[EddyR1]

After reading this now I wonder if you
could be charged for "murder" if you run
from the cops and the cop dies in an accident
from chasing you.

This is from Palm beach, FL


Deputy Schavolt suffered a fatal heart attack after being kicked in the chest by a suspect during an arrest attempt. He and three other deputies had found a drunk man lying in a road in the early morning hours and arrested him. The suspect violently resisted arrest and it took four deputies to restrain him in handcuffs and leg restraints. As the deputies placed him in the patrol car the suspect kicked Deputy Schavolt in the chest. Deputy Schavolt collapsed shortly after the assault and died several hours later. The suspect was charged with second degree murder as a result of Deputy Schavolt's death.

 

[speedkilz]

Why shouldn't he be charged? I doubt the deputy would have died if he wouldn't of gotten kicked in the chest. Besides, most states have something called the felony murder doctrine. It basically states that during the comission of a felony, if anyone gets killed or dies, then the person charged with the felony is responsible. Say, Joe Schmoe, the average everday citizen carries a gun. He happens to be in a bank when it gets held up. He sees an opportunity to put down one of the bank robbers and takes it. Well, Joe Schmoe isn't too hot with the shooting iron, so he missed and catches a bank teller right between the eyes. Guess who gets charged? The guy robbing the bank. I suppose they could charge Joe with something too, but the bank robber will definitely get charged for murder.:machinegu

 

[jRaskell]

I'm not worried. They still haven't crossed the line of INDIRECT involvement in the event. I'm assuming it was concluded by the Doctors that the kick to the chest caused the heart attack and eventual death. There are no new precedents there. If a physical assault causes a condition that kills a person (whether it be heart attack, respiratory failure, brain damage, organ failure, etc) that is second degree murder. It always has been, whether the victim was a cop or not. Your scenario would only be valid if the fleeing driving in some way caused the accident that killed the officer (again, directly inflicting injury) But if the cop loses control of the vehicle in a way that was not a DIRECT result of your own actions (ie he tries turning a corner too fast and spins out of control into a tree, without any contact with you), that is not a direct result of your actions. I'm not at all worried about something like that holding up in court.

 

[dissident]

Joe Schmoe doesn't get charged with anything because his intent (to kill the robber) gets transferred to whoever he shoots. As you mentioned, the robber takes the blame.

Of course, with all the nice lawyers we have, Joe Schmoe does get nailed in civil suits (and sometimes, even by the robber's family!). Those bastards.

 

[Solidus]

That's right...............

We just had a case like that here in Orlando. Guy goes to pick up his son working at Blockbuster. He's sittin at the counter shooting the shit with his son's manager while the son is in back getting his crap. Idiot walks in with a :machinegu . Tells the father not to move and goes to point the :machinegu at the manager behind the register. The father (concealed permit holder and owner of a .45cal Glock) pulls his:machinegu and shoots idiot in the chest. Idiot goes down. Idiot brought a buddy who had no:machinegu . When he sees idiot get:machinegu . He tries to pick up the :machinegu . Well dad is quicker on the draw and :machinegu idiot #2. End of scene. Idiot #2 dead, kaput, tot, somewhere stankin, sleepin with fish. Idiot #1 fugged up and facing a murder charge for the death of idiot #2. The father was a bit shook up. It turned out that idiot #2 had a jacket for sales and delivery, agg assault, robbery and auto theft (he was also a cyrrent employee at that same blockbuster, they were trying to save money by not running the $13.00 background checks). Both idiots were 17. Here in fla. , if someone is harmed in the commision of a crime the offender is responsible, criminally and civily.:beer

 

[R1_Stunta]

In england, a while back, 2 men robbed a bank. they escaped through the roof and were being chased by a cop. The man in front, with no gun screamed "Shoot him", and the man with the gun shot him.

The man who shot got life, the other guy, who told the guy to shoot, got death.

I say **** em both, shoulda served 40 years each then been killed by shoving huge dildo's in their ass and letting them bleed to death, or plugging their ass's till shit backwashes into their stomach and throat (yes, it can and has happened) and killed them, but the point is, who's to say who's more guilty?

 

[Eyespy]

After reading this now I wonder if you
could be charged for "murder" if you run
from the cops and the cop dies in an accident
from chasing you.

Does that potentially affect your own decision as to whether or not you'd personally run?

 

[RLMEsq]

I'm not worried. They still haven't crossed the line of INDIRECT involvement in the event. <snip> Your scenario would only be valid if the fleeing driving in some way caused the accident that killed the officer (again, directly inflicting injury) But if the cop loses control of the vehicle in a way that was not a DIRECT result of your own actions (ie he tries turning a corner too fast and spins out of control into a tree, without any contact with you), that is not a direct result of your actions. I'm not at all worried about something like that holding up in court.

Actually, running is the proximate (legal) cause of the cop's death in this scenario. Apply the "but for" test -- but for the bike running, the cop would not have crashed.

It might make second degree murder, under an implied malice theory (rider acting with "depraved indifference" to the fact his actions could result in death). Felony murder, discussed above, would be harder. In CA, it's more likely to fall under Vehicle Code 2800.3 -- evading resulting in serious injury or death.

So you'd spend 5 years as Bubba's girlfriend at San Quentin instead of 15-life. Big deal, he's still gonna tell you to take it in the :butt every night. I'd rather look at :boobies for the next few years.

(This is not specific legal advice. Licensed in CA only. Contact a lawyer in your jurisdiction, local laws may vary. And for the love of god, if something like this happens to you, talk to a lawyer immediately and don't go posting it on the Internet where it becomes evidence against you!)