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this post was submitted on 06 Feb 2024
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No worries, the case was complex for sure.
The lesser charges were 2nd degree intentional homicide and 1st degree reckless homicide.
For the 2nd degree intentional charge, the prosecution would still have to prove intent. The key difference is that with 1st degree intentional, the prosecution would have to prove that the defendant was not acting in self defense. With 2nd degree intentional, they would have to prove that he had the belief that he was acting in self defense but that his belief was unreasonable.
For the 1st degree reckless, they would have had to prove ‘utter disregard for human life’, which I don’t believe is what happened in this case.
The lesser charge that the prosecution asked for but was ultimately denied was ‘2nd degree reckless homicide’. It is my personal opinion, having watched the whole trial, that they would have gotten a conviction on that charge.
Without an intention to kill, and without an utter disregard for human life, he recklessly put himself into a situation where he believed he was acting in self defense, but that belief was unreasonable. 2nd degree reckless homicide, 25 years.
The judge denied that lesser charge because he said that he thought it would be overturned on appeal… not really his call but that’s the way it played out.