Originally Posted by
wrench1
FYI: that is why it is manslaughter and not homicide. No intent needed. A number of states to include LA have laws where if a person is killed during the commission of a crime a person can be charged with their death. However, it goes both ways in some cases. There have been cops charged with the higher crime of negligent homicide when people have been killed during pursuits.
Originally Posted by
SASless
Gordy,
Remember each State has its own set of criminal laws and depending upon the wording of the Statute in that particular State determines what acts can be deemed to be (in this case) Manslaughter.
The Louisiana Statute:
https://law.justia.com/codes/louisia...itle-14/rs-31/
I see a clear cut case as I read the Statute.....resisting arrest, speeding at 135 mph on a public roadway, and the two Officers participating in the pursuit......if I were a Prosecutor I would take that case to Court.
I see that the "intent" is not needed, but I would still go with it being thrown out based upon this:
resulting in the death of a human being where it was foreseeable that the offender's conduct during the commission of the crime could result in death or great bodily harm to a human being,
A defense attorney will argue there was no foreseeable way to know pilots would die.....
Either way, it will be an interesting trial to watch.