Forums
New posts
Search forums
What's new
New posts
New media
New media comments
Latest activity
Classifieds
Media
New media
New comments
Search media
Log in
Register
What's New?
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Navigation
Install the app
Install
More Options
Advertise with us
Contact Us
Close Menu
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Forums
The Water Cooler
General Discussion
Oklahoma City police sergeant arrested for second-degree murder
Search titles only
By:
Reply to Thread
This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Message
<blockquote data-quote="Dave70968" data-source="post: 3059830" data-attributes="member: 13624"><p>I don't see murder 1.</p><p></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69297" target="_blank">21 O.S. 701.7</a>:</p><p>A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.</p><p></p><p>B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.</p><p>...</p><p>C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.</p><p></p><p>D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.</p><p></p><p>E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties.</p><p></p><p></p><p></p><p>I don't see malice aforethought, so A) and D) are out. Nothing indicates the officer was committing one of the listed felonies, so B) is out. The victim wasn't a child, so C) is out. The victim wasn't a LEO, etc., so E) is out. There's nothing left in the statute to cover this, so it can't be murder 1.</p><p></p><p></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69298" target="_blank">21 O.S. 701.8</a> (murder 2):</p><p>Homicide is murder in the second degree in the following cases:</p><p></p><p></p><p>1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or</p><p></p><p>2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.</p><p></p><p></p><p></p><p>2) is out because the officer still wasn't committing a felony. 1) is possible; pointing a gun is clearly imminently dangerous. The question is over the "depraved mind." A prior shooting--especially if it was under questionable circumstances--combined with the fact that he seems to have been awfully quick on the trigger after arriving, without apparently understanding that other officers had the situation under some degree of control, <em>might</em> get there.</p><p></p><p>Manslaughter, however, should be a slam-dunk.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3059830, member: 13624"] I don't see murder 1. [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69297']21 O.S. 701.7[/URL]: A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof. B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance. ... C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child. D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs. E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties. I don't see malice aforethought, so A) and D) are out. Nothing indicates the officer was committing one of the listed felonies, so B) is out. The victim wasn't a child, so C) is out. The victim wasn't a LEO, etc., so E) is out. There's nothing left in the statute to cover this, so it can't be murder 1. [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69298']21 O.S. 701.8[/URL] (murder 2): Homicide is murder in the second degree in the following cases: 1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or 2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act. 2) is out because the officer still wasn't committing a felony. 1) is possible; pointing a gun is clearly imminently dangerous. The question is over the "depraved mind." A prior shooting--especially if it was under questionable circumstances--combined with the fact that he seems to have been awfully quick on the trigger after arriving, without apparently understanding that other officers had the situation under some degree of control, [I]might[/I] get there. Manslaughter, however, should be a slam-dunk. [/QUOTE]
Insert Quotes…
Verification
Post Reply
Forums
The Water Cooler
General Discussion
Oklahoma City police sergeant arrested for second-degree murder
Search titles only
By:
Top
Bottom