Reply to Va. man brutally beaten 10 years ago dies from his injuries

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It was murder by imprisonment - that constitutes 1st degree murder in the West Virginia code.

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No, it wasn't.  But you're cute for trying.[/quote]

They purposely assaulted him which led to his false imprisonment (vegetative state) and ultimately his death.[/quote]

His there case law on this (I hope)? [/quote]

*Is [/quote]

I'm not a lawyer so I don't know.  But, even if there is no precedent, there is a first time for everything.  This kid needs justice.[/quote]

Just regular old murder is fine.  There's no reason to make up novel theories like that.[/quote]

There has to be some sort of precedent or murder by imprisonment would not be in the West Virginia code.[/quote]

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.[/quote]

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