ChyrenB Wrote:
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> 808, we would be in jail for manslaughter or
> murder. Attempted murder only applies if the
> victim lives. Here the victim died. It was a
> homicide- which means the death of a person at the
> hands of another other than by accident or legal
> excuse. Pointing a gun at someone, even as a
> joke, is manslaughter even if it accidentally
> discharges. The criminal element of mens rea
> (that guilty state of mind) necessary for any
> criminal conviction is supplied by the extreme
> danger in brandishing a gun (it's the same thing
> as why you get convicted of manslaughter for
> reckless driving). So I agree with you entirely
> that he is being let off. Even if the gun did
> accidentally discharge, what the hell was he doing
> pointing it at someone. Maybe if they were all
> horsing around and the victim was another friend,
> then it's another story but I thought this was a
> hostile confrontation.
Welcome to Florida! This is where all professionals relocate because they can't make it else where and come here to try and make it by political gain and can't stand defeat.
My point? Without a Victim the case gets hard to prove, especially when the victim is alive and not willing to cooperate. This usually means a NON win in the W/L box and do not prosecute. It comes down to WIN/LOSE not RIGHT/WRONG. I've brought the State Attorney some serious cases they declined to prosecute because it would cost a lot , might give them negative publicity if they lose.
I don't even think about it anymore or it would drive me crazy. Just not my problem. I do my job and have to move on. Dolphins help me with that.
GO DOLPHINS!!!!