What do you guys think - Wrong or Justified?

[Scottdau]

Re: What do you guys think - Wrong or Justified?

So, you don't know the difference then?

Tell me how long it has to be planned?

[Marino]

Re: What do you guys think - Wrong or Justified?

Tell me how long it has to be planned?

Much longer than a minute or two before the murder happened. What this is called is "heat of the moment" which is a key word in a 2ND DEGREE MURDER.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

I just don't know how he can go look for another gun and take that gun and then go and shoot that guy 5 times and not fall under some first degree charge? What did he end up being charge with?

[Scottdau]

Re: What do you guys think - Wrong or Justified?

Much longer than a minute or two before the murder happened. What this is called is "heat of the moment" which is a key word in a 2ND DEGREE MURDER.

What did the DA charge him with? So if I plan to go kill someone right now it is second degree? I will be honest I never knew that.

[Marino]

Re: What do you guys think - Wrong or Justified?

What did the DA charge him with? So if I plan to go kill someone right now it is second degree? I will be honest I never knew that.

If you plan to go kill someone randomly, that would be 1st degree...

[Scottdau]

Re: What do you guys think - Wrong or Justified?

If you plan to go kill someone randomly, that would be 1st degree...

But I only just thought of it for two minutes?

I have had students get first degree charges mostly for gang shootings. And they were just spare of the moment things. They see someone and shoot them. I look at this the same way. Especially after going and looking for another gun.

[Marino]

Re: What do you guys think - Wrong or Justified?

But I only just thought of it for two minutes?

I have had students get first degree charges mostly for gang shootings. And they were just spare of the moment things. They see someone and shoot them. I look at this the same way. Especially after going and looking for another gun.

So, you don't know the difference then?

[Scottdau]

Re: What do you guys think - Wrong or Justified?

So, you don't know the difference then?

Explain how a guy looking for another gun and then taking that gun and shooting the person five times does not fall under first? Also what did the DA charge him with. I can't open the page.

[Marino]

Re: What do you guys think - Wrong or Justified?

Explain how a guy looking for another gun and then taking that gun and shooting the person five times does not fall under first? Also what did the DA charge him with. I can't open the page.

Heat of the moment.

/discussion.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

Heat of the moment.

/discussion.

I hear what you are saying. The part that keeps getting me is he went and got another gun and then goes and shoots the kid five times. That is part I am held up on.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

Also that he went back to the scene those are my two hang ups in this case. Also what did the DA charge him with? I can't fine that in the reading.

[Knight165]

Re: What do you guys think - Wrong or Justified?

Also that he went back to the scene those are my two hang ups in this case. Also what did the DA charge him with? I can't fine that in the reading.

You mean his own place of business?
Of course he's going back there.

Scott....You just are not grasping the difference between 1st Degree Murder(PRE MEDITATED) ....and 2nd degree murder which is the heat of the moment.
In the "heat of the moment" while it is still murder, it is usually because of an act of wrong doing against the defendant that precedes the act of killing.
I would argue that for any chance of 1st degree murder, you would have to prove that the pharmacist told someone "the next person that robs my store...I'm shooting dead" and THAT would probably be a stretch.
You can believe what you want about going back for the second gun minutes later, but that doesn't change the fact that you don't understand true pre-meditation.
It sounds like the DA doesn't either, so you're in some company there.


M.K.
Knight165

[kingkilla56]

Re: What do you guys think - Wrong or Justified?

I dont care what degree murder it was, it was still a tragic response by that store owner.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

Ok, I can get that. I still dont think it is right if you kill someone the way he did it should be first degree. But thanks for pointing that out Knight. I will submit and say I am wrong.

[Scottdau]

Re: What do you guys think - Wrong or Justified?

Well most DA go for the higher charge so I am sure they will get a lesser charge. I figure going and getting another gun was a planned act. But after you explained the difference I can see how that is second degree murder, I think.