Arizona girl, 2, left in car by father on 109-degree day and is found dead #2

[Weki]

....He deliberately and repeatedly used the car as a babysitter/playpen for multiple children for hours. In Arizona. With full knowledge that the car automatically shut off at 30min.

I know - the fact remains that the state will be required to prove he intended to kill the child. That he had the state of mind to kill. Not that he was a bad father. Not that he was negligent. But he did the above purposely to kill the child. Maybe he did but the state has to PROVE it beyond a reasonable doubt. It’s a high burden for murder.

JMO

 

[Bounceycat]

I know - the fact remains that the state will be required to prove he intended to kill the child. That he had the state of mind to kill. Not that he was a bad father. Not that he was negligent. But he did the above purposely to kill the child. Maybe he did but the state has to PROVE it beyond a reasonable doubt. It’s a high burden for murder.

JMO

13-1105 - First degree murder; classification

13-1105. First degree murder; classification

A. A person commits first degree murder if:

1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

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Bolding is mine, for emphasis. I don't think they'll have trouble at all showing he knew his actions could result in death. So even if there is not active intent, there is knowledge.

 

[mickey2942]

I think what will nail this, is the text from the mother, "I told you to stop leaving them in the car.".

That is the problem here for CS. I see him taking a plea at some point in time.

 

[Angelcat13]

13-1105 - First degree murder; classification

13-1105. First degree murder; classification

A. A person commits first degree murder if:

1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

---
Bolding is mine, for emphasis. I don't think they'll have trouble at all showing he knew his actions could result in death. So even if there is not active intent, there is knowledge.

Like you, I hope and pray that a jury would find him guilty. But, playing Devil’s Advocate and admittedly because I don’t know, what could be the legal interpretation for 1st degree murder of “knowing…WILL cause death” vs knowing…MAY cause death?

 

[Charlot123]

I know that sociopaths (ASPD) can often be very charming, which is how they get away with their manipulation, but I see NOTHING remotely charming or attractive in that a-hole and Dr Mom is very good looking. We know she's dysfunctional but, man, that guy is such an unattractive loser. Maybe her father was an abusive alcoholic enabled by her mother. Something is sure wrong with her.

I am not quite sure that he has antisocial personality disorder. ASPD is the only one diagnosed before 18 years of age. These are kids who, more often than not, get in groups and behave against the norms of the society. Get in a group and steal, get a neighbor's car for a joyride, lie, be truant, drink and use drugs, get in fights, rebel. Of interest, most of these traits burn out by mid-30es, and also of interest, most successful treatment is via group settings. Put such a kid into wrestling where the coach would say, "one more time, and I kick your behind out", and half of the behavior is gone. Army setting is curative, too. People with ASPD do grow, they are just a headache for the society in the process.

But I don't see any group in the background for CS. He hasn't matured at all. He is sitting days on end at home, alone, playing his PS. Stealing a can of beer and drinking it in a public toilet could indicate antisocial traits in a 14-year old. In someone close to forty, I don't know even know what it is. An alcoholic with catastrophic hygienic habits and poor sense of smell, maybe?

 

[ChatteringBirds]

know - the fact remains that the state will be required to prove he intended to kill the child.

. Intending or knowing that the person's conduct will cause death, the person causes the death of another person,

Earlier in the thread, I linked the information for Arizona. First degree murder can also mean a child dies due to child abuse, without having to prove intent, IMO. (See section 2.)

13-1105 - First degree murder; classification

It sure doesn't feel like this case will go to trial, though.