Reply to Fairfax County Double Murder

Forum Index » Off-Topic

Reply to "Fairfax County Double Murder"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous]The victim smearing is really making my blood boil. BB has not only committed double murder but also is humiliating his poor wife in the process. Imagine how awful this must be for her family.

I wish him nothing but a slimy place to rot in prison. I hope he gets assaulted daily once he finally goes to jail.[/quote]

Do you not understand how trials work? It’s not the defense’s job to provide a story. It’s their job to poke holes in the prosecution’s story.  The defense doesn’t have to prove anything except the prosecution is wrong.

[/quote]

For AP's trial, the state will be able to show that she admitted to firing on JR when he was on the floor writhing in pain, and that she shot him and he bullet killed him.

In VA, 2nd degree murder "generally includes murders that were committed in the 'heat of the moment,' without any form of planning or premeditation, but with malice. Malice can mean many things. It could mean the accused was reckless in his or her conduct, the offender intended to cause injury, or the conduct had a very high risk of causing another person's death and the offender simply did not care."

When someone has been shot in the head, a jury is not going to see them as a significant threat to AP's safety.  There has never been any evidence that JR was in the process of attacking BB or CB or AP AFTER he was shot in the head.  I believe there has been a statement from AP that JR "moved" and then she shot him.

That would qualify as malice and support 2nd degree murder.  A man who has been shot in the head may very likely move in pain.

Most likely, AP's lawyers will tell her not to testify.  Her defense will be based completely on her lawyer's ability to paint a picture that JR was still an on-going threat to AP's safety or someone else's safety when she shot the gun.

It's going to come down to whether the jury believes that JR, suffering from a bullet to the head, was still a threat to anyone.  The forensics on exactly where the bullet went through his head, where JR was when he was shot (i.e. was he on the ground when AP pulled the trigger?)  and what the medical experts say his functioning was, as well as AP's own words in her statement to police ==>  that will be what the jury will use to decide AP's case.

All of the other details are irrelevant.  The only thing that matters for 2nd degree murder is whether VA prosecutors can show evidence of legal "malice" in pulling the trigger on a guy who was already shot in the head.

If VA can show that JR was on the ground and the bullet came from above him, I think that would be enough for a jury.  If he was standing up and staggering around when she pulled the trigger, it gets a little more difficult, but I still think a jury could find that she was guilty.  Her initial statement and the medical function testimony becomes more important in that case.

[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics