Judicious1
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- Jan 26, 2014
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Does this mean it must be charged though? But then the cruelty charges stem from the belief that he knew that Cooper was there. But then if LE and DA knew the charge of child cruelty was going to generate an automatic need to also charge murder, then it is telling the way this has been charged. Fact is, it could have been charged with a lesser crime and then as new evidence was uncovered or came to light more charges be added.
Its my understanding in this type case they have to charge for the felony act if they want to convict on the highest murder charge the state allows without any direct motive or evidence that his original intention was to kill and the neglect happened via the murder attempt. If they can prove he knew he was leaving his child alone in the car and did so intentionally, doesn't matter if he thought the child might die, its reasonable that he could and that's enough to back up the current charge.
Manslaughter would have been a better way to go in my opinion. Doesn't matter if there was intent to leave him there... He did and he was in his care and due to his negligence the child died.
Regardless ...unless there is an eye witness to Ross's intentions or hard evidence that he acted with malice, any charge will be hard to prove beyond a reasonable doubt. But lets see the evidence before I get ahead of myself.
Its my understanding in this type case they have to charge for the felony act if they want to convict on the highest murder charge the state allows without any direct motive or evidence that his original intention was to kill and the neglect happened via the murder attempt. If they can prove he knew he was leaving his child alone in the car and did so intentionally, doesn't matter if he thought the child might die, its reasonable that he could and that's enough to back up the current charge.
Manslaughter would have been a better way to go in my opinion. Doesn't matter if there was intent to leave him there... He did and he was in his care and due to his negligence the child died.
Regardless ...unless there is an eye witness to Ross's intentions or hard evidence that he acted with malice, any charge will be hard to prove beyond a reasonable doubt. But lets see the evidence before I get ahead of myself.