Steel City Steelers wrote:
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Correct me if I'm wrong...wasn't this around the time he was up for federal judge (which he ultimately didn't get)? Yeah. Should've been vehicular manslaughter.
No, not at this time. His nomination came after. He could have charged her with vehicular manslaughter or straight manslaughter or criminally negligent homicide. MURDER IS THE ONLY STATUTE ON THE BOOK THAT YOU CAN CHARGE THE LESSER OFFENSES AS WELL. Mike blew the case by over charging Venessa with felony murder.
Here are the elements to vehicular man.
Vehicular Manslaughter Statutes in New York
The New York statute states that second degree vehicular manslaughter is defined as:
§ 125.12 Vehicular manslaughter in the second degree.
A person is guilty of vehicular manslaughter in the second degree when he or she causes the death of another person, and either:(paraphrased)
Is driving under the influence;
Drives a vehicle containing flammable gas that weighs more than 18,000 pounds in violation of another statute; or
Drives an ATV while under the influence.
Conviction of second degree manslaughter is recorded as a Class D felony.
The New York statute states that first degree manslaughter is defined as:
§ 125.13 Vehicular manslaughter in the first degree.
A person is guilty of vehicular manslaughter in the first degree when he or she commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and either:(paraphrased)
Has a BAC of .18 or higher;
Is driving with a suspended or revoked license;
Has a prior conviction of DUI; or
Causes the death of more than one person.
Conviction of this crime results in a Class C felony.
SO THOSE ELEMENTS DON'T APPLY! SHE WOULD HAVE BEEN AQUITTED HAD MIKE CHARGED HER OF VEH. MAN. 1 OR 2.
This is where he should have went with the indictment:
S 125.10 Criminally negligent homicide.
A person is guilty of criminally negligent homicide when, with
criminal negligence, he causes the death of another person.
Criminally negligent homicide is a class E felony.
HERE IS WHERE MIKE SHOULD OF WENT BUT GOT OVER ZEALOUS:
S 125.15 Manslaughter in the second degree.
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person; or
2. He commits upon a female an abortional act which causes her death,
unless such abortional act is justifiable pursuant to subdivision three
of section 125.05; or
3. He intentionally causes or aids another person to commit suicide.
Manslaughter in the second degree is a class C felony.
S 125.20 Manslaughter in the first degree.
A person is guilty of manslaughter in the first degree when:
1. With intent to cause serious physical injury to another person, he
causes the death of such person or of a third person; or
2. With intent to cause the death of another person, he causes the
death of such person or of a third person under circumstances which do
not constitute murder because he acts under the influence of extreme
emotional disturbance, as defined in paragraph (a) of subdivision one of
section 125.25. The fact that homicide was committed under the influence
of extreme emotional disturbance constitutes a mitigating circumstance
reducing murder to manslaughter in the first degree and need not be
proved in any prosecution initiated under this subdivision; or
3. He commits upon a female pregnant for more than twenty-four weeks
an abortional act which causes her death, unless such abortional act is
justifiable pursuant to subdivision three of section 125.05; or
4. Being eighteen years old or more and with intent to cause physical
injury to a person less than eleven years old, the defendant recklessly
engages in conduct which creates a grave risk of serious physical injury
to such person and thereby causes the death of such person.
Manslaughter in the first degree is a class B felony