Man Charged With Killing Toddler At Church

[camracrazy]

http://www.wpxi.com/nationalnews/20792761/detail.html

A child killed over a $20 debt and a washer and dryer. :cursing:

[suki]

Stop making excuses for your bad deeds! So what if he was drinking, on drugs, or just plain mad. He is solely responsible for killing that poor baby.

[kelloggirl]

What a horrible horrible tragedy.

[KittyMom]

Wow. I don't know what else could be said

[Debb]

Why is the Collins man charged with 2 counts of second degree murder. (See the third parapgraph in that article.) It reads as if the little girl was the only one killed. Perhaps it's a misprint or I misunderstood.

[Jay]

Why is the Collins man charged with 2 counts of second degree murder. (See the third parapgraph in that article.) It reads as if the little girl was the only one killed. Perhaps it's a misprint or I misunderstood.

You read it right. The legal theory of charging 2 homicides for one person comes from the Blockburger rule:

page 304:

The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not. Gavieres v. United States, 220 U. S. 338, 220 U. S. 342, and authorities cited. In that case, this court quoted from and adopted the language of the Supreme Court of Massachusetts in Morey v. Commonwealth, 108 Mass. 433:

"A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other."



http://supreme.justia.com/us/284/299/case.html



Here is MN's 2nd degree law, one is UNintentional and one is Intentional without premeditation. ??? It seems apparant the case law on this section may shed some light. When the Indictment is handed down, it will be clearer.

Right now, without knowing any case law, it seems one act is charged as INtentional and one as UNintentional, which under Blockburger, is permitted. I do believe though that, if convicted on both, only one sentence can be handed down for 2nd degree. The charge I suppose is an attmept to assure a conviction under one section or another.

https://www.revisor.leg.state.mn.us/statutes/?id=609.19

[Jay]

I have never heard of someone being charged the same charge twice for one crime, seems this should just be murder plain and simple, not sure what is going on at this church, sounds a bit crazy to me



There was a case a few years back in some midwestern state where there were 4 murders, yet 8 counts were charged, presumably, had to be, under authority of Blockburger.

This is tricky DJ law though, so you can bet the defense attorney for this man will provide some case law for his client?

As I said, I believe the law will allow only one 2nd degree murder sentence, even if convicted of both.

[camracrazy]

http://news.yahoo.com/s/ap/20090909/ap_on_re_us/us_fighting_men_dead_toddler

There is a pic of Aundrea at this link.

[Debb]

Thanks J for that info regarding the charges. I never heard of that.

It boggles the mind to think someone would swing a bat anywhere near a young child, expecially in a CHURCH! It is just so bizarre. All the talk about drug and/or alcohol involvment, doesn't really cut it with me. I know this is not very Christian, but I think I could really hurt this man if given the chance and I am not a violent person. That child was so precious. (See her photo on link above.) Very, very, sad.

[BOZGAL2]

OMG :crying: