borndem I've reread this post a couple of times, something kept niggling the back of my mind. In CA child abuse that leads to death can bring a charge of First Degree Murder - we don't need aforethought or premeditation. Abusing a child and causing that child's death will get you 25 to Life, that means you spend 25 years in prison minimum before you get parole (other charges will also apply and add time to the sentence). Is that law different in NC?
Surely there were enough reports from outside sources that could have proved EB was abusing Zahra. So many people came forward claiming to have called CPS - EB was never exonerated, she slipped through the cracks when they moved. She even has a history of abusing her former spouses.
EB was facing 60 years of hard time, how in Hades did she end up with over 2/3's of her sentence being wiped away?
I wonder, wonder, wonder what she has planned for her federal case? Does she think she can pull this off again? Does she plan on turning evidence on others to get a deal? :maddening: :maddening: Something stinks here.
Hi, LCoastMom!! :seeya:
I don't know where the "60 years of hard time" was mentioned, so I can't speak to that, LCoastMom. ::
:: The years she got for 2nd DM comes from the NCGS Sentencing Guidelines for penalties for crimes. Her sentence was in the "aggravated" (maximum) range for someone with no or low prior felony points, so for a charge of 2nd DM, she was hit with the max in her category. If she had been given the minimum in her category, it would have been 7 years/10 months to 10 years/2 months. So apparently her atty couldn't or didn't even try for that level. (As if)
In 1994, NC did away with parole in sentences, and instead is using "Structured Sentencing" which has to do with what I mentioned above, having to do with "mitigated," "presumptive," and "aggravated" sentences and prior felony points, but there is a way of earning good-time, or whatever it is officially called, but it is
not a "one day forgiven for one good conduct day."
I still say that without a cause or method of death other than "homicide," I think a 1st Degree Murder case would have been a real crapshoot with a jury trial.
So, with regard to NC law, all I can do is to cite the North Carolina General Statutes section defining 1st & 2nd Degree Murder (hope this helps!). Just a little light reading
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SUBCHAPTER III. OFFENSES AGAINST THE PERSON.
Article 6.
Homicide.
§ 14‑17. Murder in the first and second degree defined; punishment.
A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14‑288.21, poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life without parole as the court shall determine pursuant to G.S. 15A‑2000, except that any such person who was under 18 years of age at the time of the murder shall be punished with imprisonment in the State's prison for life without parole. All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or cocaine or other substance described in G.S. 90‑90(1)d., or methamphetamine, when the ingestion of such substance causes the death of the user, shall be deemed murder in the second degree, and any person who commits such murder shall be punished as a Class B2 felon. (1893, cc. 85, 281; Rev., s. 3631; C.S., s. 4200; 1949, c. 299, s. 1; 1973, c. 1201, s. 1; 1977, c. 406, s. 1; 1979, c. 682, s. 6; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1251, ss. 1, 2; c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; c. 662, s. 1; 1987, c. 693; 1989, c. 694; 1993, c. 539, s. 112; 1994, Ex. Sess., c. 21, s. 1; c. 22, s. 4; c. 24, s. 14(c); 2001‑470, s. 2; 2004‑178, s. 1; 2007‑81, s. 1.)
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-17.html