Question about degrees of manslaughter and murder

[Hurst2112]

Minnesota man charged with murder after punch of pregnant woman
Wednesday May 02, 2007

ST. LOUIS PARK, Minn. (AP) An 18-year-old man was charged with murder after police said he was offered $200 to punch a pregnant woman in the stomach.

The woman, who was six months pregnant, delivered her baby prematurely the day after being attacked April 21, according to a criminal complaint. The baby girl died Monday at Hennepin County Medical Center, where it had survived on life support.

The woman's boyfriend, Dameon D. Gatson, 22, and the alleged attacker, 18-year-old Paul A. Peterson, each was charged in Hennepin County with second-degree murder and first-degree assault.

According to the complaint:

Peterson said Gatson offered him $200 to assault Gatson's girlfriend and cause a miscarriage. Peterson carried out the attack at a St. Louis Park apartment, punching the woman ``two or three times'' in the abdomen before fleeing. Gatson paid him $40 after the attack, Peterson said.

Why wouldn't this utterly disgusting case be a first degree murder crime? The news said they could face up to 30 years. That's it?! Sounds pre meditated to me.

I'm an idiot when it comes to law but come on! MAYBE 30 years?! And UP TO 30 years?!

[Lathum]

They should both go to jail for the rest of their lives.

[albionmoonlight]

Prosecutors can always amend an indictment after it is handed down.

Sometimes they get a quick indictment for a lesser included crime (because they can get it easily based on what they have) and then end up enhancing the indictment after the luxury of further investigation.

[Hurst2112]

Originally Posted by Lathum

They should both go to jail for the rest of their lives.

No shit.

Does the lax charge stem from being in Minnesota? This is a pretty conservative state for some things but obviously liberal for everything else.

I'd hang the effers if I was king.

[Hurst2112]

Originally Posted by albionmoonlight

Prosecutors can always amend an indictment after it is handed down.

Sometimes they get a quick indictment for a lesser included crime (because they can get it easily based on what they have) and then end up enhancing the indictment after the luxury of further investigation.

AH. That sorta makes sense.

Still, aside from a change of story, i don't think this instance can get much worse.

I wonder if the guys realize they are gonna get theirs in prison. Eaten alive.

[sabotai]

It also depends on the state and how they define the degrees of murder and manslaughter. Most states define it along the lines of "premeditated, intent to kill, etc." but some states go a bit further, have other criteria, for what is needed to be "1st-degree murder."

[Axxon]

PSHAW. This kind of thing will be commonplace if Roe v Wade is ever overthrown. Of course, the mother will be charged too.

Sad social commentary aside, this story sucks really badly but I don't think you can get first degree without premeditation. The issue would then be the definition of the killing of the fetus as killing a human since clearly he didn't intend to kill the girlfriend but did intend to kill the fetus.

If fetus != human being, then I can't see murder one but then again, by that definition I can't see murder two either so basically, I got nothing.

[PSUColonel]

Originally Posted by Hurst2112

Minnesota man charged with murder after punch of pregnant woman
Wednesday May 02, 2007

ST. LOUIS PARK, Minn. (AP) An 18-year-old man was charged with murder after police said he was offered $200 to punch a pregnant woman in the stomach.

The woman, who was six months pregnant, delivered her baby prematurely the day after being attacked April 21, according to a criminal complaint. The baby girl died Monday at Hennepin County Medical Center, where it had survived on life support.

The woman's boyfriend, Dameon D. Gatson, 22, and the alleged attacker, 18-year-old Paul A. Peterson, each was charged in Hennepin County with second-degree murder and first-degree assault.

According to the complaint:

Peterson said Gatson offered him $200 to assault Gatson's girlfriend and cause a miscarriage. Peterson carried out the attack at a St. Louis Park apartment, punching the woman ``two or three times'' in the abdomen before fleeing. Gatson paid him $40 after the attack, Peterson said.

Why wouldn't this utterly disgusting case be a first degree murder crime? The news said they could face up to 30 years. That's it?! Sounds pre meditated to me.

I'm an idiot when it comes to law but come on! MAYBE 30 years?! And UP TO 30 years?!

you might not want to hear this due to the disgusting nature of this obvious crime, but it might be very dificult to prove that the teen had absolute intent (with forethought and malice) to actually kill the unborn baby.

[MikeVic]

This reminds me of junior high.

For English class, we were split into groups and had to come up with ten short (minute or two) plays. All of my group's plays were either violent or sexual. One of them was a pregnant woman that got punched in the stomach. Her kid was still born, but his face was horribly disfigured. He would go on living life as an outcast because of that one incident. I believe there was a part where he walked by the guy that punched his mom in the stomach while she was pregnant... but he didn't know who it was.

I thought it was an intelligent little play. But we got into so much trouble for that, and for some of our other 9 plays that we had to appologize to the class and come up with one long play that sent a positive message.

[Axxon]

Originally Posted by PSUColonel

you might not want to hear this due to the disgusting nature of this obvious crime, but it might be very dificult to prove that the teen had absolute intent (with forethought and malice) to actually kill the unborn baby.

From the article:

Peterson said Gatson offered him $200 to assault Gatson's girlfriend and cause a miscarriage.

Unless he can somehow prove that he is so stupid he doesn't realize that the unborn baby dies when it's miscarried that's gonna be a hard sell for him.