Al Hoffman
For Ashley Andrews and Murray
- Joined
- Aug 11, 2018
- Messages
- 987
- Reaction score
- 5,536
IMO it doesn't matter what type of weapon. He used it. If it was simply something he had in his car he still had to get it. Intent. He retrieved the item with intent to kill.
Not necessarily in the case the State is building. If CR brought the knife with him, and used it in the commission of the crime, the presence of a knife shows intent.
But, suppose he tackled MT when she went for her phone and slamed her head on the ground to stun her, thus creating the head wound he spoke about. He then carries MT to the car and tries to put her in the trunk. She comes to, and fights like a wildcat, in the heat of the moment, CR grabs a Phillips head screw driver, laying in the trunk, and stabs her to subdue her, killing her by 8:28 p.m. at 1900 385th Ave. In this second scenario, the murder weapon does not prove intent, anymore than a rock taken from the side of the road, and used to kill someone. However, CR's actions leading up to this point do show specific intent to allow for a Murder One charge, along with elements of the felony murder rule.
Like nailing Jello to the wall, this case is.
Last edited: