Dodge City Police Officer a Suspect for Murder!

[MUD]

For the prosecutor to come out of the gate with a charge of 2nd degree murder, smells like the fix is in. What is 2nd? "Yes, I pointed the gun at the victim and pulled the trigger but I thought the gun was empty" or, ok, " I knew the gun was loaded and I did pull the trigger but I could've swore the safety was on" Tahah must have told the investigators what happened..in exchange for 2nd degree. If Im wrong then when this goes through the D.C. court system, and IF he is Guilty it will be pled out to some cheesy manslaughter or something like it because thats how we do it in dodge. And by the time it goes to trial in 2009 he'll have 2 years in on a 7 year sentance, take 18 months off of that for good time and that leaves 3 and a half in prison. The point Im tryin to make is, If he didnt make some kind of confessing statement then The 2nd degree thing stinks

[wordsmythe]

Originally Posted by MUD

For the prosecutor to come out of the gate with a charge of 2nd degree murder, smells like the fix is in. What is 2nd? "Yes, I pointed the gun at the victim and pulled the trigger but I thought the gun was empty" or, ok, " I knew the gun was loaded and I did pull the trigger but I could've swore the safety was on"

Those situations more closely resemble manslaughter. You didn't mean to kill them but through your negligence or stupidity you took their life.

Second degree murder means you killed them willingly and you meant to do it but you didn't plan it out in advance.

First degree can be VERY difficult to prove.

[MUD]

Originally Posted by wordsmythe

Those situations more closely resemble manslaughter. You didn't mean to kill them but through your negligence or stupidity you took their life.

Second degree murder means you killed them willingly and you meant to do it but you didn't plan it out in advance.

First degree can be VERY difficult to prove.

How would the prosecutor know that he didnt plan it in advance. It seems that pulling a weapon and firing a round into somebody takes some kind of planning..doesnt it

[wordsmythe]

Originally Posted by MUD

How would the prosecutor know that he didnt plan it in advance. It seems that pulling a weapon and firing a round into somebody takes some kind of planning..doesnt it

Knowing and proving beyond a reasonable doubt are VERY different things.

But if he had the gun with him and they argued and he became angry and used the gun then that's second degree.

If he pulled up the plans to where she lived, bought a gun from someone thinking it couldn't be traced back to him, drove to where she lived, hid in the closet, waited for her to come home, opened the door and fired, he had a plan for escape and executed that plan, then they've got premeditation.

[Jolly Rancher]

Originally Posted by MUD

How would the prosecutor know that he didnt plan it in advance. It seems that pulling a weapon and firing a round into somebody takes some kind of planning..doesnt it

Exactly. How would the prosecutor know? It is better to start low and work up. Maybe the prosecutor didn't have all the information when it needed to be charged. Better to get a hold of him, then to let him slip away. Who knew what Colorado would do with him at first.

[NoLongerInRadioGuy]

Originally Posted by MUD

For the prosecutor to come out of the gate with a charge of 2nd degree murder, smells like the fix is in. What is 2nd? "Yes, I pointed the gun at the victim and pulled the trigger but I thought the gun was empty" or, ok, " I knew the gun was loaded and I did pull the trigger but I could've swore the safety was on" Tahah must have told the investigators what happened..in exchange for 2nd degree. If Im wrong then when this goes through the D.C. court system, and IF he is Guilty it will be pled out to some cheesy manslaughter or something like it because thats how we do it in dodge. And by the time it goes to trial in 2009 he'll have 2 years in on a 7 year sentance, take 18 months off of that for good time and that leaves 3 and a half in prison. The point Im tryin to make is, If he didnt make some kind of confessing statement then The 2nd degree thing stinks

Without knowing all the facts surrounding the case, no one should assume to know how it all went down. Rumors, of course, are flying about the circumstances. I would urge you not think any kind of "fix" is in, or that any deals are being made. If it goes to a trial, attend the hearings or follow it in the media and then maybe we all can find out what the facts of the case actually are - not what people are rumoring them to be.

[lurker]

I think he hid his patrol car amongst the barricades on West Earp and clocked her doing 26 in a 20, followed her home and shot her.

[Bubba]

I don't think joking about a matter that is this serious is very appropriate.

[lurker]

Oh. I'm sorry. I must be confused..... which cop are we talking about?

[Tee]

People are saying that she had a restraining order against him. I have also heard that neigbors say that he was stalking her after the breakup, driving by the house repeatedly.

I am not sure if stalking or the violation of a restraining order is a felony, but I am sure that murder (whether its manslaughter, any degree) is automatically upgraded to 1st degree when it is committed while in the commision of another crime (felony). Therefore, woudn't this be 1st degree just based upon the fact that he violated the protective order, carried a loaded gun into her home.

And, isin't it a violation of federal law for a police office to carry a gun while the subject of a protection order.