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View Diary: AL lesbian viciously beaten by girlfriend's brother in horrific Thanksgiving Day hate crime (238 comments)

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  •  It was second degree murder (8+ / 0-)

    by depraved indifference. His murderer was in a car than pulled up next to Sean. He got out of a car, walked up to Sean, called him a "faggot", punched him and then fled. There was malice intent in his act and it was committed without concern for its result.

    "Lesbian and gay people are a permanent part of the American workforce, who currently have no protection from the arbitrary abuse of their rights on the job." --Coretta Scott King

    by craigkg on Mon Nov 26, 2012 at 06:04:50 PM PST

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    •  malice and lack of concern (2+ / 0-)
      Recommended by:
      Sychotic1, kpardue

      is why it was involuntary manslaughter. Depraved indifference has a much higher threshold. To quote one court:

      "to bring defendant’s conduct within the murder statute, the People were required to establish also that defendant’s act was imminently dangerous and presented a very high risk of death to others and that it was committed under circumstances which evidenced a wanton indifference to human life or a depravity of mind"
      From the circumstances you've given (there may be more you can tell) punching someone in the face is not prima facie a very high risk of death to others.

      Classic examples of depraved indifference is killing someone as a result of intentionally driving a car down a sidewalk or dropping a rock from an overpass.  

      47 is the new 51!

      by nickrud on Mon Nov 26, 2012 at 06:22:41 PM PST

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      •  Also, if you say, "when your friend wakes up." (0+ / 0-)

        It suggests it hasn't occurred to you that what you did might have killed him?

        Thanks for the legal clarification.

        "Jersey_Boy" was taken.

        by New Jersey Boy on Mon Nov 26, 2012 at 07:01:24 PM PST

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