GUILTY AK - Kristy Manzanares, 39, killed aboard Emerald Princess, Juneau, 25 July 2017 *husband arrested*

[Lilibet]

It's interesting to take a look at AK law regarding first and second degree murder. It appears that the difference between first degree and second degree murder is intent. Is the intent to cause death or is the intent to cause serious physical injury (knowing that the conduct could cause death)? That's going to be tricky for LE to determine and we certainly don't know whether he intended to kill her or injure her. But he certainly would know that beating her on the head could cause death, so the least charge he can face would be second degree murder.

I imagine LE also considers his actions after killing her. But I'm not sure that attempting to drag her to the balcony (presumably to throw her overboard) necessarily indicates that he had intended to kill her. But it certainly makes him look worse. I'll be interested to know how they view that. And of course, if he recently purchased a few large life insurance policies on her, all bets are off IMO.

A defense for murder is "heat of passion" in a reasonable (not intoxicated) person resulting from serious provocation by the victim. However, insulting words or gestures by the victim do not constitute serious provocation. There goes the "she wouldn't stop laughing at me" defense.

All italics by me...

Sec. 11.41.100. Murder in the first degree. (a) A person commits the crime of murder in the first degree if (1) with intent to cause the death of another person, the person (A) causes the death of any person;

Sec. 11.41.110. Murder in the second degree. (a) A person commits the crime of murder in the second degree if
(1) with intent to cause serious physical injury to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to another person, the person causes the death of any person;
(2) the person knowingly engages in conduct that results in the death of another person under circumstances manifesting an extreme indifference to the value of human life;

Sec. 11.41.115. Defenses to murder. (a) In a prosecution under AS 11.41.100(a)(1)(A) or 11.41.110(a)(1), it is a defense that the defendant acted in a heat of passion, before there had been a reasonable opportunity for the passion to cool, when the heat of passion resulted from a serious provocation by the intended victim.

(2) "serious provocation" means conduct which is sufficient to excite an intense passion in a reasonable person in the defendant's situation, other than a person who is intoxicated, under the circumstances as the defendant reasonably believed them to be; insulting words, insulting gestures, or hearsay reports of conduct engaged in by the intended victim do not, alone or in combination with each other, constitute serious provocation.

http://www.legis.state.ak.us/basis/statutes.asp#11.41.100

 

[FieryNugget]

I don't think it was premeditated. If a man planned to kill his wife on a cruise, he could have done it in a less obvious way.
Doesn't make it much less horrific, though.

Premeditation doesn't mean he took her on a cruise to kill her.

Premeditation can happen between the first blow to her head and the fifth blow.


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[everybodhi]

Cruise Critic members discuss incident onboard Emerald Princess:

http://boards.cruisecritic.com/showthread.php?t=2525804

Interesting snippet from that board.

"When on the Ultimate Ship Tour on the Grand last month, one of the stops was the infirmary/hospital. Questions about deaths during a cruise came up. The doctor hosting that section of the tour said on average a death occurs every two weeks. And that is on that ship alone. Once, several years ago, they had three on a single 7 night cruise. Most are due to natural causes or illness, with no mention of the frequency of foul play.

That means that the average ship might have to deal with 26 deaths per year!"

 

[Meryl12]

When I heard the case, the idea that she laughed at him was just a tipping point for Kenneth Manzanares. I thought injustice collector. Injustice collectors bottle up lifelong resentment. I would not be surprised if he is one.

Murderous Envy
https://www.psychologytoday.com/blog/keeping-kids-safe/200905/murderous-envy

An injustice collector....that was the terminology I was trying to think of when I typed that post. YES! I agree he was smouldering with envy at his wife's successful career when he was not as successful in his own eyes. Instead of being content in their relationship he was always comparing himself to her - and becoming more and more resentful and envious and as always - controlling.
I still think being confined to their accommodation quarters was the last straw - she had nowhere to go to get away from him.

 

[Lilibet]

Premeditation doesn't mean he took her on a cruise to kill her.

Premeditation can happen between the first blow to her head and the fifth blow.


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Probably a lot of people think of Mark Sievers plotting and hiring people to kill his wife Teresa when they think of premeditation. But you're absolutely right that premeditation can happen in seconds.

I like the way the AK statutes I quoted above use the word "intent" instead of "premeditation" to define types of murder charges. It seems less confusing than "premeditation"...to me anyway. It's certainly true that intent can change from intent to injure (murder 2) to intent to kill (murder 1) between the first and fifth blow. Whether that happened in this case remains to be seen and may be tough to sort out. Either way, his life as a free man is over for many years.

 

[Daephine]

Interesting snippet from that board.

"When on the Ultimate Ship Tour on the Grand last month, one of the stops was the infirmary/hospital. Questions about deaths during a cruise came up. The doctor hosting that section of the tour said on average a death occurs every two weeks. And that is on that ship alone. Once, several years ago, they had three on a single 7 night cruise. Most are due to natural causes or illness, with no mention of the frequency of foul play.

That means that the average ship might have to deal with 26 deaths per year!"

I'm not surprised... I've taken a cruise to Alaska and most guests seemed older in age.

It definitely happens more than we think. Ugh, I try not to read statistics because it gets difficult to think about staying in hotels, cruise ships, even airplanes, knowing that someone possibly passed away in that seat or room. I get that it's normal, but omg.

 

[Pamela_Brewer]

This was not premeditated. The daughter was in the room with them when this was happening and the wife was laughing scornfully at him, I presume, and the daughter knew he would explode. He probably has a temper. He should have forgiven her and walked away.

Didn't they have adjoining rooms?

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[Pamela_Brewer]

He tried to throw her body overboard.

He knew what he did was wrong and wanted to get rid of the evidence.

He was calculating and worried only about himself. He showed no remorse.

I don't think this was accidental nor a case of poor impulse control.


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He had All of his/her? family in adjoining rooms/ a few doors AWAY! What did this woman deal with when NO ONE was around???
MOO

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[gitana1]

i agree. he moans about his life being over, what about the mother of your kids. she doesnt have a life anymore thanks to your. your daughters lives is forever changed because of you. too bad you just couldnt walk away instead of being hot headed and killed. :maddening:

This says everything about who he is. I remember watching an episode of COPS once years ago where the dad shoved his wife and kicked her in the chest. She died. They showed the paramedics frantically trying to revive her but it was clear she was gone. There were kids there screaming and crying (I can't believe they showed all that.

Clearly only an abuser would harm his wife or girlfriend in such a way. But the man was crying over and over, "what have I done? I didn't mean too!"

Not this guy. He ctied that his life was over and then tried to toss the body overboard. That tells me what kind of man he is. Abusive and remorseless.

I think it was premeditated.

Even the daughter was quoted as saying she knew he'd do something like this.


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The facts don't lend themselves to premeditation. I think the irl was referring to on-going issues of violence on his part.

He tried to throw her body overboard.

He knew what he did was wrong and wanted to get rid of the evidence.

He was calculating and worried only about himself. He showed no remorse.

I don't think this was accidental nor a case of poor impulse control.


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The fact that he was trying to dispose of a body in full view of relatives who trying to stop him shows he was out of control, not vacillating, IMO.

Premeditation doesn't mean he took her on a cruise to kill her.

Premeditation can happen between the first blow to her head and the fifth blow.


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True. But that's not the kind of case usually prosecuted as first degree murder. This seems like a solid second degree case- a rage killing.

 

[Boopsquared]

She supposedly began laughing hysterically at him and wouldn't stop. He got really angry over this and killed her. When people entered the room, he even tried to throw her body overboard.
www.newser.com/s246375


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[Meryl12]

They were school sweethearts who stayed together, married, had a family, then it all ended in him killing her.
In reality, probably, his controlling behaviour trapped her and she couldn't get away from him, she probably married him because she had no way out and she had learned how to manage his violent behaviour. The child/children on the cruise with them said he was always violent to their mother and they knew he would kill their mother one day.
The Alaskan laws sound as though they won't give his defense much wriggle room, I liked the fact of "Intent" instead of "Premeditation". That is something that will give him cause for concern. I hope that also means his term of imprisonment will have to be served in Alaska also. (Maybe I am hoping for too much). (I really don't know where the world's meanest gaols are).

 

[Adrianna]

Interesting snippet from that board.

"When on the Ultimate Ship Tour on the Grand last month, one of the stops was the infirmary/hospital. Questions about deaths during a cruise came up. The doctor hosting that section of the tour said on average a death occurs every two weeks. And that is on that ship alone. Once, several years ago, they had three on a single 7 night cruise. Most are due to natural causes or illness, with no mention of the frequency of foul play.

That means that the average ship might have to deal with 26 deaths per year!"

I was recently on a cruise and two people died, another three where medic vac'ed I think that has a lot to do with the average age of people on cruises.

 

[BetteDavisEyes]

Interesting snippet from that board.

"When on the Ultimate Ship Tour on the Grand last month, one of the stops was the infirmary/hospital. Questions about deaths during a cruise came up. The doctor hosting that section of the tour said on average a death occurs every two weeks. And that is on that ship alone. Once, several years ago, they had three on a single 7 night cruise. Most are due to natural causes or illness, with no mention of the frequency of foul play.

That means that the average ship might have to deal with 26 deaths per year!"

When you are onboard and someone passes, unless it is an incident like this homicide that impacts all passengers (crime, FBI investigation) passengers are rarely aware of it. There was a death on one of our cruises, and we only learned about it while watching a coroner's van pull up to the ship's gangway and saw a covered gurney loaded onto the vehicle. We were still on the ship watching from our balcony while other passengers disembarked at the port as soon as the ship docked. We later learned that an older gentleman passed during the night.

 

[jjenny]

Premeditation doesn't mean he took her on a cruise to kill her.

Premeditation can happen between the first blow to her head and the fifth blow.


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Whose definition is that exactly?
Here is what legal dictionary says.


. "planning, plotting or deliberating before doing something. Premeditation is an element in first degree murder and shows intent to commit that crime. (See: malice aforethought, murder, first degree murder)"

http://legal-dictionary.thefreedictionary.com/premeditation

 

[Elainera]

Actually, thinking about it some more, the fact that he tried to throw her overboard shows intent to kill imo. Everybody in this day and age knows that someone lying on the ground after an attack and appearing to be dead, not breathing etc, could possibly be revived. Many have been revived if help gets there soon enough. So, instead of getting help when she was down, he proceeded to make sure she would stay dead by trying to throw her in the ocean. She might not have even have been dead yet when he did that, who knows. She might just have stopped breathing, maybe her heart was still beating.

Do we know how long after the witness held on to her ankles and security entered the room a doctor came to establish whether she was deceased? Did anyone try CPR at all?

 

[Niner]

From a Google Alert -sharing

http://people.com/crime/5-things-to-know-kristy-manzanares-murder/

The federal affidavit describes a grisly scene: Kristy was found in a pool of her own blood and she had a severe head wound, but authorities have declined to release other details in the case.

 

[Lilibet]

Whose definition is that exactly?
Here is what legal dictionary says.


. "planning, plotting or deliberating before doing something. Premeditation is an element in first degree murder and shows intent to commit that crime. (See: malice aforethought, murder, first degree murder)"

http://legal-dictionary.thefreedictionary.com/premeditation

Thanks. That helps. This definition in bold below makes premeditation even clearer to me...

It appears to correct the assumption that premeditation could occur between the first and fifth blow. It has to occur before the killing starts, but it can happen very quickly. So my comment earlier in my post about AK law where I said that intent could change from injury to murder in the midst of the beating is probably just as wrong as saying premeditation could occur in the midst of the murder. The debate about "premeditation" in this case is probably moot since AK law does not mention it...it only mentions intent as far as I could see. But it's useful to understand it for other cases.

Deliberation and Premeditation
Whether a killer acted with the deliberation and premeditation required for first degree murder can only be determined on a case by case basis. The need for deliberation and premeditation does not mean that the perpetrator must contemplate at length or plan far ahead of the murder. Time enough to form the conscious intent to kill and then act on it after enough time for a reasonable person to second guess the decision typically suffices. While this can happen very quickly, deliberation and premeditation must occur before, and not at the same time as, the act of killing.

Underlined by me

http://criminal.findlaw.com/criminal-charges/first-degree-murder-overview.html

 

[Lilibet]

Actually, thinking about it some more, the fact that he tried to throw her overboard shows intent to kill imo. Everybody in this day and age knows that someone lying on the ground after an attack and appearing to be dead, not breathing etc, could possibly be revived. Many have been revived if help gets there soon enough. So, instead of getting help when she was down, he proceeded to make sure she would stay dead by trying to throw her in the ocean. She might not have even have been dead yet when he did that, who knows. She might just have stopped breathing, maybe her heart was still beating.

Do we know how long after the witness held on to her ankles and security entered the room a doctor came to establish whether she was deceased? Did anyone try CPR at all?

You make a good point. I was thinking he was trying to dispose of her body (a lot of good that would do with blood all over). But it's quite possible he was trying to make sure she died by putting her beyond help. That does change the consideration of intent IMO.

 

[gitana1]

They were school sweethearts who stayed together, married, had a family, then it all ended in him killing her.
In reality, probably, his controlling behaviour trapped her and she couldn't get away from him, she probably married him because she had no way out and she had learned how to manage his violent behaviour. The child/children on the cruise with them said he was always violent to their mother and they knew he would kill their mother one day.
The Alaskan laws sound as though they won't give his defense much wriggle room, I liked the fact of "Intent" instead of "Premeditation". That is something that will give him cause for concern. I hope that also means his term of imprisonment will have to be served in Alaska also. (Maybe I am hoping for too much). (I really don't know where the world's meanest gaols are).

I think we have varying charges and punishments for a reason. I don't think someone who kills his spouse in the heat of passion is the same as someone who kidnaps, holds as captive and rapes and tortures a child, for example, before killing them, like Duncan did in the Groene case.

I mean if everyone is charged with the stiffest charges, where do we
go with the worst of the worst?

 

[winelover]

The Alaskan laws sound as though they won't give his defense much wriggle room, I liked the fact of "Intent" instead of "Premeditation". That is something that will give him cause for concern. I hope that also means his term of imprisonment will have to be served in Alaska also. (Maybe I am hoping for too much). (I really don't know where the world's meanest gaols are).

Will this be prosecuted federally? If so will the federal definitions of murder and subsequent punishment be used rather than Alaska's?