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It's a shameful day in California today.

A California court found an illegal foreign national not guilty of murder, not even man slaughter when he shot an American Woman at the San Francisco pier. She died in her elderly fathers hands.

The argument was that the gun went off accidentally and hit the woman killing her. No intent.

I would have a federal investigation into this decision.

Running over a dog here would get you in more trouble.

I am concerned being an American, native Californian.

Time to leave.
 

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The DOJ is going after him, they have a warrant out for him now.
Sessions says he will face several charges that could get him 20+ years.


Ken
RLTW



...I have trouble understanding how ANYONE could live in that "SANCTUARY STATE"
 

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It's a shameful day in California today.

A California court found an illegal foreign national not guilty of murder, not even man slaughter when he shot an American Woman at the San Francisco pier. She died in her elderly fathers hands.

The argument was that the gun went off accidentally and hit the woman killing her. No intent.

I would have a federal investigation into this decision.

Running over a dog here would get you in more trouble.

I am concerned being an American, native Californian.

Time to leave.
Another small (actually large) detail to this case is that the bullet was a "ricochet" off of another object before hitting the woman and killing her. That "ricochet", along with the accidental discharge are some strong arguments against "intent".

Thankfully there is some "intent" that is not being overlooked..........here illegally to start with.




R
 

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Should still have been nailed for involuntary manslaughter at the least. Lose control of your car bounce off a guard rail and into someone killing them that is at least what you will go to jail for.
 

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After hearing the pundits this weekend discussing the outcome, it didn't sound like manslaughter was even considered (but apparently it was). However, I agree, he should have at least been found guilty of involuntary manslaughter due to the fact that he did handle the weapon which went off, ricocheted off whatever, and actually shot and killed her. They only thing I can think of is that the prosecution failed to present "adequate" evidence to the jury in order to get any conviction. The same was true for OJ............ unfortunately. IMO, right or wrong, if the DA mis-handled the case, then the jury did the right thing by acquitting him. Nobody is ever found "probably" guilty by a jury, just plain guilty by majority. If CA law allows it, he should be tried again.
 

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Guys, this varies from state to state, but usually if the DA does not include "lesser offense" in the charging document, the jury is limited to the charges brought against the defendant, ergo the verdict in this case. A ricochet flies in the face of criminal intent. Involuntary manslaughter was the appropriate charge, IMHO. That irresponsible federal agent who left the pistol in his car put this whole situation into motion. Irresponsibility has consequences.
 

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Guys, this varies from state to state, but usually if the DA does not include "lesser offense" in the charging document, the jury is limited to the charges brought against the defendant, ergo the verdict in this case. A ricochet flies in the face of criminal intent. Involuntary manslaughter was the appropriate charge, IMHO. That irresponsible federal agent who left the pistol in his car put this whole situation into motion. Irresponsibility has consequences.
I thought the jury could consider involuntary manslaughter.......?

"Prior to closing arguments, Judge James Feng agreed to a request by the prosecutor Diana Garcia to instruct the jury in first-degree murder as well as second-degree murder and involuntary manslaughter. “The jury will be instructed on multiple theories of homicide,” said District Attorney’s Office spokesman Alex Bastian. Despite the controversy, the defendant's immigration status was not considered in the case."
 

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After hearing the pundits this weekend discussing the outcome, it didn't sound like manslaughter was even considered (but apparently it was). However, I agree, he should have at least been found guilty of involuntary manslaughter .......

If CA law allows it, he should be tried again.

Perhaps you should become a little more familar with the Constitution and 'Bill of Rights'. The Double Jeopardy Clause of the 5th Amendment guarantee's that a person will not be tried twice for the same crime in the same jurisdiction. Double jeopardy occurs if someone is charged with a crime and found innocent, and then charged with the same crime a second time.

HTH

http://www.heritage.org/constitution/#!/amendments/5/grand-juries-double-jeopardy-self-incrimination-due-process-taking-of-property



I thought the jury could consider involuntary manslaughter.......?
WRONG. A jury can not make up 'charges' they can only consider the actual 'charges' brought against a defendant.

^^ Another bit of information for you to ponder.
HTH also.


Ken
RLTW
 

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Perhaps you should become a little more familar with the Constitution and 'Bill of Rights'. The Double Jeopardy Clause of the 5th Amendment guarantee's that a person will not be tried twice for the same crime in the same jurisdiction. Double jeopardy occurs if someone is charged with a crime and found innocent, and then charged with the same crime a second time.

HTH

Guide to the Constitution





WRONG. A jury can not make up 'charges' they can only consider the actual 'charges' brought against a defendant.

^^ Another bit of information for you to ponder.
HTH also.


Ken
RLTW
I'm familiar with the law............ But he could still be tried via a civil lawsuit for wrongful death - (like OJ). And as for the second part of your post, the judge did allowed the jury to consider whether or not to find him guilty of Involuntary manslaughter. That was what my last post was about - I was not there, but, that is what I read and heard others mention about the court proceedings. Thanks anyways.
 

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I'm familiar with the law............ But he could still be tried via a civil lawsuit for wrongful death - (like OJ). And as for the second part of your post, the judge did allowed the jury to consider whether or not to find him guilty of Involuntary manslaughter. That was what my last post was about - I was not there, but, that is what I read and heard others mention about the court proceedings. Thanks anyways.
Not even the 'judge' can make up what the 'Charges' are. He WAS NOT charged with Involuntary Manslaughter.

He could face a Civil Suit, but to what end, he doesn't have a pot to piss in.
 

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