That's a murder.
Brazos deputies said they booked Medina on a count of manslaughter
The sheriff concurs.
Isn't manslaughter a lesser charge than murder?
Yes it is. Manslaughter is definitely a lesser charge. Usually used if the death was accidental or such.
Fortunately, the sheriff doesn't have the final say. If the DA thinks it'll stick, they can upgrade the charge to murder or even capital murder.
It's Texas, so I have doubts that actual justice will be served.
It’s also about the burden of proof, it’s easier to keep someone jailed on manslaughter.
In Texas, murder applies when the person
Intentionally or knowingly cause the death of another person [or] Intend to cause serious bodily injury and commit an act clearly dangerous to human life that results in death
While manslaughter means
if they recklessly cause the death of another person. Unlike murder, manslaughter does not require intent to kill or cause serious injury. It focuses on reckless behavior that creates a substantial and unjustifiable risk of death.
Sure reads like those charges should bump from manslaughter to murder.
It all hinges on the intent to kill. I'm sure he now would say he didn't intend to kill. just to hit them and teach them to stay off the road. They have enough to charge them with both. And let a jury sort it out.
Read the article, it has his excuse, which explains the manslaughter reason.
If there’s skid marks, he better get upgraded charges. He has a history of this shit too:
Those jail records also showed prior arrests for Medina on counts such as deadly conduct by discharging a firearm, assault causing bodily injury, and reckless driving. Dispositions for those cases were not immediately available.
Saying you intended to hit someone with a motor vehicle is saying to intended to kill them, unless you're provably insane and don't understand that hitting someone is likely to kill.
Even a legally "insane" defendant would most often be found to have met the "knowing" criteria; the bar is that of foresight or knowledge (including constructed knowledge in some jurisdictions) of "merely" physical harm that is likely to cause grievous injury or death. No metaphysics required.
For example, acting to cause the stoppage of breath (that "happened" to result in death) is an automatic pass for murder in many common law countries.
I expect to see them say bike riding is a form of protest, and he was afraid. 😆
Agreed, intent is hard to prove. That's why the law also says, "knowingly." He definitely knew he could kill someone by hitting them with his car.
The man had priors for reckless driving, according to the article. And a bunch of other things.
just to hit them and teach them to stay off the road
That right there is intent to commit "an act dangerous to human life" under the Texas murder statute quoted above.
So when I shot my ex in the spine, it wasn't murder. I was only trying to paralyze them.
That 'or knowingly' closes the door on that hinge.
ianal, but I don't think they could be charged with both murder and manslaughter. Wouldn't that violate double jeopardy? Otherwise there would be absurdities where people get charged with the whole spectrum of criminal intent just to see what sticks. (Which does totally happen anyway, when they can get away with it.)
Though we all think we know what happened, intentionally and/or knowingly are much harder to prove. It has to be "beyond reasonable doubt". So if the available facts don't back that up, a manslaughter case could be a much safer way to get a conviction. It could be bumped up to murder if new facts come to light as part of the investigation, though.
Oh good. I came here to say exactly this. Good to know this isn't something I'd have posted a comment for,and have everybody tell me I'm wrong. When I'm clearly right.
Like how GIF is pronounced. The Q, Z, and R are not silent, but they are invisable. The other 44 letters are silent AND invisable.
c/UsernameChecksOut
You may not be surprised to learn that the only thing that kills more children in the USA than guns (15%) is.... motor vehicles (20%). (Not including pollution, climate change)
the last 2 takes decades to have any significant impact on a person.
As someone who gets around town on two wheels, I really, really fucking hate that it's expected of me to be the one cognizant of danger and not the motherfucker behind the wheel of a massive, metal death machine.
As someone who spends far more time behind the wheel of a metal death machine (though not a massive one) than on two wheels, I agree.
As a fellow two-wheeler, 🤝
I like this explanation but I’m no way some one who drives can not be excluded from murder. But isn’t also pre-meditated murder bc you had the option ‘physically stopped the car and reversed’.. No matter the circumstance weather it was intentional to not hit a ‘unintended’ - all sounds too meditated. They had the ability to disengage and not car if thier 2tn vehicle to be used as tank bullet..
This will result in better pedestrian and cyclist laws right? I'm tired of being harassed and hit on my bike even in the bike lanes by vehicles.
It’s Texas. They’re going to remove bike infrastructure because this proves it’s unsafe. 😆
Never has before without mass protest and there aren't enough critical massers in the USA.
We have ok numbers in some cities, but they are too spread out to get anything done at a large scale.
This is America, where we blather endlessly about "freedom," but god forbid you actually try to exercise it or people will casually threaten to murder you. Or, as in this case, actually murder you.
Yeah, the older I get the more I feel like the whole freedom thing we were spoon fed is just a bunch of bullshit.
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