Murder charge for joyriding kid?

[TrooperFarva]

http://www.azcentral.com/news/articl...ase-gates.html

Basically, 2 kids stole a car, and while they were trying to evade the police, they drove onto an Air Force Base. It's believed that they drove onto the base accidentally. When they entered, a security guard opened fire on the vehicle, killing the passenger, and wounding the driver.

The driver is being charged with the murder of the passenger.

That seems excessive. Obviously he shouldn't have stolen the car in the first place, nor driven onto the air force base, and I see no wrongdoing in what the guard did, but murder?

[blendermassacre]

wait what? the guard shot the passenger and the driver is being charged with murder?
this country....

[geeza]

Originally Posted by blendermassacre

wait what? the guard shot the passenger and the driver is being charged with murder?
this country....

Not the guard. The driver.

[Mark Latimour]

Its not murder in the "conventional" sense of the word. Reading the article it sounds like its what is sometimes known as a "felony murder" charge. Basically the government makes a law that says if someone dies during the commission of a felony for reasons connected with teh felony, those who have committed the felony are also deemed responsible for the death (ie they are charged with murder).

Its basically a law to stop bank robbers etc getting murder charges reduced to manslaughter because they didn't actually "intend" to kill someone. Normally to prove murder you have to show that the person intended to kill the victim. The robbers would say that there intention was to jsut rob a bank and not hurt anyone, but then things got out of hand and therefore the death was accidental. If that worked, the prosecution couldnt prove murder and the robber got a lesser sentence. Its basically a trick to get harsher sentences when a death occurs in relation to a felony. I can see how it could be applied here.

[Deluge Of Sound]

Mark's right, and they state as much in the link:

"Aguilera is charged with murder because his passenger died during the course of a felony offense."

[RWP]

Sounds appropriate to me. The driver caused the death of the passenger.

[Gard]

Originally Posted by RWP

Sounds appropriate to me. The driver caused the death of the passenger.

DING DING DING!!!

Correct answer.

Don't want to get charged with felony murder, don't steal a car, run from the police, and stupidly drive onto a military base.

Can't see where I'm gonna have much compassion for the kid so charged. He's an idiot, and stupid should hurt.

[blendermassacre]

either way, a 16 year old kid died. tragic.

[Holy War]

Originally Posted by RWP

Sounds appropriate to me. The driver caused the death of the passenger.

+1

I have no sympathy for these guys

[Gard]

Originally Posted by blendermassacre

either way, a 16 year old kid died. tragic.

Yes it is tragic.

Not tragic that they thought stealing someone else's property was a good idea. That was stupid.

Not tragic that they attempted to evade the police who were trying to apprehend them for stealing someone else's property. That was stupid.

Not tragic that they drove onto a secure military installation, IGNORING THE GUARD SHACK AND MP'S TRYING TO STOP THEM, and got shot at by those doing their duty (i.e. protecting said secure military installation) because they were evading the police who were trying to apprehend them for stealing someone else's property. That was stupid.

Joy ride, my @$$.





What is tragic here is that an airman was forced to shoot at two young civilians, killing one and injuring the other, because the CIVILIANS WERE STUPID. That airman will be tragically scarred for the rest of his life because of a STUPID choice by two punk kids that should have known better than to do such a string of ignorant, asinine acts.

No tragedy for the perps here.

[Holy War]

Originally Posted by Gard

Yes it is tragic.

Not tragic that they thought stealing someone else's property was a good idea. That was stupid.

Not tragic that they attempted to evade the police who were trying to apprehend them for stealing someone else's property. That was stupid.

Not tragic that they drove onto a secure military installation, IGNORING THE GUARD SHACK AND MP'S TRYING TO STOP THEM, and got shot at by those doing their duty (i.e. protecting said secure military installation) because they were evading the police who were trying to apprehend them for stealing someone else's property. That was stupid.

Joy ride, my @$$.





What is tragic here is that an airman was forced to shoot at two young civilians, killing one and injuring the other, because the CIVILIANS WERE STUPID. That airman will be tragically scarred for the rest of his life because of a STUPID choice by two punk kids that should have known better than to do such a string of ignorant, asinine acts.

No tragedy for the perps here.

+1 I agree 110%

But you do know that the TB **** train is heading right towards you right? Ill do my best to stick by your side and defend this opinion.

[LilRay]

Originally Posted by blendermassacre

either way, a 16 year old kid died. tragic.

While it is indeed a tragedy, the passenger died at the hands of his dumba$$ "friend" and partially to his personal ignorance and stupidity.

Passenger boarded a "stolen" vehicle and the risk of losing his life ensued, PERIOD.

That's foolishness on the passengers part.

You take risks everyday, and you should choose such risks wisely. The passenger knew better, even at 16. Unless he was a hostage, it's partially his fault.

God Bless, Ray

[kesslari]

what a crazy euphemism - "Joyride" for "stealing a car and trying to evade the police".

George Carlin could have had a field day with that one. "Oh, it's just a joy-ride. Whee!"

Tragic that a kid lost his life due to his own and his friend's stupidity.

[i_got_a_mohawk]

Originally Posted by Gard

Yes it is tragic.

Not tragic that they thought stealing someone else's property was a good idea. That was stupid.

Not tragic that they attempted to evade the police who were trying to apprehend them for stealing someone else's property. That was stupid.

Not tragic that they drove onto a secure military installation, IGNORING THE GUARD SHACK AND MP'S TRYING TO STOP THEM, and got shot at by those doing their duty (i.e. protecting said secure military installation) because they were evading the police who were trying to apprehend them for stealing someone else's property. That was stupid.

Joy ride, my @$$.





What is tragic here is that an airman was forced to shoot at two young civilians, killing one and injuring the other, because the CIVILIANS WERE STUPID. That airman will be tragically scarred for the rest of his life because of a STUPID choice by two punk kids that should have known better than to do such a string of ignorant, asinine acts.

No tragedy for the perps here.

+1

I was just going to say the same thing. I feel sorry for the guy who shot at them. Even though he was in the right, he will no doubt be second guessing himself for the rest of his years.

[mike_v_s]

Originally Posted by Gard

What is tragic here is that an airman was forced to shoot at two young civilians, killing one and injuring the other, because the CIVILIANS WERE STUPID. That airman will be tragically scarred for the rest of his life because of a STUPID choice by two punk kids that should have known better than to do such a string of ignorant, asinine acts.

This.

Mike

[MakiSupaStar]

Kids often make mistakes with adult consequences. We recently had a 13 year old kid (same age as the kids I teach) steal a car around where I work. It was midnight on a weeknight (where were the parents???) and when the cops caught and surrounded the kid he was backing up the car trying to hit the officers. That's when they opened fire and killed him. Neighborhood was all up in arms about it, but the video was pretty clear. The cops took every measure possible before actually shooting the kid. I see it all the time. Dumb kids with dumb parents making dumb mistakes and suffering adult consequences.

[Gard]

Originally Posted by Holy War

+1 I agree 110%

But you do know that the TB **** train is heading right towards you right? Ill do my best to stick by your side and defend this opinion.

Thanks, appreciate it.

I know that it may not be a very popular position, but it's the right one, and I am OK with not being popular about something like this.



...it's sad this happened to the kids, but not tragic. They should have known it was wrong, they didn't for whatever reason (probably parenting...or more accurately, a LACK of parenting). As our resident barrister will probably confirm, ignorance is no excuse for breaking the law. And, I don't think these kids were "ignorant" of the law in these circumstances, they just didn't CARE.

Sad, not tragic. Again, tragic is the poor airman that had to fire on them, because they chose the path to end up where they did. He didn't.

[CapnSev]

Mark is right, it falls under the "felony-murder" rule, meaning that if a death happens during commission of a felony all parties to the felony are charged with murder.

i.e. If you and your buddies decide to rob a bank, and during the robbery you shoot your gun on accident and hit and kill someone, all of you that are involved are charged with murder. That includes all the guys that didn't pull the trigger, even the getaway driver that never got out of the car and had no clue.

[LilRay]

And a P.S. to my above post, as to the Murder charge;

If State law reads someone doing such an act constitutes murder, the charge should stand. Damm "special circumstances" because of age. They both KNEW what they were doing. A small child being taken on something like that is one thing, but AFAIK the passenger was a willing participant.

God Bless, Ray

[Relic]

I see no problem here. Stupid hurts.