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Originally Posted by Platapus
I think that would be a very hard defense to support.
I think all the prosecution needs to do is bring up the statistics of the number of people who have been killed, maimed, or injured by "blank ammunition" and the guy is going to go away for a while.
How would the defense prove that this guy was not aiming at the woman? I think there is a reasonable presumption that if someone shoots a gun at someone in anger, they intend to hit them, regardless of their actual ability to aim.
Not sure if the second degree murder charge will stick, but it sounds reasonable as an initial charge.
Does anyone know what the projectile range of a .44 mag blank round is?
We could ask Jon-Erik Hexum.  |
Could argue intent, I have seen it work in attempted murder cases.Like I said, takes one juror to tank the case.Honestly, he should be charged with Aggravated Assault or whatever the equivalent charge is there, much stronger case than attempted murder.That is an attitude that needs to change among prosecutors, overcharging people is why Casey Anthony is free.Zimmerman is free because of this.While he should not have been charged at all, if they had went for a lesser charge, doubt he would he would have gotten a not guilty.