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playmea said...
Not Scherzo but... I think it could be argued in that capacity. However I don't think it proves intent to kill, only intent to pursue or gather information. However, at this stage, that is for a jury to decide.
I think if it proves anything, it proves negligence and irresponsible actions. These would be arguments that would make a manslaughter charge a slam dunk.
Badger Alumni, Lifelong Buckeye.
Frozen Buckeye
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BBucksorBeGone8
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Frozen Buckeye said...
I'm not a member of the Florida Bar, but I do remember having a colleague dealing with a similar fact pattern in GA; I want to say that the rule that applied was that negligence or reckless conduct with the posession of an instrument of lethal force (loaded firearm, driving while intoxicated, etc.) is prima facie depraved indifference, allowing the court to make the leap from manslaughter to murder. Again, this is just my recollection of it, I'm don't do criminal work currently.
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Frozen Buckeye
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Zimmerman to be charged!