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View Diary: Upper Big Branch Disaster: Massey Kept Two Sets Of Safety Books! (147 comments)

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  •  Either charge is plausible (12+ / 0-)

    IANAL, but I'm leaning towards Murder 1, with a lesser included charge of Murder 2.  Murder 1 because he knowingly took criminal actions that could reasonably be expected to cause death.  That is premeditation.  Murder 2 because if you don't think he really really thought it would cause death directly, then he nonetheless showed the depraved indifference needed to sustain a murder charge.

    On the other hand, fraudulent record-keeping could be a felony, and thus felony murder charges could apply, though that tends to vary by state.  So they could get him either way.

    The corporate veil should be pierced here.  Blankenship is a mass murderer, pure and simple, no less guilty than say a Whitey Bulger or John Wayne Gacy.  UBB should be his Waterloo.

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