This story looks very different depending on whether you are looking at the law or at the reporting. Remember reporting? People used to get paid to go find facts and tell the public about them. That happens a lot less now. With many commentators and too few reporters, an alarmist story can have a long life in the echo chamber.
As Professor Michael W. Martin of Fordham Law’s Federal Litigation Clinic reminded me: “If the law allows the defense, the lawyer must use it, if it is viable, unless there is a good strategic reason not to. Otherwise, it is ineffective assistance of counsel. If the lawyer feels like he is ethically barred from using a legal, viable defense, he should ask to be relieved.”
Joe in Australia: "It only applies during the night, for some reason"
MisantropicPainforest: Can he be charged for manslaughter now? or would that be double jeopardy? It seems to me that the core problem was that the prosecution did not go for a manslaughter charge.
jph: "And come the fuck on MeFi. You're better than this. After there have been at least FIVE hate crime attacks there against gays in the last month or so in New York, we have expressed outrage and sadness. Why not show New York to be the horrible dangerous den of bigotry that it is?
When anti-gay demonstrators attacked gays celebrating the recent victory of marriage equality in that backwater little pissant town of Paris, France, we expressed outrage and shock. Why not take cheap shots at the cheese-eating surrender monkeys who have now all been shown to be backwater morons?"
kavasa: Hitting small, fast moving targets at night is extremely difficult. Unless this guy has physical proof of his superlative marksmanship, he absolutely missed his target and hit the wheel instead.
kavasa: No. Tires are small and fast moving. My argument is that I don't believe, with my frequent caveat of other evidence, that he was aiming at the tire.
the massive difference purely random outcomes make to both the legal and social responses to given actions.
But instead, Frago walked around his apartment and after about 20 minutes left, saying she had to give the money to her driver, he said.
I'm asserting that, barring some exceptional evidence (trophies from night-time rifle shooting competitions), the argument that he was a)aiming at and b)hit a tire is beyond any reasonable doubt false.
But this guy has already demonstrated his poor judgment, so I wouldn't put it past him to have watched some action movies and think shooting out tires is a lot easier than it is.
West Midlands Police said they were contacted by the caller who said he "wished to report her for breaching the Sale of Goods Act".
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