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The Water Cooler
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Accidental breaking and entering and manslaughter
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<blockquote data-quote="Dave70968" data-source="post: 3152543" data-attributes="member: 13624"><p>Intoxication is complicated. It can be a defense if it was involuntary (bad reaction to a prescription with no prior history of same), but it's not a defense if it deliberate; see, <em>e.g.</em> <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69312" target="_blank">21 O.S. 704</a> ("Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time."). Deliberate intoxication <em>can</em> be an aggravating factor, but it would have to be severe to the point of reckless (or "evincing a depraved mind:" not just blind-stinking-drunk, but getting blind-stinking-drunk when you know that you have a violent temper under the influence) to aggravate a manslaughter charge; it pretty much just aggravates alcohol- and drug-based charges (such as <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69315" target="_blank">21 O.S. 712, Intoxication of Physician</a>, which turns a drunk doc's professional malpractice into manslaughter 1). The officer--if intoxicated--no doubt broke department policy, public intox laws, carriage-of-firearm laws, possibly DUI laws, and who knows what else, but those would be brought as additional charges, not really an aggravating factor. This was just a drunk who broke into the wrong home and it ended tragically; it would be no different if he'd simply not been paying attention and opened the wrong door while sober.</p><p></p><p>Tragic, but it looks like it's being handled properly.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3152543, member: 13624"] Intoxication is complicated. It can be a defense if it was involuntary (bad reaction to a prescription with no prior history of same), but it's not a defense if it deliberate; see, [I]e.g.[/I] [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69312']21 O.S. 704[/URL] ("Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time."). Deliberate intoxication [I]can[/I] be an aggravating factor, but it would have to be severe to the point of reckless (or "evincing a depraved mind:" not just blind-stinking-drunk, but getting blind-stinking-drunk when you know that you have a violent temper under the influence) to aggravate a manslaughter charge; it pretty much just aggravates alcohol- and drug-based charges (such as [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69315']21 O.S. 712, Intoxication of Physician[/URL], which turns a drunk doc's professional malpractice into manslaughter 1). The officer--if intoxicated--no doubt broke department policy, public intox laws, carriage-of-firearm laws, possibly DUI laws, and who knows what else, but those would be brought as additional charges, not really an aggravating factor. This was just a drunk who broke into the wrong home and it ended tragically; it would be no different if he'd simply not been paying attention and opened the wrong door while sober. Tragic, but it looks like it's being handled properly. [/QUOTE]
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