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.
carpundit,
ReplyDeleteI 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.
ReplyDeleteBut 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.
ReplyDelete