chickencoupe16 said:
sam callahan said:
Dude killed someone. Unless it was self defense or an accident, of which there is zero evidence, it was murder.
All the other talk is interesting, but has no bearing on his guilt. That is the main point and the side talk is just distraction and obfuscation.
I do believe he is guilty and will ultimately be convicted, but how he is ultimately charged and what he is found guilty of remains to be determined.
There is no doubt what the charge will be. Murder (F1). Intent to kill can be formed in an instant and does not require any amount of premeditation other than the decision to intentionally stab someone. You do not stab someone in the chest that you do not intend to cause death or serious bodily injury to.
If he threw the knife up in the air recklessly inside the occupied tent and it stabbed and killed someone, it could be manslaughter.
The only out for this kid is a self-defense claim.
That requires that he has a reasonable fear that he was about to imminently suffer death or serious bodily injury from his attacker(s). I cannot conceive of a set of facts from what we have read that would justify his non proportional response to the victim.
If three kids had already punched him, knocked him to the ground, and all 3 were putting the spurs to him, sure he could possibly justify stabbing someone.
That is not this situation. This idiot felt disrespected when he was grabbed and stabbed someone in the chest. Murder F1 all day everyday.
5 to life punishment range. Anything between 15-25 years would be excellent work from his defense counsel. I suspect he will get more.