Question about James Alex Fields/Charlottesville

Discussion in 'Political Action Forum' started by Fsbirdhouse, Aug 30, 2017.

  1. pintail2222

    pintail2222 Elite Refuge Member

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    Looks like a charge of Second Degree Murder for the death of Heather Heyer along w/ additional counts of malicious wounding and failure to stop in an accident that resulted in death.

    Plus additional charges of malicious wounding and aggravated malicious wounding of the other victims that he hurt in the incident.
     
  2. Fsbirdhouse

    Fsbirdhouse Senior Refuge Member

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    He won't be home for Christmas.
     
  3. Ron Gilmore

    Ron Gilmore Elite Refuge Member

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    Sounds right, first Degree involves a lot more planning etc.... vs reacting to a situation. Couple charged last summer for murder during a drug deal gone bad, pled guilty to 2nd Degree, family of victim wanted 1st but even the prosecutor said proving that intent would have been hard. Seems they took away the gun the victim had and used it on him!

    Regardless of the charge, and I know he is entitled to a defense, but as others have pointed out there is no reasonable doubt as to his intent. Only thing will be mental state etc....
     
  4. Squaller

    Squaller Elite Refuge Member

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    I think of reacting to a situation as more of a instantaneous reaction.

    Being at a protest, with time to walk to the car, open the car door, start the car, and then proceed to drive to a crowded... I would argue you had plenty of time to think about what he was doing... And, there likely was some planning involved.

    Although the defense might be able to use the brake-light or the smashed window as some defense... I think if he hit the brakes, it was more out of instinct or programming... I think we are all programmed to hit the breaks when anything appears in front of the car; seems like he got over that "programming" and was still able to plow through the crowd.

    I hope that the prosecution is able to come up with a strong enough case to get this guy convicted and put away... I fear if he is acquitted, we will see some degree of social/political fallout, creating even more racial disparity than we already are.
     
  5. Ron Gilmore

    Ron Gilmore Elite Refuge Member

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    There is no way he walks, might end up in a mental hospital.
     
  6. Fsbirdhouse

    Fsbirdhouse Senior Refuge Member

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    No, he won't and shouldn't walk.
    A case could be put forward that he saw the car in the crowd just ahead of him at the last moment and he braked because of it not being the 'Soft Target' he was expecting.
    We can speculate many things, but those brake lights may spare him the needle.
     
  7. pintail2222

    pintail2222 Elite Refuge Member

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    Second Degree Murder would spare him the needle in Virginia. The max he can get if found guilty is 40 years for that one conviction.

    Murder in the 2nd Degree (Section 18.2-32)
    An individual is guilty of murder in the second degree if the individual murders someone and the murder does not meet the requirements of either capital murder or murder in the first degree. Section 18.2-32. An individual guilty of murder in the second degree faces a felony conviction with five to 40 years in prison. Section 18.2-32.

    Those who are charged with and found guilty of Capital Murder in Virginia can only be sentenced to the death penalty.

    https://www.virginia-criminallawyer.com/homicide-laws-virginia-code.html
     

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