Ohio man charged with murder after fatal kick to the groin

[CZ Fan]

We have a left and right one... I suppose?

LoL.

 

[BangBang]

We have a left and right one... I suppose?

So if he had done this to Lance Armstrong it would've only been one count of murder?

 

[George P. Burdell]

Probably two "counts" of murder because of two different circumstances surrounding the one single act of murder:

1-- Murder during the course of a robbery (this might make the killer death-penalty eligible).
2-- Murder, without any reference to a robbery as an aggravating factor. Just "murder" by intentionally hurting somebody in a way that resulted in their death.
(P.S. Murder is not a "specific intent" crime. You do not have to intend for the victim to die. You simply have to intend to hurt the victim, and if that causes death, you're 100% responsible. It's pretty common for a victim of a bare-handed beating to fall and hit his head on the pavement and later die, due to brain injury. Those are murders, even if the person doing the punching thought he was only committing a misdemeanor battery which might earn him 30 days in jail and a $500 fine. The law says you bear all the risk of things going unexpectedly bad to your victim.)

Ive always wondered about this type of case. What would happen in a case like this if the victim refused proper treatment and died as a result? Maybe he could have survived without one testicle but he decided against the doctors advice. Still murder?

 

[Old Ranger]

I died a little inside just reading that!

Haha! I was thinking the same thing. Wow! what a ball buster!

 

[sheep dog]

Dang! That story is "nuts"!

 

[JamesG]

Ive always wondered about this type of case. What would happen in a case like this if the victim refused proper treatment and died as a result? Maybe he could have survived without one testicle but he decided against the doctors advice. Still murder?

Yeah that is why I am surprised by murder (and 2 counts). Murder, both 2nd and 1st degree require intent to kill. A kick in da' nads is definitely not considered an way to kill someone, and yeah, there are the complications if the victim's own negligence. Simple A&B that results in someone dying to me is manslaughter.

I donno what the DA was thinking, you'd think even a grand jury wouldn't accept this high a bar for a case and even an incompetent defense lawyer could fight his way out of such a wet paper bag of a charge... Maybe both the kicker and kickee were douchebags and the DA just wants to make him miserable for a while and spend a lot of money on one of his country club golfing buddys?

 

[cskiles]

DJD

 

[sheep dog]

Maybe encorporate a cup in your edc?

 

[El Jefe 2.0]

You kick a man in the nuts so hard it kills him, it counts twice.

One for each balls means 2 counts

 

[ironhead7544]

It happened during another crime, the robbery. If someone dies due to a crime, it becomes a homicide for everyone involved in that crime.