Quote:
Originally Posted by Sam
surely nobody thinks that he planned/pre-meditated with malice aforethought to kill some one that day.
how else could a jury find?
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I don't think it was premeditated or planned.
Wouldn't this fit better under 2nd Degree Murder than involuntary manslaughter?
When you draw a fire arm and you are in law enforcement, you DO NOT shoot warning shots.
You shoot to maim and/or kill.
Drunk driving is involuntary manslaughter because you are doing something with self interest at heart-- not to go and kill someone because you are driving sdrunk.
In this case, it is very difficult to suggest that he shot this unarmed, handcuffed man who was facing down on the ground already out of self interest.
To tase the man at this point would not have made any sense either-- which has already been brought up.