Shot through floor kills woman downstairs

[Dave]

LYNN -- It was the powdery white dust that gave it away, police said. Called to Jean Lally's apartment Sunday morning, when she could not wake her daughter, police noticed it on her daughter's chest.

They wondered if the dust had come from the ceiling, and sure enough, when they looked up, there it was, a hole in the plaster above them.

In what prosecutors are calling a bizarre murder, Kathryn R. Lally, 38, was shot dead while watching television on her mother's couch.

link

i could have put this in the RW forum and possibly sparked both a drug and gun debate, but i found this to be so bizzare that a forum titled Lunatic Lounge seemed appropriate.
if someone wants to move it, feel free.

 

[A.B.Normal]

Wouldn't it be a homicide as opposed to first degree murder or are they leaving something out of the article?

In the legal sense, Murder is the crime of causing the death of another human being, without lawful excuse, and with intent to kill them, or with intent to cause them grievous bodily harm. When an illegal death is not caused intentionally, but is caused by recklessness (not in Australia) or negligence (or there is some defense, such as insanity or diminished capacity), the crime committed may be referred to as manslaughter or criminally negligent homicide, which is considered to be less serious than murder. In the United States, manslaughter is often broken into two categories: involuntary manslaughter and voluntary manslaughter.

http://en.wikipedia.org/wiki/Murder

 

[Winky]

''the most egregious example of overcharging"

Abby's right, it is manslaughter in the second degree
at most.

 

[Nixy]

Yeah, sounds like Manslaughter (which I have heard refered to and 3rd degree murder) but nothing more...maybe they are over charging cause they know it will be reduced and do not want it reduced lower than manslaughter?

 

[Inkara1]

When I joke about needing kevlar wallpaper in some of the apartments in Fresno... I'm not actually joking.

 

[chcr]

''the most egregious example of overcharging"

Abby's right, it is manslaughter in the second degree
at most.

What about negligent homicide?

 

[HomeLAN]

AKA "Depraved indifference". Without more facts coming to light, that sounds about right to me.

 

[SouthernN'Proud]

Yeah, sounds like Manslaughter (which I have heard refered to and 3rd degree murder) but nothing more...maybe they are over charging cause they know it will be reduced and do not want it reduced lower than manslaughter?

No more calls please, we have a winner.

Most DAs do precisely that. Indict on a greater charge, get the bigger bail amount set, then neogtiate down from there if need be.

State laws vary, so the definition of murder in one state may not be the same in another. Intent certainly is an enhancing factor, motive is as well, as are many others. In the case of an accidental discharge from a firearm causing the death of another person, there is no clear intent, yet the prosecutor may introduce things relating to culpability ("Were you not aware that firearms can be accidentally fired, and the result of that bullet's path is the responsibility of the owner of the firearm?")

But in the final wash, it'll be some flavor of Manslaughter or Criminally Negligent Homicide instead of Murder.