Wednesday, February 27, 2008

First Degree Murder???

This morning, we saw a story on WRAL about a man (Moretti) who ran over (3 times) another man (McLeod) who tried to rob and stab his wife. Previously, Moretti was charged with assault with a deadly weapon with intent to kill. Because McLeod died, Moretti is now charged with FIRST degree murder. Apparently, when the woman was attacked outside a pizza place in Fayetteville, she yelled for her husband who then shot 2 or 3 shots (with the gun he was carrying in his pocket???) in the air and McLeod fled on foot. Incidentally, McLeod lived right down the road from this pizza place, I suppose he was running home for safety? McLeod died yesterday because of injuries sustained during the incident. Nathaniel and I disagree about the new charges. I'm curious as to what thoughts you all have about it... but in the mean time, let me tell you what I think. (And yes, I'm trying to use capital letters today.) Ok, here goes it with my opinions. First, the dad was quoted as saying... "I had a chance to talk with him, I was able to tell him (Monday) morning that I loved him and (that) this was not his fault." It is sad that his son died. I feel bad for him and his family. BUT... wasn't his son trying to rob and possibly stab a woman? Does he really NOT think it is his fault? Really. If his son had not been performing a criminal act, he wouldn't be dead right now. Second, the dad also said "I wouldn't even run over a dog that way." Whatever. He shouldn't kid himself that there aren't things/people that he would protect with everything he has (strength). If the pit bull up the street were to get loose and attack Kendal (whether it was in MY yard or on the road in front of their house, if we were walking by), I would definitely respond in a very violent and tragic way. I would most certainly beat the dog to death with my own hand. I wouldn't need a car. Same goes for a cat, or a wild animal, or a person. When Moretti left that day to go get pizza, he did not plan to kill someone on his way home. Moretti obviously felt a great sense of protection and fear when his wife was attacked. He was startled by the scream of his wife, "fight or flight" kicked in... and he responded in a way that, although a bit extreme, IMO wasn't that crazy considering the circumstances! I don't think it was necessary to run over the guy 3 times. Even once was probably too many times. BUT, if Moretti had shot the robber from the start, would he be charged with murder or some sort of self defense type charge? If he had shot him 3 times would it still be murder? I agree with McLeod's dad when he says that you shouldn't take the law into your own hands, but when Moretti fired his warning shots, maybe McLeod shouldn't have run. Why did he run? because he was caught. He didn't want to get caught... so instead of having a criminal FREE on the skreets, Moretti chased after him. I do think Moretti did the wrong thing, he responded in a bad, over-the-top way. But first degree murder? No, that is too much. He does not need to go to prison and sit in a cell with a man who raped and murdered a 2 year old baby girl. Or a robber that stabbed an old lady 13 times. Moretti is not THAT kind of criminal (based on this incident). What is manslaughter? Wouldn't that be more appropriate? Kinda like what a drunk driver gets when he runs over and kills someone? When McLeod chose to do the crime, he should have realized that , as Newton proclaimed, an action has an equal and opposite reaction!!! Sometimes the robber gets outrobbed! In this case, he was robbed his life. A life that in other circumstances would probably have landed him 15 years in prison, to be followed by parole in 1 year, and another robbery (and maybe even a stabbing) within 5 months. I guess I just don't have any sympathy for criminals.

4 comments:

  1. In KY(jelly), if a drunk driver kills somebody, it is a first degree murder charge. I think that is very appropriate.

    I have mixed feelings about your case. I don't think that first degree murder will ever stick. There has to be a proven amount of premeditation. Because this all happened within a, presumably, short period of time, the prosecution will have a very difficult time making that stick. If, however, this happened in the morning and the guy ran over the other guy the next day... first degree would be appropriate.

    I don't think it would stick. Voluntary manslaughter would probably be more appropriate in this situation. That one is an intentional killing taking place in the 'heat of passion' unlike 2nd degree murder which has to lack the heat of passion element.

    If the prosecution really goes after this guy with 1st degree murder, the jury will reduce or dismiss. There wouldn't be enough to convict on 1st degree.

    I feel sorry for all involved. I agree with you, though, that the guy who got killed was not faultless in this. He was doing something wrong. If the same thing would have happened in their house, it would be a justifiable homicide...

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  2. First degree murder is too harsh. I never disagreed with you on that charge. In order for it to be 1st degree, he would have to have premeditated the murder.

    He had only minutes to make his (bad) decision, so that is no premeditation. It was the heat of the moment...

    Now manslaughter may be too lenient. He (possibly) knew running this guy over could kill him, so I can't go with manslaughter. So, I'd lean more towards 2nd degree murder with a low time sentence.

    As for self defense, if he was coming directly to his wife's aid and shot the robber, then that is self defense. Getting into a car and running someone down who had left the scene is not self defense.

    Look at it this way, if someone broke into your house and you shot him, that is self defense. If someone broke in, saw you or even tried to attack you then left and you ran him down or shot him a few miles from your house, that is not self defense. As soon as the danger leaves your immediate vicinity, you cannot use the "self defense" reasoning.

    Thank God I have not been on a jury ... yet.

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  3. I didn't get it at first (pregnancy brain), but Nathaniel's comment made it more clear. True self-defense would have been ruled "justifiable homicide." Regardless of what the guy did to his wife, if he sought him out afterwards, a murder charge is appropriate. Vigilantism is a hot topic, and I have seen prosecutors go with both 1st and 2nd degree charges. If his wife's life was not in imminent danger when he counterattacked (what I understood from Nathaniel's comment), the situation was best left up to the police instead of taking matters into his own hands. After all, he killed a guy, could have killed himself, and some innocent bystander. The police are trained in apprehending suspects in a way that minimizes collateral damage. That could be the reason for the harsh charge...to show that vigilante justic will not be tolerated.

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  4. All very interesting perspectives and view points.

    This is how I feel/what I think I'd do in a situation some of you have referenced.

    I can tell you this. I have absolutely no doubt that, should an intruder break into my house, I'd pull the trigger of the 12 gauge and ask questions later (AFTER, of course, a "reasonable" assessment of if I knew said person).

    If I were out walking my dog (or just walking by myself or with other people) and was attacked by a "vicious" dog, I'd club it with everything I had, which is usually a heavy duty flash light.

    Now, those are the easy ones.

    What about this?

    Someone breaks into your house, rapes your wife/daughter/sister/mother, gets away.

    You know where they live, do you go after them?

    Someone (a drunk driver, say) kills a loved one; you know where they live. Do you kill THEM?

    As Shannon said, there is a lot of controversy about "vigilante justice". Most people would think people in those circumstances justified in extracting "justice".

    But, that is now the way this country was built (or, at least not after Wyatt Earp).

    We don't do things that way now.

    In this case, the wife was not harmed (although obviously very frightened). The bad guy ran away. I can understand the husband wanting to make sure he got caught but, he didn't have to kill him.

    He could have a) let him go and let the cops do their job or b) chased him, disabled him some other way, called the cops.

    I do think the husband should get some time. But, just enough to teach him a lesson.

    As for what the "bad guy's" father has to say, who cares? He was likely a rotten father, anyway. He shouldn't be casting stones.

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