Wednesday, November 14, 2007

Update on the robbery/shooting

The NY Post is reporting that a man has been caught and charged with the heinous crime. But seriously, isn't there something wrong with him being released on his own recognizance after being charged with Second Degree murder during the commission of an armed robbery?!? WTF? Hey, lawyers in my game, speak up and explain this nonsense!

5 comments:

tae said...

It is my understanding (and I am totally completely absolutely NOT a lawyer) that second degree murder is a killing that is not premeditated. Which is what they keep saying - the stupid idiot dropped his gun, he didn't point and shoot. Heck, they let murderers and other criminals walk around free every day, otherwise we'd have to pay more taxes, build bigger prisons, and give up the idea that one is presumed innocent until proven guilty by a court of law. But gee I'm awfully glad they seem to have caught the dumbass. Thank you for the update.

Alceste said...

Story mentions lack of grand jury action. If I recall my criminal procedure correctly, the police could no longer keep him in their custody (he'd been held for a week) without some action from the grand jury or without waiver by the suspect of an indictment.

(And under New York law, second degree murder does require either intent to kill or intent to commit certain felonies. First degree murder in New York is fairly peculiar -- just contains a list of aggravating factors (e.g., kill a police officer) which can give rise to the death penalty. I think this guy's getting out on a procedural loophole and not on the basis of what he's alleged to have done -- for which he'd generally have to post bond had the approriate grand jury action been taken.)

Alceste said...

i shouldn't have said loophole -- it's really a procedural protection -- gov't appears to have either screwed it up or not cared enough with respect to this particular suspect

tae said...

How sad. :(

Abbie said...

This article does a reasonably good job explaining the likely evidence and the need for grand jury action: http://www.nypost.com/seven/11142007/news/regionalnews/bad_hand_in_poker_slaying_241089.htm