Murder by....Asthma

[SilverLining]

A 23-year-old Dorchester man with a lengthy criminal history was charged Friday with first-degree murder in an unusual prosecution that links his alleged firing at several people to the death of a man who fled unscathed but succumbed to an asthma attack triggered by the incident.

full story....here

[twinturbo]

I don't think the prosecution's argument is first degree murder by asthma because though I'm no attorney even I can't fathom overcoming mens rea. I think the precedent is any death that is a result of a criminal act meeting specific criteria can be tried as first degree based on precedence and state law. Meaning it's not that the victim died of ashtma but that the victim was both a victim related to the primary crime and died as a result.

[SilverLining]

But, I still think it's important that this could go to trial as a charge of murder.

The guy shot a gun, but didn't hit anyone.  While running away, Rowell suffered an asthma attack and later died.

It reminds me of peanut pranks, and egging schools, etc.  but, it also makes me wonder if eventually a school allowing food in the classroom and not thoroughly cleaning it could eventually be charged with "assault by peanut".  (just my Ramblings...don't worry.)

[twinturbo]

No worries! I hear what you're saying, and if I'm understanding you correctly you're contemplating the application to assaults that trigger atopic disease resulting in harm or death.

Prosecution costs tax dollars. Many prosecutors will go for lowest hanging fruit for conviction rather than meeting the more difficult burden of proof required for criminal cases. Beyond a reasonable doubt, right? Well there's mens rea proving intent and even more citeria to meet in first degree murder.

Unless... precendence and law say that any death as a result of a criminal action the offender is responsible for. Say it's a robbery resulting in death though the initial intention was robbery or a rape and assault that the victim eventually dies from. Change asthma to victim was ducking bullets, stubbed toe taking a blow on the head from concrete or a dumpster, slips into a coma then later dies.

Charges don't always reflect the literal nature of an offense stalking and hate crimes coming to mind. Or perhaps the better way to characterize it is represent the complete nature. A crime committed via technology musn't by necessity be charges as a technology crime because it was committed using a computer. Likewise attacking an individual with a LTA to peanut with peanut butter isn't a food attack; it's an assault and if the person is known to have that disability to the offender and the offender displays that he understands what his actions will provoke in the victim there's an argument there for hate enhancements by selection of a victim using that criterion.

No, I don't see an instance where failure to thoroughly clean an area by a school would constitute a criminal action as you described it. Now, failure to deliver proper emergency care and criminal negligence, that has a higher likelihood.

[SilverLining]

I know little about laws in my own country...less about them in yours. 

But, when there is knowledge of a lta, I'd like to see charges...even neglect would be a step up.

[twinturbo]

Certainly nothing precludes bringing civil suit which has a much lower burden of proof something that even law enforcement can use if criminal burden is too high. And in that respect you can hold an entire district responsible rather than a single or group of individuals.

It is entirely possible to choose charges if by the sole action of charging a(n) individual(s) fulfills satisfaction instead of a solid conviction with time served. There's so much in between initial arrest and potentially starting a sentence. Statisically the better the representation the less likely actual time will be served. A school calling on district resources and union is formidible. A poor to middle class kid having to go to juvie on a reduced charge is probably higher.

I think it depends on what would constitute justice in an individual's perception. I'm a little jaded kn justice administration like most it comes off as a game to me.