I think it looks premeditated, too, and the one filming was in on what was about to take place.
Kids will fight at times, but that went way beyond a brawl--that was premeditated attempted murder (MOO) and if the attacker isn't charged as an adult, I fear it will give other teens the idea that they can do something similar and only be charged as juveniles.
I think charging her as an adult is vital.
I agree with most all that you say. My main differing thought is that while the slamming of KG's head onto the pavement more than once certainly could support a claim of attempted murder, there is no legal charge of 'attempted murder' in MIssouri, and I am also not convinced that part of the attack was premeditated, even if it appears that the actual fight may have been. I realize premeditation can be formed in the blink of an eye, but I believe she was acting out of pure rage, with no pre-planned thought that she may kill someone. I do believe she needs to be charged as an adult, and charged to the fullest extent of the law. If KG lives, the charge will likely be 2nd degree assault, and if the victim dies, the charge may well be 2nd degree murder, though I think a manslaughter charge would be more likely. JMO
At times, a person may intend in the instant that the killing occurred to kill another; but in the moments, hours, days, months leading up had no such intent. In these cases, what is generally-termed
second degree murder has occurred.
Second-Degree murder has elements of both rational and irrational thought and action on the part of the defendant. An example would be two people getting into a fight at a bar; one gets the advantage and continues to beat on the other, intending in that moment only, to kill. Another example is committing a murder in the course of committing another felony crime. In some parts of the United States, this is known as Felony Murder; Missouri calls it voluntary manslaughter.
Finally, when a death occurs at someone’s hand and they simply did not intend for it to happen, a charge of
Involuntary Manslaughter may be brought. In
Missouri, Involuntary Manslaughter is a Class B Felony. Some states refer to this as Third-Degree Murder, some include vehicular homicide with this level of murder.
Interested in learning about the murder and homicide laws in Missouri? If so, click here and get the facts from an experienced criminal defense attorney.
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