Im not questioning or commenting as a VI here...I simply have a legal question.
What if she got home from OG and LH said something like, Mr. X knocked on the door while you were gone. He waved at me....What if this angered EG because she was afraid the LL would know shed left LH home alone...What if she lashed out at him, hit him, knocked him unconscious and he died shortly thereafter. Would that be considered an impulsive killing with malice aforethought?
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Disclaimer: I'm not a lawyer. Kansas statute 21-5402 states that 1st-degree murder can be charged if someone commits or attempts to commit child abuse and the child dies as a result:
Universal Citation: KS Stat § 21-5402 (2017)
21-5402. Murder in the first degree. (a) Murder in the first degree is the killing of a human being committed:
(2) in the commission of, attempt to commit, or flight from any inherently dangerous felony.
(c) As used in this section, an "inherently dangerous felony" means:
(G) abuse of a child, as defined in K.S.A. 2017 Supp. 21-5602, and amendments thereto;
K.S.A. 2017 Supp. 21-5602 cites:
21-5602. Abuse of a child. (a) Abuse of a child is knowingly:
(1) Torturing or cruelly beating any child under the age of 18 years;
(2) shaking any child under the age of 18 years which results in great bodily harm to the child; or
(3) inflicting cruel and inhuman corporal punishment upon any child under the age of 18 years.
(b) Abuse of a child is a severity level 5, person felony.
(c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any form of battery or homicide.
First-degree murder is punished by 25 to 50 years to life.
So it looks like Glass is screwed if the DA can prove she abused Lucas to the point of death, regardless of what she may claim happened. Certainly she can be offered a plea bargain on a lesser charge. Second-degree murder includes:
21-5403. Murder in the second degree. (a) Murder in the second degree is the killing of a human being committed:
(1) Intentionally; or
(2) unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life.
The punishment is 9-41 years years if unintentional and 12.5 - 54 years if intentional.
http://www.ksrevisor.org/statutes/chapters/ch21/021_054_0002.html
http://www.kslegislature.net/li_201..._article/021_056_0002_section/021_056_0002_k/
http://statelaws.findlaw.com/kansas-law/kansas-second-degree-murder.html
IMO as a layperson I don't think Glass will skate on manslaughter. MOO.