It’s interesting to watch Code seem to mirror the process that most who have followed these crimes seems to have gone through: trying to understand if Mark Smich is as culpable as Dellen Millard. That uncertainty was reflected in the jury recommendations as well. If Code is like most he will think long and hard and fairly - and then decide that yes, Smich is as culpable.
I remain unsure, mostly because I’m not sure how to think about it. If the measure is the damage and destruction and loss he was part of, and the anguish he caused, then yes. If it’s about his dangerousness at the time, then yes as well. But if weighting his direct actions relative to Millard’s direct actions in this case is relevant, it becomes more ambiguous. As it may if Code will assess the relative prospects of rehabilitation and the relative odds of being capable of walking around the earth as something other than a total psycho. Relative motives may matter as well, if he sees them as different.
Whatever his decision is it is likely to hew closely to the law, to precedents and to justice and fairness, and not be based on the kind of philosophizing I like to do! LOL. Or, he might be rebel judge and set a new precedent and let it be appealed in an effort to ultimately produce clarity in judicial latitude.
None of us seem to be prepared for anything other than consecutive for Millard. Wouldn’t THAT be something!
