Pete Posted December 13, 2007 Share Posted December 13, 2007 Didn't find anything on this Local TV news is reporting that Hunte is lookin to plea his way out of a serious sentance, and testify against the other three dirt bags in the ST case. They said he's looking to escape the death sentance. Now, from what I gather, because the shooter is under age he cant be sentanced to death, so the others have little chance of getting that sentance, and Hunte could get off really light by copping a plea. Link to comment Share on other sites More sharing options...
DGreenistheBest Posted December 13, 2007 Share Posted December 13, 2007 I don't see how they can be charged with anything but 2nd degree, which doesn't carry a possible death sentence. As far as I can tell, there's no evidence of premeditation in this crime. Link to comment Share on other sites More sharing options...
Riggo-toni Posted December 13, 2007 Share Posted December 13, 2007 Felony murder - premeditated is irrelevant (legally). What happened to the supposed 5th person involved? Link to comment Share on other sites More sharing options...
REDSKYNYRD Posted December 13, 2007 Share Posted December 13, 2007 I don't see how they can be charged with anything but 2nd degree, which doesn't carry a possible death sentence. As far as I can tell, there's no evidence of premeditation in this crime. When you carry a gun to break into a house, I see that as premeditation to use it. Link to comment Share on other sites More sharing options...
OxonHillSkinsFan89 Posted December 13, 2007 Share Posted December 13, 2007 Is he the one who's mother tried to say that he was with her all night? Link to comment Share on other sites More sharing options...
Pookie Posted December 13, 2007 Share Posted December 13, 2007 Is he the one who's mother tried to say that he was with her all night? No, that was the Mitchell kid. Link to comment Share on other sites More sharing options...
Dondrae474 Posted December 13, 2007 Share Posted December 13, 2007 Riggo is correct- they can be charge with felony murder and the state can seek the death penalty Link to comment Share on other sites More sharing options...
Forehead Posted December 13, 2007 Share Posted December 13, 2007 Wasn't Hunte the one that supposedly wasn't in the house, was just driving the car? I thought I read somewhere that only three of them went inside, and he was the 4th. If I'm remembering correctly (not often) then he'd have a chance to get off really easy, especially if he rolls over on the other three. I don't know how I'd feel about that. Obviously, Rivera is the big fish I want to fry, but I don't think I'd much care for this guy walking too easy. Link to comment Share on other sites More sharing options...
ThePreciating Posted December 13, 2007 Share Posted December 13, 2007 Premeditation doesn't matter when it's felony murder. Bringing a loaded gun to a burglary presupposes premeditation. Link to comment Share on other sites More sharing options...
ddub52 Posted December 13, 2007 Share Posted December 13, 2007 I don't see how they can be charged with anything but 2nd degree, which doesn't carry a possible death sentence. As far as I can tell, there's no evidence of premeditation in this crime. I still dont know how people can keep saying this. If the shooter broke into the house, was carrying a gun, and shot Taylor how can they say for sure that it was not premeditated? He brought the gun in order to shoot if someone was there. He had the choice to shoot, or not shoot. He shot and obviously thought of doing so before he went in the house. If he did not think about it, then he wouldnt have brought the gun in the first place Link to comment Share on other sites More sharing options...
mrcunning15 Posted December 13, 2007 Share Posted December 13, 2007 It seems like this kid, will prolly get off the easiness just b/c he is playing the whole "I was just the driver and my friends told me we were going out to a party or something like that" story. Out of the whole bunch he seemed to be the most creditable one just b/c he didn't have a suspended lincese like the other kids which shows that he was at least somewhat staying out of trouble. If his story is true that really sucks and what POS friends those kids are. Link to comment Share on other sites More sharing options...
ddub52 Posted December 13, 2007 Share Posted December 13, 2007 Felony murder - premeditated is irrelevant (legally). What happened to the supposed 5th person involved? From what I have heard from someone who knows the kids involved, Sasha Johnsons boyfriend was the 5th person involved. They even think he was the shooter. I think that has been said somewhere here, but I was just adding info that Ive heard, which Im sure will not be taken as valid Link to comment Share on other sites More sharing options...
MadMonkey Posted December 13, 2007 Share Posted December 13, 2007 The way the law is interpreted in Fla which was posted here dozens of tims is, that it does not matter if the crime was premediated when death occurs during the commission of burglary or armed robbery, the sentence for this crime life or death Link to comment Share on other sites More sharing options...
Mr. S Posted December 13, 2007 Share Posted December 13, 2007 right felony murder, basically committing murder while doing another felonious crime, such as burglary, or aggravated burglary because he possessed a gun, and ended up breaking into a house where people were staying at the time. Shooter is facing a long time regardless, but I don't think any of these kids deserve the death sentence, unless they really wanted to kill Taylor. I still believe it was a "lucky shot", until proven otherwise. However, i want them to spend a good amount of time in jail. SHoot, they probably face a better life in jail then they do cause it looks like none of them were going to do anything with their lives anytime soon. Link to comment Share on other sites More sharing options...
rlt2622 Posted December 13, 2007 Share Posted December 13, 2007 I don’t want these punks to get the death penalty. I want them to sit in a prison cell, day in and day out. I want them to wake up everyday wishing they were dead. I want them to hurt just like ST’s fiancé and his daughter is hurting. The death penalty is too easy. I would want death if I had to stay in a prison cell 23 hours a day for the rest of my life. Link to comment Share on other sites More sharing options...
Mackdaddydean Posted December 13, 2007 Share Posted December 13, 2007 When you carry a gun to break into a house, I see that as premeditation to use it. You have to prove intent. If i carry a gun into a bar and then hang out a while and then get into a fight and then pull my gun and kill the guy, its not premeditated just cause i had the gun from the beginning. I didn't go to the bar intending to kill. Get it? Just cause they were robbing a house with a gun on their person doesn't mean they were intending to go murder someone. Intent is the key. All that being said, I'm not saying it WASN'T premeditated, just that it takes more than possession to prove that. Link to comment Share on other sites More sharing options...
Russell Shotgun Posted December 13, 2007 Share Posted December 13, 2007 Just goes to show you what's wrong with this thug culture that's taken over the youth in this country. They think it's cool to break the law, deal drugs, and now they've killed someone. All their so-called loyalty to their "boys" means nothing as they race to see who can flip on the others first. Just like in the Vick case. It's really just sickening. 5 young men will either get executed or face life in prison, and one man is dead, leaving behind his devastated family. And for what? I blame the parents. As soon as these kids got in trouble, they should have put those kids under lockdown or forced them into military school. Too many parents are complacent about their kids' actions or are comitting crimes themselves. I really wish the State would step in when a young kid gets multiple convictions. I wouldn't mind at all if the State was allowed to force them into military school or enrollment. Might straighten them out or solve reqruitment problems. Link to comment Share on other sites More sharing options...
Russell Shotgun Posted December 13, 2007 Share Posted December 13, 2007 You're wrong MackDaddyDean - with Felony murder, you DON'T have to prove intent. Felony murder has been used to obtain first degree murder convictions when a cop dies by friendly fire during a manhunt for a suspect. As long as the death occurred as a result of some predicate felony (usually a dangerous felony, like rape, arson, BURGLARY, etc.), the suspects who committed that underlying felony can be charged with first degree murder. Basically, the commission of the underlying felony itself presumes that the defendant is acting recklessly with extreme indifference to the value of human life - the necessary mens rea (mental state) for a first degree murder charge. So when a person dies as a result of that felony, they can be charged with murder. Link to comment Share on other sites More sharing options...
ddub52 Posted December 13, 2007 Share Posted December 13, 2007 You have to prove intent. If i carry a gun into a bar and then hang out a while and then get into a fight and then pull my gun and kill the guy, its not premeditated just cause i had the gun from the beginning. I didn't go to the bar intending to kill. Get it? Just cause they were robbing a house with a gun on their person doesn't mean they were intending to go murder someone. Intent is the key. All that being said, I'm not saying it WASN'T premeditated, just that it takes more than possession to prove that. there is a big difference between sitting at a bar and breaking into someones house (also a felony) not a good example Link to comment Share on other sites More sharing options...
MadMonkey Posted December 13, 2007 Share Posted December 13, 2007 You have to prove intent. If i carry a gun into a bar and then hang out a while and then get into a fight and then pull my gun and kill the guy, its not premeditated just cause i had the gun from the beginning. I didn't go to the bar intending to kill. Get it? Just cause they were robbing a house with a gun on their person doesn't mean they were intending to go murder someone. Intent is the key. All that being said, I'm not saying it WASN'T premeditated, just that it takes more than possession to prove that. Not in Florida! Link to comment Share on other sites More sharing options...
Mackdaddydean Posted December 13, 2007 Share Posted December 13, 2007 You're wrong MackDaddyDean - with Felony murder, you DON'T have to prove intent. Felony murder has been used to obtain first degree murder convictions when a cop dies by friendly fire during a manhunt for a suspect. As long as the death occurred as a result of some predicate felony (usually a dangerous felony, like rape, arson, BURGLARY, etc.), the suspects who committed that underlying felony can be charged with first degree murder. Basically, the commission of the underlying felony itself presumes that the defendant is acting recklessly with extreme indifference to the value of human life - the necessary mens rea (mental state) for a first degree murder charge. So when a person dies as a result of that felony, they can be charged with murder. Right of course. I was speaking in the case of non predicate felony. Link to comment Share on other sites More sharing options...
Mackdaddydean Posted December 13, 2007 Share Posted December 13, 2007 there is a big difference between sitting at a bar and breaking into someones house (also a felony)not a good example Dude it went right over your head. I could have used numerous examples i just picked a random one. The point is just cause you go somewhere with a gun and end up killing someone doesn't mean you were planning on murdering that person simply because you had a gun with you. Geez get a clue. Link to comment Share on other sites More sharing options...
laurent Posted December 13, 2007 Share Posted December 13, 2007 Dude it went right over your head. I could have used numerous examples i just picked a random one. The point is just cause you go somewhere with a gun and end up killing someone doesn't mean you were planning on murdering that person simply because you had a gun with you. Geez get a clue. A lot of armchair lawyering going on here. Whether it was premeditated or or not is absolutely irrelevant. Florida law calls for felony murder chargers when a weapon is used during a felony that leads to somebody being killed. Intent does not matter one bit. Link to comment Share on other sites More sharing options...
Forehead Posted December 13, 2007 Share Posted December 13, 2007 As soon as these kids got in trouble, they should have put those kids under lockdown or forced them into military school. Too many parents are complacent about their kids' actions or are comitting crimes themselves. I really wish the State would step in when a young kid gets multiple convictions. I wouldn't mind at all if the State was allowed to force them into military school or enrollment. Might straighten them out or solve reqruitment problems. My father has mentioned this very same thing before, about forcing felons to join the military as part of their sentence. It would certainly stop the overcrowding in our jails, and yes, it would solve military recruitment problems. I'm not really sure how I feel about that sort of thing. Off the top of my head, I'm not sure if I like the idea of a bunch of hardened criminals running around with M-16's, or whatever the standard issue weapon is now. Also, that sort of legislation I'm sure would be viewed as bigoted and raise all sorts of questions. Of course, that never bothered my father, he's not very political about these sorts of things. Link to comment Share on other sites More sharing options...
DGreenistheBest Posted December 13, 2007 Share Posted December 13, 2007 Enmund v. Florida The Supreme Court of Florida rules that the prohibition of cruel and unusual punishment bars the imposition of the death penalty against, "one who neither took life, attempted to take life, nor intended to take life." You can bet the perps' lawyers will be citing this case like nuts. There will not be evidence to prove intent; all the arguments provided so far are circumstantial. "He had the gun so obviously he was going to do it," does not hold up in court. The strongest sentencing regardless of charge that the perps are likely to get, barring a serious mistrial (which will be appealed) or the revelation of some previously unknown and unexpected evidence of premeditation, is life. EDIT: Florida Constitution 782.04 Defining murder: (2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. The death penalty is pretty much out of the question. Link to comment Share on other sites More sharing options...
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