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The Range
Law & Order
Point don't shoot bill
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<blockquote data-quote="Dave70968" data-source="post: 2984718" data-attributes="member: 13624"><p>Manslaughter is when it's unintentional. Even if you discount the aiming and shooting part, <em>he went back to get a second gun</em> after stepping over (or walking past; I don't recall for certain, but I thought he stepped over) the proned-out body of the disabled attacker. There's no way that was unintentional.</p><p></p><p>The law is pretty clear on this one. Even his lawyer didn't argue that; in fact, one of the arguments was that the first attacker was already dead, so at most he was guilty of desecrating a body, but the intent element was never in dispute. You <em>might</em> be able to bring it under manslaughter 1 under 21 O.S. 711 (3), "[Killing] unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed," but this is a lot more than just shooting the fleeing criminal, or the one who has surrendered. Sympathy for the plight of the shooter doesn't change the test of the law, nor the offenses he commits.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 2984718, member: 13624"] Manslaughter is when it's unintentional. Even if you discount the aiming and shooting part, [I]he went back to get a second gun[/I] after stepping over (or walking past; I don't recall for certain, but I thought he stepped over) the proned-out body of the disabled attacker. There's no way that was unintentional. The law is pretty clear on this one. Even his lawyer didn't argue that; in fact, one of the arguments was that the first attacker was already dead, so at most he was guilty of desecrating a body, but the intent element was never in dispute. You [I]might[/I] be able to bring it under manslaughter 1 under 21 O.S. 711 (3), "[Killing] unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed," but this is a lot more than just shooting the fleeing criminal, or the one who has surrendered. Sympathy for the plight of the shooter doesn't change the test of the law, nor the offenses he commits. [/QUOTE]
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