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23 y/o girl struck, killed by stray bullet

Discussion in 'Cop Talk' started by w01, Jun 23, 2013.

  1. w01

    w01

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    Nov 22, 2005
  2. If the shot was fired by a felon not allowed to possess a gun, does it raise the death to the level of murder?
     


  3. DaBigBR

    DaBigBR No Infidels!

    8,798
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    Oct 28, 2005
    Circling the wagons.
    Murder is killing with malice aforethought, so no.
     
  4. TK-421

    TK-421

    10,166
    794
    Oct 12, 2012
    Pflugerville, TX
    But wait a minute, the shot couldn't possibly have come from a felon, because we all know it's illegal for felons to be in possession of firearms, and they always follow the rules, so no felon would be in possession of a firearm. It must be a government conspiracy! We're doomed!
     
  5. The reality is that you essentially have two charges: felon in possession of a firearm and reckless endangerment. Hard to prove much beyond that.

    It's tragic but not uncommon, especially in our rural areas of the state.
     
  6. Daltini

    Daltini

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    Mar 28, 2013
    Surprised I didn't hear about this until now. I'm from the same town.

    ):
     
  7. Manslaughter.

    Sent from my DROID RAZR using Ohub Campfire mobile app
     
  8. merlynusn

    merlynusn

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    Nov 16, 2007
    NC
    best case scenario would be involuntary manslaughter. But you'd have to show they were negligent. The firearm by felon might help. But it would depend on all the circumstances.
     
  9. LEOson

    LEOson

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    Aug 23, 2012
    Middle America
    Actually I'd be willing to be proving negligence wouldn't be too hard. They clearly didn't have a solid backstop and didn't verify anything beyond their target.
     
  10. merlynusn

    merlynusn

    3,999
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    Nov 16, 2007
    NC
    Not saying it would be hard. But it isn't cut and dried. You can prove it by those things. But again, it depends on the circumstances. If they were at an established gun range following all safety procedures, it would be a lot harder.

    Like I said, it's part of the investigation and falls under the totality of the circumstances. Which determines what the charges are going to be.
     
  11. Quigley

    Quigley Elite Member

    3,323
    8
    Mar 17, 2010
    Virginia
    In order for bullet to strike from over a half mile it would have to be at a pretty steep angle (some more than others depending on the round). shooting into the air with anything other than birdshot is negligent in and of its self.
     
  12. LEOson

    LEOson

    363
    0
    Aug 23, 2012
    Middle America
    That may be, but it's highly likely, given that one was a felon, that they weren't using an established range and following proper safety procedure. Added to the fact that for a bullet for go a half mile, they probably were aiming at a pretty serious upward angle.
     
  13. Prosecutors in this area, for some reason, are reluctant to charge for manslaughter. Hence, RE will likely be the charge as it is easier to prove with lesser intent concerns. Not right but reality.
     
  14. I was hearing this on my car radio on my way in to work that night. Tragic. Especially since they only had $5k worth of bail each.