Kentucky

TexasTowelie

(117,533 posts) Sun Jan 28, 2018, 06:42 AM Jan 2018

Update on shooting at Marshall County High School

BENTON — A county prosecutor sought to head off criticism from his traumatized community on Wednesday as he explained why a 15-year-old charged with murder in the shootings of two classmates doesn't yet face attempted murder charges as well, even though more than a dozen other students have bullet wounds.

Instead, the preliminary charges for wounding the other classmates will be first-degree assault, Assistant Marshall County Attorney Jason Darnall said, stressing at a news conference that it carries the same penalty.

"The reason for that is based on information we have right now. Attempted murder is an offense which takes into account motive and specific intent," but why he did it is still being investigated. Assault, on the other hand, simply requires a "serious physical injury by means of a dangerous instrument," Darnall said.

The young man's handgun was dangerous enough to kill two classmates, wound 14 other students and seriously injure four more as hundreds of teenagers scrambled to escape. All the victims were between 14 and 18 years old, Kentucky State Police Detective Jody Cash said.

Read more: http://www.richmondregister.com/news/mother-school-shooting-took-life-of-a-perfect-sweet-soul/article_5d2afd16-0151-11e8-a4d5-efdec557b388.html

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Update on shooting at Marshall County High School (Original Post) TexasTowelie Jan 2018 OP

Two ways of looking at how the crime is presented for trial: no_hypocrisy Jan 2018 #1

School shooting rampages have become so common they hardly rate being on the news. appleannie1943 Jan 2018 #2

It feels like snowstorms get more National media attention. hlthe2b Jan 2018 #3

There have been 11 so far this year! WhiteTara Jan 2018 #4

no_hypocrisy

(49,194 posts)

1. Two ways of looking at how the crime is presented for trial:

Reply to TexasTowelie (Original post)

Sun Jan 28, 2018, 07:02 AM

Jan 2018

1) Is it an accurate description of the facts, and
2) Can the prosecutor get a conviction (guilty beyond a reasonable doubt).

And then there's a third, more discretionary factor: is the defendant being charged with a lesser crime although a conviction could be had with a higher offense. In other words, it has to be asked if this "child" could be convicted as well of murder, with the mens rea being provable of an intent of malice and a desire to severely harm/cause death.