Suspect in Train Crash Is Charged With Multiple Murder Counts
The guy who started to commit suicide by train and then decided against it - bailing out but leaving the stuck vehicle for the train to hit - is facing 11 capital murder charges.
I don't know California law but I'd think they are proceeding under a "felony murder" theory. In a felony murder a person commits first-degree murder if any death results from the commission of violent felonies whether the death was intentional or not. Basically, if you commit a crime wherein there is a significant chance that someone could be killed it is a capital murder if someone is killed. .
But I think the prosecutor will have problems with Penal Code sec. 219 which requires the act causing the wreck to have been done with the intent to derail.
3 comments:
carpundit,
I don't know California law but I'd think they are proceeding under a "felony murder" theory. In a felony murder a person commits first-degree murder if any death results from the commission of violent felonies whether the death was intentional or not. Basically, if you commit a crime wherein there is a significant chance that someone could be killed it is a capital murder if someone is killed.
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Yeah, I found it under 190.2 a (17)(I) too.
But I think the prosecutor will have problems with Penal Code sec. 219 which requires the act causing the wreck to have been done with the intent to derail.
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