminal charged w Felony Murder. edit - link http://statelaws.findlaw.com/oklahoma-law/oklahoma-first-degree-murder.html Im sure Felony Murder will be dropped and she will plea out. I see your point now. I guess this makes sense by law. Link to comment Share on other sites More sharing options...
skinsmarydu Posted March 28, 2017 Share Posted March 28, 2017 1 minute ago, twa said: They are not absolved (just obviously not worth charging them ) their estates can be sued though and held liable (if they actually had anything) People who are robbing other people usually don't have an "estate", and that's worth noting. Now on to the specifics: And felony murder is pretty much defined as "a death occuring in the commission of another felony"...which I don't know that intent can be proven in this case...B&E is a misdemeanor, and theft is minor (not "grand") unless it exceeds $500 in most states...and obviously, nothing was stolen. Carrying a weapon? Not a felony in this case, unless intent to harm can be proven. Only people harmed were the perps. Just as a PD, I'd throw a couple motions out there into the wind...but we all know judges ain't havin' it. You're armed in a stranger's home, you get what's comin'. Link to comment Share on other sites More sharing options...
LeesburgSkinFan Posted March 29, 2017 Share Posted March 29, 2017 She wasn't just the getaway driver; she planned and organized the robbery. Link to comment Share on other sites More sharing options...
Riggo-toni Posted March 29, 2017 Author Share Posted March 29, 2017 5 hours ago, TryTheBeal! said: That was in the middle of the night with a newborn and a woman in the house. This was a daylight B&E with two armed grown men in the house. It's totally different and we all know that. Ah ok...defending your girlfriend is noble, but defending your father is shameful. Burglars in the dark of night are nefarious, but masked men that break in during daylight hours with brass knuckles and knives are merely benign pranksters. So totally different... Link to comment Share on other sites More sharing options...
TheGreatBuzz Posted March 29, 2017 Share Posted March 29, 2017 6 hours ago, TryTheBeal! said: Am I to understand that you believe these kids were "given a chance" to flee and decided to take on the armed father & son instead? Cause there's no way that happened. That was in the middle of the night with a newborn and a woman in the house. This was a daylight B&E with two armed grown men in the house. It's totally different and we all know that. Are you saying the genders play a factor in how they should have reacted? #equalitywhenitsuitsus Link to comment Share on other sites More sharing options...
TradeTheBeal! Posted March 29, 2017 Share Posted March 29, 2017 Well, at least we've moved on from frolicking among the corpses of teenagers like bloodthirsty ghouls. That's good progress! Link to comment Share on other sites More sharing options...
Kosher Ham Posted March 29, 2017 Share Posted March 29, 2017 Good. Got what they deserved. Freakin' idiots. Link to comment Share on other sites More sharing options...
Spaceman Spiff Posted March 29, 2017 Share Posted March 29, 2017 Odd that we're having this debate on a Redskins message board, a team where one of our best and most beloved players was killed by home intruders. If there's one thing I thought we'd all be able to unite on, it might have been this. Good, **** 'em. Got what they deserved indeed. Link to comment Share on other sites More sharing options...
nonniey Posted March 29, 2017 Share Posted March 29, 2017 10 hours ago, Riggo-toni said: Three teenagers who broke into a home in Oklahoma were killed by the homeowner's son firing an assault-style AR-15, say police. "They were dressed in black, all had masks on, and all had gloves on," Deputy Nick Mahoney told reporters. The intruders - who police say were armed with brass knuckles and a knife - were shot by a 23-year-old man in an act of "self-defence", officers said. The son may not face charges due to so-called stand your ground laws. "This may be a case of 'stand-your-ground,' however, it's still too early to say for sure, and we're still looking into all aspects of this," Mr Mahoney told local media. https://news.google.com/news/amp?caurl=http%3A%2F%2Fwww.bbc.co.uk%2Fnews%2Famp%2F39413376#pt0-115195 I don't get how they even need stand your ground to justify this - they broke into his home wearing masks for hell's sake. I only wish this guy could have been protecting Sean Taylor's house. Well it is the BBC reporting. Remember you really aren't allowed to legally defend yourself in the UK (or it is a much stricter hurdle) they have sent people to jail for killing (or even assaulting) home invaders (even ones that assaulted them with deadly weapons) there. Link to comment Share on other sites More sharing options...
Bang Posted March 29, 2017 Share Posted March 29, 2017 They asked for it. The law is clear and just. Too bad for them. Should have stayed home and studied. ~Bang Link to comment Share on other sites More sharing options...
MEANDWARF Posted March 30, 2017 Share Posted March 30, 2017 On 3/28/2017 at 3:04 PM, TryTheBeal! said: Am I to understand that you believe these kids were "given a chance" to flee and decided to take on the armed father & son instead? Cause there's no way that happened. Father was not there according to the article. Words were exchanged therefore there was opportunity to run. Burglars chose the wrong house. If they weren't there, none of this would have happen. Link to comment Share on other sites More sharing options...
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