Why do court cases take so long?

[MikeG]

This definitely changes my view of the whole situation a little bit. I'm starting to believe this may have indeed been self defense.

Ummm. No.

gangbanger wearing gang colors fled after shooting. No indication deadly force would have been justified at all. He's responsible for all rounds he fires especially if he has no justification. The officer and her boyfriend were unarmed. Fleeing indicates conciousness of guilt coupled with intent, he should be convicted of first degree murder for the death of the boyfriend and second degree murder for the stray round that killed the officer. Aggravating factors are his gang affiliation and weapons violation.

[wisco]

I never said it was justifiable self defense.

[MikeG]

I never said it was justifiable self defense.

Pre-emptive self defense?

[wisco]

I guess we'll have to see what the jury decides. One juror was dismissed today for being "tainted".

I've been reviewing Wisconsin's laws about First Degree Intentional Homicide as I wondered why he was facing 2 counts of it if the shooting of the officer was unintentional... got my answer here:

"Wisconsin law provides that the resulting victim need not have been the intended victim. If the resulting victim was not the intended victim, the intent to kill the intended victim transfers to the resulting victim under the legal doctrine of transferred intent. "

However -

"An intentional homicide committed with "just cause" can be mitigated from first degree intentional homicide to second degree intentional homicide. Examples of just cause might be an imperfect self defense, adequate provocation (heat of passion crimes), unnecessary defense force, prevention of a felony, coercion or necessity."

"Second-degree intentional homicide is often called voluntary manslaughter in other states, but Wisconsin legislatures eliminated the crime of voluntary manslaughter when the criminal statutes were codified. "

"If a death was caused because the actor believed he or she was in imminent danger of death or great bodily harm and the force used was necessary to defend the endangered person, then a first-degree intentional homicide may be reduced to second-degree intentional homicide, if either belief was unreasonable.

If the defensive force was necessary, then the homicide may be excused from criminal liability. The law defines the circumstances under which defensive force is necessary for individual protection, protection of another, and protection of society."

What I don't understand though, is given the evidence at hand... why he wouldn't have just been charged with 2nd degree intentional homicide? I didn't think they can change the charge at trial... or can they?

If they can't, and it is proven that this was acceptable self-defense.... doesn't that botch their whole case?

(All of these quotes were taken from Wisconsin Attorney - Successful Criminal DUI Defense Attorneys - Drunk Driving Defense Lawyers - Sex Rape Sexual Assault Lawyer - Drug Possession Penalties - Murder Homicide Laws - Criminal Appeals Attorneys - Best Defense Lawyers - Madison WI 53703 , a law firm in Madison, WI)


^^^^^Sorry, didn't realize all that junk was gonna show up just posting a URL......

[MikeG]

I'm not lawyer or leo but my understanding is that it's a "lesser, included" offense. If they prove all the elements for conviction on 2nd degree intentional murder, but not all 1st degree, they can find him guilty of the lesser charge. I think it's all included in jury instructions of how it works. They don't actually have to charge him with the lessor offense to get that conviction.

[wisco]

Well the trial is over and he was found not guilty of the 2 counts of first degree intentional homicide... however he was convicted of 2 counts of homicide by negligent handling of a dangerous weapon.

He faces a maximum of 10 years on each count.

[MikeG]

We can only hope the judge gives 10 years, consecutive. Nothing negligent about pulling the trigger 3 times.

[Trip]

Well the trial is over and he was found not guilty of the 2 counts of first degree intentional homicide... however he was convicted of 2 counts of homicide by negligent handling of a dangerous weapon.

He faces a maximum of 10 years on each count.

We can only hope the judge gives 10 years, consecutive. Nothing negligent about pulling the trigger 3 times.

I'm impressed with you two guys' command of the law. That's one area I'd never argue with either of you about, lol.....

[MikeG]

I'm impressed with you two guys' command of the law. That's one area I'd never argue with either of you about, lol.....

You shouldn't be impressed at all. My "knowledge" is opinion mostly.