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If he killed Kate while driving drunk he would have done big time in prison. Yet he can break the law by entering our nation illegally and processing a hand gun illegally and killing a innocent young women with the rest of her life ahead of her. To defend the decision of the jury is to be as cold and unthinking as a human can be. Maybe you should move to San Francisco, you would fit right in.So if someone shoots at you and misses but the bullet ricochets and kills you the shooter gets off Scott free? Because he is a bad shot? What kind of idiocy has rotted your brain?Agreed. Which is why is would be difficult for the prosecution for prove murder. They have no idea what he was thinking. But they do know the bullet wasn't a direct hit
Dear Fang and Rambunctious
If the circumstances were purely accidental and legal for him to be there, yes this could be argued as an accidental shooting death. That is not murder, but could be negligent homicide if negligence is involved.
Even Zimmerman didn't get negligent homicide as many including me thought would better describe what went wrong when he killed Trayvon Martin.
In this case, "felony murder" comes the closest to the circumstances around the death. It still isn't exactly what happened to the "letter of the law."
But it matches closely "in spirit."
Basically the man has a felony record, and the ACT of re-entry into the country after deportation CAN be punished as a felony.
But being present in the country isn't a felony, not even in his case. He just has a felony background, and RE-ENTRY can be a felony.
Then any death that occurs, even unintentional or accidental, during the COMMISSION of a felony CAN be charged as "felony murder" IN SOME STATES.
So the two reasons this doesn't apply here directly, is the state has different laws and interpretations of felony murder. And the man's presence at that location when the death occurred because he had committed a felony "in the past" doesn't necessarily count as felony in the PRESENT when the death occurred. It wasn't "during the commission" of his PAST felonies.
So it is stretch, and other people who DO CALL HIS PRESENCE to be a felony DO count this as murder.
What they could do is consider everyone in SF who ENABLED this man to be there could count as an ACCESSORY to felony, and thus contributed to felony murder by letting him here where a DEATH occurred, accidental or unintentional or not.
That's a HUGE stretch. But it could be argued IN SPIRIT, just the letter of the law can contradict that and get them off the hook which is what they use, the letter of the law to violate the SPIRIT of the law.
??? Rambunctious did you even read or understand my message? This can be argued as FELONY MURDER. I explained how. Read it again.
If you agree that either this man "was in process of committing a felony" or that the city officials who ENABLED him to commit an immigration violation are committing a FELONY, then ANY DEATH that occurs during the commission of a felony CAN BE CHARGED AS FELONY MURDER if that law applies in that state.
The question is does the actions of the city to enable him to to be there "count as a felony."
It's because I'm NOT in California I don't have say in how they interpret laws. They may not have "felony murder" as they do in Texas.
Rambunctious instead of blaming and yelling at me when I offered a possible avenue for legal argument,
why don't you help lobby the federal govt to look into this argument for felony murder?
Why yell at me if you can make this argument I offered?
If you believe in it, I spelled out the TERMS that could be researched and possible USED.
But just calling it murder isn't explaining what is argued as an "accident."
FELONY MURDER
is the term that can be applied to even an accidental unintended death caused during the commission of a felony.
That's what my message is describing.
Did you even read it before you reacted?
I have a suspicion that there are more than a few posters here saying this was an accident rather than this guy intentionally pulled the trigger simply because he was an illegal alien.
That's sad. A woman is dead, what if that was your wife,mom,sister,girlfriend, etc?
[QU
Sorry, but this "crime" does not even meet the standard for involuntary manslaughter.
To me, the Monday Morning Quarterbacking should have been about the gun
A gun was stolen from a BLM agent and ended up killing someone. The agent should have secured his weapon, left it unloaded and had a trigger lock on it
If he had done so, that woman would be alive today
What about this?
If a man who obviously had zero intentions of ever not illegally entering this country illegally had been in prison for felony reentry this woman would be alive today?
To me, the Monday Morning Quarterbacking should have been about the gun
A gun was stolen from a BLM agent and ended up killing someone. The agent should have secured his weapon, left it unloaded and had a trigger lock on it
If he had done so, that woman would be alive today
What about this?
If a man who obviously had zero intentions of ever not illegally entering this country illegally had been in prison for felony reentry this woman would be alive today?
Anyone could have found that gun with similar results
If you leave a loaded weapon where kids can find it....You are liable
They don't try to pass laws against kids
Intent? I thought that RWrs didn't like Hate Crime laws....that's intent too.Turning her death into a political point is a sin; the jury ruled. Can you turn off thee hate long enough to even think of her?
Dear Peach
Someone posted this on FB:
the office contact to public defender Matt Gonzalez, asking to "BOYCOTT San Francisco .... PH 415-553-1671. No justice, No Peace! Make a call for Kate in heaven..."
Is there already a petition on the change or petition websites? directed to the SF Mayor and Public Defender and Court Judge?
Grampa Murked U
As they say, don't agonize, ORGANIZE!
How can we collectively ask for change.
What can we agree on as effective that hits the nail on the head and drives the point home?
We need to change the laws to make accidental killing full bloody murder
But not for white people of course
To me, the Monday Morning Quarterbacking should have been about the gun
A gun was stolen from a BLM agent and ended up killing someone. The agent should have secured his weapon, left it unloaded and had a trigger lock on it
If he had done so, that woman would be alive today
What about this?
If a man who obviously had zero intentions of ever not illegally entering this country illegally had been in prison for felony reentry this woman would be alive today?
Anyone could have found that gun with similar results
If you leave a loaded weapon where kids can find it....You are liable
They don't try to pass laws against kids
To me, the Monday Morning Quarterbacking should have been about the gun
A gun was stolen from a BLM agent and ended up killing someone. The agent should have secured his weapon, left it unloaded and had a trigger lock on it
If he had done so, that woman would be alive today
What about this?
If a man who obviously had zero intentions of ever not illegally entering this country illegally had been in prison for felony reentry this woman would be alive today?
Anyone could have found that gun with similar results
If you leave a loaded weapon where kids can find it....You are liable
They don't try to pass laws against kids
If I leave a laptop with unencrypted Personal Identifiable Information of my clients underneath the seat of my car while eating dinner with my family and someone breaks into my car, steals the laptop, and uses that PII to commit identity theft my ass is charged with a felony, I could be fined up to fifty grand and sentenced to one year in jail. But if I leave my freakin gun underneath the seat and some yahoo steals it and later, it ends up killing someone. Nothing. I get NOTHING. That is FUBARED.
I wonder why you need to lie so much. Over 20,000 of those gun deaths are suicide. As we see in Japan, where guns are banned, those who wish to commit suicide will do so, as evidenced by their much higher suicide rate.
Japan is a culture where suicide is accepted and even considered honorable. Ours isn't.
Point is, 33K deaths by gun a year. Yet this one is awful to you.
There were 3 immgrants on the jury. Their legality had not been made public.
To me, the Monday Morning Quarterbacking should have been about the gun
A gun was stolen from a BLM agent and ended up killing someone. The agent should have secured his weapon, left it unloaded and had a trigger lock on it
If he had done so, that woman would be alive today
What about this?
If a man who obviously had zero intentions of ever not illegally entering this country illegally had been in prison for felony reentry this woman would be alive today?
Anyone could have found that gun with similar results
If you leave a loaded weapon where kids can find it....You are liable
They don't try to pass laws against kids
If I leave a laptop with unencrypted Personal Identifiable Information of my clients underneath the seat of my car while eating dinner with my family and someone breaks into my car, steals the laptop, and uses that PII to commit identity theft my ass is charged with a felony, I could be fined up to fifty grand and sentenced to one year in jail. But if I leave my freakin gun underneath the seat and some yahoo steals it and later, it ends up killing someone. Nothing. I get NOTHING. That is FUBARED.
The accused did not break into the vehicle.
[QU
Sorry, but this "crime" does not even meet the standard for involuntary manslaughter.
Only in Moon Bat world.
To me, the Monday Morning Quarterbacking should have been about the gun
A gun was stolen from a BLM agent and ended up killing someone. The agent should have secured his weapon, left it unloaded and had a trigger lock on it
If he had done so, that woman would be alive today
What about this?
If a man who obviously had zero intentions of ever not illegally entering this country illegally had been in prison for felony reentry this woman would be alive today?
Anyone could have found that gun with similar results
If you leave a loaded weapon where kids can find it....You are liable
They don't try to pass laws against kids
If I leave a laptop with unencrypted Personal Identifiable Information of my clients underneath the seat of my car while eating dinner with my family and someone breaks into my car, steals the laptop, and uses that PII to commit identity theft my ass is charged with a felony, I could be fined up to fifty grand and sentenced to one year in jail. But if I leave my freakin gun underneath the seat and some yahoo steals it and later, it ends up killing someone. Nothing. I get NOTHING. That is FUBARED.
The accused did not break into the vehicle.
I have a suspicion that there are more than a few posters here saying this was an accident rather than this guy intentionally pulled the trigger simply because he was an illegal alien.
That's sad. A woman is dead, what if that was your wife,mom,sister,girlfriend, etc?
Obviously I know that is the law but this is California we're talking about. Illegals are not allowed to vote in the United States but in California they are. Illegals are not welcome in the United States but in California they are. Illegals are not allowed to have bank accounts or enter contracts in the United States but in California they are.There were 3 immgrants on the jury. Their legality had not been made public.
Had they been illegal they could NOT have been seated on a US jury - Jesus!
To me, the Monday Morning Quarterbacking should have been about the gun
A gun was stolen from a BLM agent and ended up killing someone. The agent should have secured his weapon, left it unloaded and had a trigger lock on it
If he had done so, that woman would be alive today
What about this?
If a man who obviously had zero intentions of ever not illegally entering this country illegally had been in prison for felony reentry this woman would be alive today?
Anyone could have found that gun with similar results
If you leave a loaded weapon where kids can find it....You are liable
They don't try to pass laws against kids
If I leave a laptop with unencrypted Personal Identifiable Information of my clients underneath the seat of my car while eating dinner with my family and someone breaks into my car, steals the laptop, and uses that PII to commit identity theft my ass is charged with a felony, I could be fined up to fifty grand and sentenced to one year in jail. But if I leave my freakin gun underneath the seat and some yahoo steals it and later, it ends up killing someone. Nothing. I get NOTHING. That is FUBARED.
Obviously I know that is the law but this is California we're talking about. Illegals are not allowed to vote in the United States but in California they are. Illegals are not welcome in the United States but in California they are. Illegals are not allowed to have bank accounts or enter contracts in the United States but in California they are.There are MANY things illegals are forbidde from doing in the United States but in California they are.
Just as hard to prove he didn't...unless your jury has a bigger agenda than justice for Kate...A single shot bounced off the sidewalk, traveled 80 feet and proved fatal
Hard to prove he intended to do that
