Murder by imprisonment:
https://law.justia.com/cases/federal/district-courts/FSupp/544/569/1686667/ |
Write letters and hound the prosecutor |
The parents posted bail immediately (at the beginning) - anyone notice that? Just look at their smug faces. If they were so worried about "their boys" maybe they should have addressed their respective spoiled states and anger issues. |
1) may then never live "normal lives" 2) may they never be able to get a job, except for maybe picking up garbage on the side of the highway 3) may they be forced to "volunteer" 40 hours a week at hospitals where patients just like Ryan lie in vegetative states |
Site? I had it earlier and will keep looking, but thought if you might have it, you could post it, so we can flood the prosecutor with our pleas. |
What are you babbling about? |
| Out on parole after four years after (allegedly) kicking a human being’s head like he was punting a football? |
What specifically do you not understand about the above? |
It’s a word salad of weird speculation. |
I agree the post is unclear, but you are unnecessarily harsh. |
"unnecessarily harsh" was beating this poor man into a vegetable. |
Not if you understand the law. In order to convict for murder, you have to show that the accused’s actions were the proximate cause of the victim’s death, and that there was nothing that happened in between the accused’s actions and the death that more directly caused the death. In this case, if there were evidence suggesting that the infection that led to Diviney’s death might have been contracted because one of his parents had gotten lax about hand washing, or because of an outbreak of that infection at a hospital where Diviney had a procedure, it breaks the causal connection between the assault and his death because the assault itself didn’t cause the infection, it was someone else’s error that actually cause the infection, even if the consequences of the assault made him more susceptible to infection. Taking it out of this highly charged context, let’s say you cause a car accident when you accidentally rear-end someone. The other driver suffers a broken wrist and goes to the ER by ambulance for treatment. But on the way there, the ambulance gets into an accident and the other driver dies in that accident. Should you be convicted of vehicular manslaughter? After all, the other driver never would have gotten into that second accident in the ambulance if you hadn’t read-ended them in the first place. Or is the proper answer that you are only liable for the injury you directly caused in your own accident (the broken wrist)? |
The statute is rooted in cases where someone affirmatively imprisoned someone (i.e., keeping them forcibly restrained in a basement as a slave or something) and the conditions of imprisonment led to the victim’s death. The perpetrator doesn’t have to intend to cause death, but they do have to knowingly/deliberately keep the victim imprisoned. What pp is talking about it not that. While you can say that this guy was figuratively “imprisoned” in a vegetative state after the assault, he was not literally imprisoned by his assailants. They assaulted him, but they didn’t chain him in a closet somewhere. And while they obviously intended to assault him, a prosecutor would never be able to prove they intended to “imprison” him in a vegetative state. |
Are some beatings gentle? Why the use of the word “brutal?” |
Not an apples to apples comparison. His vegetative state killed him. They caused the vegetative state. |