Why is she getting 2nd degree murder if it's premeditated? She planned to do it when she left Texas for Maine ....30 or so hours before doing it she knew she was going to do it, didn't she?
And who knows how long she could have been planning it before getting in the car...it could be days, weeks, months.
Did she know when she decided to leave her job?
The ride may have been longer than the estimated 30 hours....when was the last time she was seen in Texas? They could have been on the road for days.
Can someone who knows about it please explain the charges for me?
2009 New Hampshire Code
TITLE LXII CRIMINAL CODE (Includes Chapters 625 - 651-E)
CHAPTER 630 HOMICIDE
Section 630:1-b Second Degree Murder.
Share|
I. A person is guilty of murder in the second degree if:
(a) He knowingly causes the death of another; or
(b) He causes such death recklessly under circumstances manifesting an extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor causes the death by the use of a deadly weapon in the commission of, or in an attempt to commit, or in immediate flight after committing or attempting to commit any class A felony.
II. Murder in the second degree shall be punishable by imprisonment for life or for such term as the court may order.
Source. 1974, 34:2, eff. April 15, 1974.
2009 New Hampshire Code
TITLE LXII CRIMINAL CODE (Includes Chapters 625 - 651-E)
CHAPTER 630 HOMICIDE
Section 630:1-a First Degree Murder.
Share|
I. A person is guilty of murder in the first degree if he:
(a) Purposely causes the death of another; or
(b) Knowingly causes the death of:
(1) Another before, after, while engaged in the commission of, or while attempting to commit felonious sexual assault as defined in RSA 632-A:3;
(2) Another before, after, while engaged in the commission of, or while attempting to commit robbery or burglary while armed with a deadly weapon, the death being caused by the use of such weapon;
(3) Another in perpetrating or attempting to perpetrate arson as defined in RSA 634:1, I, II, or III;
(4) The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of New Hampshire or any state or any member or member-elect of the congress of the United States, or any candidate for such office after such candidate has been nominated at his party's primary, when such killing is motivated by knowledge of the foregoing capacity of the victim.
II. For the purpose of RSA 630:1-a, I(a), ""purposely'' shall mean that the actor's conscious object is the death of another, and that his act or acts in furtherance of that object were deliberate and premeditated.
III. A person convicted of a murder in the first degree shall be sentenced to life imprisonment and shall not be eligible for parole at any time.
Source. 1974, 34:2. 1986, 132:3. 1990, 199:2, eff. Jan. 1, 1991.
They may up her charge to first degree murder at a later point but it seems as though they have her charged under two counts. One charge states that she was reckless in killing him and the other was intent to kill, perhaps to allow a jury a choice as to what they believe happened from evidence presented or to allow for a plea.
She didn't have compounding felonies and may have some circumstance of diminished capacity that would have an effect on her judgement and reasoning, resulting in lesser charges.
Hopefully, DA will explain.