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11-18-2013, 07:44 PM #601
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11-18-2013, 07:44 PM #602
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11-18-2013, 07:44 PM #603
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11-18-2013, 07:45 PM #604
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11-18-2013, 07:47 PM #605
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11-18-2013, 07:47 PM #606
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11-18-2013, 07:47 PM #607
- Join Date: Apr 2010
- Location: North Carolina, United States
- Posts: 3,359
- Rep Power: 6826
ive literally never seen a video on the misc where someone punched an unconscious body for a minute or more. see it where theres a few punches after the KO but nothing to this extent.
Then the guy walked away and came back and resumed. Also tried to attack the guys wife in his car.
We see this on the misc all the time right?** Patriots Crew **
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11-18-2013, 07:47 PM #608
I dunno about NY, but in some places if someone ends up in a coma from an assault they wait about 4 years and if the person doesn't wake up they charge them with murder/manslaughter, whichever applies.
The question it all boils down to is, based on what we see in the video, would a reasonable person have expected the victim to survive such an assault? If the jury believes that a reasonable person would have believed that the cop was dead or that continuing the assault would be almost certainly prove fatal, then the jury can find him guilty of attempted murder.
If he was a professional boxer and he punched him half as much he'd probably get murder, because he would have known full well his ability to kill with his fists. The attacker knew full well his ability to kill an unconscious person with 20-30 punches to the head. Everyone has heard the stories of people dying from a sucker punch and this guy went further than all of the people in those stories. That's just my opinion though. Like I said before, this case won't be tried at face value, it will be tried just like other similar cases even though this case appears unique in that he left and then came back again. I still don't know how the guy is alive.
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11-18-2013, 07:48 PM #609
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11-18-2013, 07:50 PM #610
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11-18-2013, 07:50 PM #611
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11-18-2013, 07:50 PM #612
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11-18-2013, 07:51 PM #613
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11-18-2013, 07:53 PM #614
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11-18-2013, 07:54 PM #615
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11-18-2013, 07:55 PM #616
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11-18-2013, 07:55 PM #617
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11-18-2013, 07:58 PM #618
You're right, but it's still practically impossible to prove beyond a reasonable doubt. It would take some very persuasive legal arguments that I can't come up with myself to prove he had an intention to kill. That's why they usually don't seek attempted murder unless it's premeditated. Because attempted murder is just as hard to prove as murder. Remember GZ? They couldn't prove intent because there was no premeditation, hence, no murder conviction. Premeditation proves it beyond a reasonable doubt.
Happy to be proved wrong with some specific cases Misc Lawyer
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11-18-2013, 08:02 PM #619
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11-18-2013, 08:04 PM #620
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11-18-2013, 08:08 PM #621
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11-18-2013, 08:09 PM #622
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11-18-2013, 08:11 PM #623
He punched an unconscious man like sixty times in the head. More than enough evidence to satisfy the intent element. Also consider the fact that New York's second degree murder statute states that someone can also be guilty of murder when "Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person." It doesn't even need to necessarily be intentional, though in my opinion they could go that route if they wanted.
Your GZ comparison is not on point. They lost because of a self-defense argument. The elements of murder or any of its lesser included offenses were there, but an affirmative defense beats any charge.Misc Lawyers LLP
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11-18-2013, 08:12 PM #624
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11-18-2013, 08:13 PM #625
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11-18-2013, 08:16 PM #626
Funny, you should come to my 95% white county and watch court for a while, you may reconsider that position. If you piled all the meth heads and trailer trash that I represent into high rises and projects you'd see the exact same things happening. The only difference is my clients have to drive a couple miles to commit a burglary or beat the **** out of someone. If they lived right on top of one another like people do in ghettos, it would be just as much of a zoo. Poverty, lack of education, drugs and alcohol, and ****ty parenting has the same affect on a person whether they are white, black, brown, yellow, whatever.
Misc Lawyers LLP
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11-18-2013, 08:18 PM #627
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11-18-2013, 08:20 PM #628
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11-18-2013, 08:21 PM #629
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11-18-2013, 08:21 PM #630
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