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Woman tried to stop hit-and-run driver before deadly shooting, police Rate Topic: -----

#21 User is offline   Tikk 

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Posted 14 May 2019 - 09:55 AM

View PostTaggart Transcontinental, on 14 May 2019 - 08:55 AM, said:

No it is not murder.


Voluntary vs. Involuntary Manslaughter
The Court of Appeals of Virginia used the following definition of voluntary manslaughter: "Voluntary manslaughter may be found upon evidence that an intentional, non-malicious homicide occurred in sudden mutual combat or as a result of heat of passion induced by reasonable provocation." Couture v. Commonwealth, 51 Va. App. 239, 656 S.E.2d 425, 430 (2008) (citing John L. Costello, Virginia Criminal Law & Procedure Section 3.6-1, at 64-65 (3d ed. 2002)).

In contrast, involuntary manslaughter is the unintentional killing of another human being. The Code of Virginia gives some guidance on conduct that qualifies and is punishable as involuntary manslaughter. Section 18.2-36.1. Specifically, Section 18.2-36.1(A) states that an individual who unintentionally causes someone's death as a result of driving under the influence is guilty of involuntary manslaughter.

Use the state's laws. They have Capital Murder 1st and 2nd. 2nd is kind of a catch all but there must be some intent. Manslaughter both voluntary and involuntary are what fits here. This is the law they should have charged her with. The DA is swinging to the fences and this is where they will end up with a plea.

Although it could also be:

[b]</h2>

This is kind of a BS catchall, I would never live in Virginia their laws are insane. There have to be charging guidelines in there somewhere that indicate when the DA should use which ever charge.



Why are you citing Virginia law to a case that occurred in Georgia?
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#22 User is offline   oki 

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Posted 14 May 2019 - 11:12 AM

View PostTaggart Transcontinental, on 14 May 2019 - 08:51 AM, said:

Actually your story is a fact, a officer / deputy must see the person on a public road while driving impaired in order to charge for DUI. The lawyer will say she was shaken after the accident and noticed you followed her so she went home to calm her nerves and drunk a bucket of alcohol.



You'd think.....

Many years ago my oldest brother was 'observed' driving by one of Bismarck N.D.'s finest. Only AFTER he went into a store to buy beer and LEFT THE STORE did the officer then speak with him and subsequently arrest him. But, that was more than good enough for the judge.
At that time N.D. had just started to really crack down on Drunk Driving so even with it being a first time offense the city and or state did their damndest in forcing my bro to have to attend IN PATIENT Alcohol Abuse counseling. I think my sis in law said they even showed up at their house to try and pick through trash looking for alcohol containers. But, that is a side story.

If I remember correctly, my brother was just a slight amount over the legal limit but passed a field sobriety test no problem.
Plus, I believe he said he had chugged one in store and was planning to have his passenger drive who had not been drinking!

Sadly, the Officers career came to an end when a pursuit ended in the death of a U.S. Senators mother.
What was it about? THe offender chirped his tires at a light. As wrong as the person was to flee the officer there are questions to this day about why the cop chased someone at 85-90+ through city streets, much less many believed the only reason the driver was prosecuted was due to the fact that he killed a the mom of a Senator. I don't think that is true, I believe he would have been prosecuted either way, but still.

Oki
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#23 User is offline   Ladybird 

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Posted 28 May 2019 - 06:57 PM

Let's see.. ignores the 911 operators instructions and takes off after someone she has determined is guilty of something, and having a gun makes her entitled to act like the law.. All very familiar..

Murder suspect who intervened in hit-and-run allegedly ignored 911 operator

Link

A woman who faces a murder charge after intervening in a hit-and-run crash in Clayton County earlier this month is accused of not obeying a 911 operator’s instructions to disengage.

Hannah Payne, 21, of Fayetteville, decided to follow a pickup truck after she saw it hit a tractor-trailer near Clark Howell Highway and Ga. 85 on May 7, Clayton County police previously said. Before following the vehicle for about a mile, she called 911.

However, she allegedly did not listen to the dispatcher, who told her to remain at the initial scene and not follow the pickup truck, prosecutors said in court Tuesday, Channel 2 Action News reported.

Payne eventually blocked the pickup truck with her Jeep at the intersection of Riverdale Road and Forest Parkway, police said. Detective Keon Hayward said she got out of her vehicle to confront the pickup’s driver, 62-year-old Kenneth Herring, despite the 911 operator’s objections.

“In the background, you can hear (Payne say), ‘Get out of the car. Get out of the car,’” Hayward said in court, according to Channel 2.

<snip>

Who the hell is she to order anyone to do anything?
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#24 User is offline   zurg 

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Posted 28 May 2019 - 08:23 PM

View PostLadybird, on 28 May 2019 - 06:57 PM, said:

Let's see.. ignores the 911 operators instructions and takes off after someone she has determined is guilty of something, and having a gun makes her entitled to act like the law.. All very familiar..

Murder suspect who intervened in hit-and-run allegedly ignored 911 operator

Link

A woman who faces a murder charge after intervening in a hit-and-run crash in Clayton County earlier this month is accused of not obeying a 911 operator’s instructions to disengage.

Hannah Payne, 21, of Fayetteville, decided to follow a pickup truck after she saw it hit a tractor-trailer near Clark Howell Highway and Ga. 85 on May 7, Clayton County police previously said. Before following the vehicle for about a mile, she called 911.

However, she allegedly did not listen to the dispatcher, who told her to remain at the initial scene and not follow the pickup truck, prosecutors said in court Tuesday, Channel 2 Action News reported.

Payne eventually blocked the pickup truck with her Jeep at the intersection of Riverdale Road and Forest Parkway, police said. Detective Keon Hayward said she got out of her vehicle to confront the pickup’s driver, 62-year-old Kenneth Herring, despite the 911 operator’s objections.

“In the background, you can hear (Payne say), ‘Get out of the car. Get out of the car,’” Hayward said in court, according to Channel 2.

<snip>

Who the hell is she to order anyone to do anything?

Oh. Do you have information that she was a local street watch person and that Kenneth Herring attacked her and was pounding her head in the asphalt, and she had no choice but to shoot to save herself?

It’s great new info nobody else has been able to find!
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#25 User is offline   Ladybird 

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Posted 28 May 2019 - 09:19 PM

View Postzurg, on 28 May 2019 - 08:23 PM, said:

Oh. Do you have information that she was a local street watch person and that Kenneth Herring attacked her and was pounding her head in the asphalt, and she had no choice but to shoot to save herself?

It’s great new info nobody else has been able to find!

There is information that the shooter was safely in a car before the fatal encounter took place, and therefore the killing could have been avoided.
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#26 User is offline   zurg 

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Posted 28 May 2019 - 09:52 PM

View PostLadybird, on 28 May 2019 - 09:19 PM, said:

There is information that the shooter was safely in a car before the fatal encounter took place, and therefore the killing could have been avoided.

So, nothing like Zimmerman then.
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