March 23rd, 2007 | Published in Uncategorized | 4 Comments
Why was the officer who reloaded his gun only charged
with Manslaughter and NOT murder?
I have posted the NY Penal Code Definitions below.
125.25 Murder in the second degree. A person is guilty
of murder in the second degreewhen: 1. With intent to
cause the death of another person, he causes the death
of such person or of a third person; except that in any
prosecution under this subdivision, it is an affirmative
125.20 Manslaughter in the first degree.
A person is guilty of manslaughter in the first
degree when:1. With intent to cause serious physical
injury to anotherperson, he causes the death of such
person or of a third person; or
125.15 Manslaughter in the second degree.
A person is guilty of manslaughter in the second degree
when: 1. He recklessly
causes the death of another person;
125.10 Criminally negligent homicide. A person is guilty of
criminally negligent homicide when, with criminal negligence,
he causes the death of another person. Criminally
negligent homicide is a class E felony.
Michael Oliver, 35, is the officer that fired his
pistol 31 times. He is the one that reloaded.
Does reloading constitute an intent to kill?
However, I couldn't prove it beyond a
Therefore, I, as the prosecutor, would go
for Man 2 as well. I have found some interesting
deadly force links.
Reloading Constitutes an Intent to Kill.
DISCLAIMER::The popo photo above was included
sheerly for irony purposes.
Not for the purposes of encouraging violence against popo.
I took for photo at the Lafayette station C train stop last week.
For the record, I found the ad as pictured.