I rarely come to these boards anymore. Thought I'd check in to see about this situation. Reading this thread, I remember why I stopped coming to these boards. Lots of ignorant assholes present just like before. Carry on morons.
New York requires either intent to kill or depraved indifference to human life for murder 2nd. No way these facts meet that standard.
So does the state where I practice. A little over ten years ago a friend of mine defended a case where his client was alleged to have sucker punched another guy. One punch and when the victim fell down his head hit a beer bottle and he ended up dying. State charged him with second degree murder.
Every day I’m dealing with a case where the facts don’t meet the standard of what the State charged my client with. Overcharging to bully pleas is a common occurrence.
So, I agree with you that the facts (putting aside any viable defenses) warrant a manslaughter charge. But, I also wouldn’t be surprised if the State overcharges as I see it every day, and I’ve specifically seen it in my career with a similar set of facts.
The discussion from the beginning was what charge was supported by the facts, not speculating about what a rogue prosecutor *might* do.
The discussion from the beginning was what charge was supported by the facts, not speculating about what a rogue prosecutor *might* do.
This thread reminds me why I stopped coming here a while back.
I don't read the boards like I did in the past, but it's good to see some of you still bitch about everything.
I rarely come to these boards anymore. Thought I'd check in to see about this situation. Reading this thread, I remember why I stopped coming to these boards. Lots of ignorant assholes present just like before. Carry on morons.
Actual honest question, since I see a lot of y'all debating the charges: It seems like all of the coverage on this is reporting that Jones was charged with misdemeanor 3rd degree assault at this point. Is that an indication that prosecutors are hesitant to bring more serious charges because of additional info, or do prosecutors tend to start on the low-end in situations like this (if situations like this exist) and upgrade the charges as warranted?
Actual honest question, since I see a lot of y'all debating the charges: It seems like all of the coverage on this is reporting that Jones was charged with misdemeanor 3rd degree assault at this point. Is that an indication that prosecutors are hesitant to bring more serious charges because of additional info, or do prosecutors tend to start on the low-end in situations like this (if situations like this exist) and upgrade the charges as warranted?
https://myfox8.com/2018/08/10/new-y...forest-university-basketball-assistant-coach/ now I homicide investigation. More confirmation that Jones punched him after the victim punched somebody else who tried confronting him. This will not be overcharged he will be charged with manslaughter unless it comes out that he was intoxicated or something like that.