I dunno about that. The way section B of the first degree murder statute is written, if you shoot someone and they die as a result, if you can’t claim self defense, it almost automatically becomes murder 1.
There are witnesses,videos and possibly a pursuit by the accused.
That’s coming from the prosecution
Well that changes everything, if true. The motion to dismiss had it the other way around, from the sounds of it. That's also why I mentioned it's only one side of the story.
I thought murder 1 had to be premeditated.
That’s about the size of it.
Nope. There are a few situations laid out in the statutes; most require premeditation and/or malice, but part B doesn’t. All it requires is intent to kill. From 21 OK Stat § 21-701.7 (2014)I thought murder 1 had to be premeditated.
In college, I took Criminal Law and Murder First Degree was:
1 The unlawful killing
2 of a human being
3 by the accused
4 with malice aforethought.
The accused has the burden of proof that the defensive force used was necessary and was legally justified to provide immunity to prosecution.
Self Defense
a person is justified in using deadly force in self-defense if that person reasonably believed that the use of deadly force was necessary to protect himself/herself from imminent danger of death or great bodily harm.
The state has the burden of proof to provide evidence of Malice aforethought that deliberate intent existed in the mind of the defendant to take a human life.
“Malice aforethought" means a deliberate intention to take away the life of a human being. As used in these instructions, “malice aforethought” does not mean hatred, spite or ill-will. The deliberate intent to take a human life must be formed before the act and must exist at the time a homicidal act is committed. No particular length of time is required for formation of this deliberate intent. The intent may have been formed instantly before commission of the act. (See Oklahoma Uniform Jury Instruction CR-4-62)
I think it will be reduced to Felony Murder which is regardless of malice.
1 The unlawful killing
2 of a human being
3 by the accused
4 with malice aforethought.
The accused has the burden of proof that the defensive force used was necessary and was legally justified to provide immunity to prosecution.
Self Defense
a person is justified in using deadly force in self-defense if that person reasonably believed that the use of deadly force was necessary to protect himself/herself from imminent danger of death or great bodily harm.
The state has the burden of proof to provide evidence of Malice aforethought that deliberate intent existed in the mind of the defendant to take a human life.
“Malice aforethought" means a deliberate intention to take away the life of a human being. As used in these instructions, “malice aforethought” does not mean hatred, spite or ill-will. The deliberate intent to take a human life must be formed before the act and must exist at the time a homicidal act is committed. No particular length of time is required for formation of this deliberate intent. The intent may have been formed instantly before commission of the act. (See Oklahoma Uniform Jury Instruction CR-4-62)
I think it will be reduced to Felony Murder which is regardless of malice.
Stand your ground, in this case, would mean sitting tight in his vehicle.
Stand your ground doesn’t mean getting out of your vehicle, in the middle of the road to confront someone. By getting out of his vehicle, he escalated the situation and put himself in harms way.
The DA won’t be that hard pressed considering Kottka was armed and willingly injected himself into a confrontation when he didn’t have to.
Things have changed since we were using styli and clay tablets… Malice aforethought isn’t required, just shooting them with intent to kill can put you on the murder 1 trail. It’s right there in the Oklahoma statutes.
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