Livingston woman indicted on negligen...

Livingston woman indicted on negligent homicide charge

There are 2 comments on the Democrat & Chronicle story from Aug 18, 2010, titled Livingston woman indicted on negligent homicide charge. In it, Democrat & Chronicle reports that:

A Livingston County woman accused of fatally stabbing her boyfriend with scissors last month is no longer facing murder charges.

Join the discussion below, or Read more at Democrat & Chronicle.

Big Papi

Buffalo, NY

#1 Sep 11, 2010
OK, let me start off by saying that JoJo is my Cousin, and I love him and will miss him dearly. When all is said, she still stabbed him. Self defense won’t fly because he did not attack her with a pair of scissors. Self defense involves reasonable and equal force. Maybe it would fly if there was a history of domestic violence, but where are the witnesses? Did any of her family call the cops when he was beating the shit out of her and choking her?
If they did, I would love to see the report. I don't recall JoJo ever spending a night in jail for domestic. I would also point out the fact that they reduced her charge to negligent homicide instead of Manslaughter. The DA is so CLUELESS. I am in law school, and one of the benefits of law, is I have all necessary information at my finger tips. This little thing called Lexis Nexis. Heard of it Moran? Let me throw out a couple penal codes and let the public decide what she should be charged with. New York Penal - Article 125 states:

§ 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;
Manslaughter in the first degree is a class B felony.

§ 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.

Now what do you all think? Does the charge fit the crime? Do we all agree that she should have been charged with Manslaughter instead of Criminally negligent homicide? Let’s not forget what the penal code states. "extreme emotional disturbance" definition:
Extreme emotional disturbance means the emotional state of an individual who 1) has no mental disease or defect that affects accountability; 2) is exposed to an extremely unusual and overwhelming stress; and 3) has an extreme emotional reaction to it, as a result of which there is a loss of self control, and reason is overborne by intense feelings, such as passion, anger, distress, grief, excessive agitation, or other similar emotions.
Hum....doesn't this fit the definition of what really happened? My cousin was charged with Criminally negligent homicide for buying some alcohol, and someone dying of alcohol poisoning. Does that sound the same as her actions? Maybe someone should let Moran know he isn't much of a Prosecutor if he missed all this. I still have 2 years left in law school, and I understand definitions better! Come on Moran, don't let the tears fool you; she deserves the right charge for the right crime! Don’t disrespect JoJo's family with such a bogus charge! Hey Moran, check out § 125.25, sec. 1, par. A. IT SPEAKS FOR ITSELF! Justice needs to be served!
Big Papi

Buffalo, NY

#2 Sep 11, 2010
Sorry for the double post. Thought it didn't post!

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