I’m not sure about the exact laws where the incident occurred, but in several other states that I know the law of, aggravated assault carries the exact same penalties as attempted murder. Because of the wording of the two laws, aggravated assault is much easier to prove. If you’re a prosecutor, why would you not go with the easier to prove, exact same penalty crime?
I am not a lawyer, but I suspect you would need to prove the intent to kill to call it murder, and given plausible explanation it is nearly impossible, due to presumption of innocence.
Yes, shooting was intentional, but intent plausibly was not to kill. Thus, not a murder. Anyway, that’s the only theory I have of why they did not charge him with attempted murder.
I don’t understand why he wasn’t charged with attempted murder. This is a bullshit defense.
Yes, killing the driver would do that.
Because…
He should be stripped of his weapons for his lack of discipline.
Not a requirement to own or use a gun, at the insistence of “responsible gun owners” who demand that responsibility remains 100% optional.
weaponsfreedomNot freedom from consequences. He nearly killed someone.
I’m saying he should be stripped of his freedom, not just his weapons.
I’m not sure about the exact laws where the incident occurred, but in several other states that I know the law of, aggravated assault carries the exact same penalties as attempted murder. Because of the wording of the two laws, aggravated assault is much easier to prove. If you’re a prosecutor, why would you not go with the easier to prove, exact same penalty crime?
I am not a lawyer, but I suspect you would need to prove the intent to kill to call it murder, and given plausible explanation it is nearly impossible, due to presumption of innocence.
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Yes, shooting was intentional, but intent plausibly was not to kill. Thus, not a murder. Anyway, that’s the only theory I have of why they did not charge him with attempted murder.
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You are absolutely right, it would be manslaughter, not murder. Murder requires intent.