Why is this First Degree Murder?

[Jennasis]

We live near Winston-Salem, NC. A few days ago a police officer was shot at a local bar while responding to some sort of fight that had broken out at the bar. From what I can tell the officer was hit by random gun-fire. They luckily caught the...well there really isn't a word for it so I'll just say the guy, who allegedly shot the officer and charged him with first degree murder. I am all for throwing the book at this person, but I wonder whyit's first degree and not second or manslaughter (other than the fact that the DA and police department are p.o.'d at this guy for killing an officer). Doesn't first degree have to have premeditation? Here is a quick descroption of the incident as reported by local station WXII 12:

Plouff was shot in the face Friday morning as he and other officers tried to break up a fight in the parking lot of the Red Rooster on Jonestown Road. He died that evening.

Deputies were working off-duty security at the club when several fights started within the facility and spilled outside.

Amid crowds of people outside, shots were fired and one hit Plouff in the jaw. He died at Wake Forest University Baptist Medical Center.

Tragic story and I hope the guy gets what he deserves, but does he merit first degree?

 

[Bob Slydell]

I can only assume that because the victim was a police officer?

Otherwise, it doesn't seem like 1st degree to me, but I'm no legal expert.

 

[Fitswimmer]

I'm no legal expert either, but I've done some work in criminal law. Here's what I have in my notes:

[2] “Murder” – The common law definition of “murder” is “the killing of a human being by another human being with malice aforethought.”

[3] “Manslaughter” – Manslaughter is “an unlawful killing of a human being by another human being without malice aforethought.”

[4] “Malice” – As the term has developed, a person kills another acts with the requisite “malice” if he possesses any one of four states of mind:
(1) the intention to kill a human being;
(2) the intention to inflict grievous bodily injury on another;
(3) an extremely reckless disregard for the value of human life; or
(4) the intention to commit a felony during the commission or attempted commission of which a death results.

If the shooting occurred during the fight, they may be applying malice to it. Like if he was trying to shoot at the guy he was fighting with and hit the officer, the malice intent would transfer from the guy he was fighting to the officer. It would be considered the same as if he had intended to shoot the officer in the first place.

 

[apirateslifeforme]

From what I remember, it could be argued that the fact that the guy had a gun with him in the first place could be considered premeditation. And also from what I remember, that could be a very fine line...

 

[Bob Slydell]

If the shooting occurred during the fight, they may be applying malice to it. Like if he was trying to shoot at the guy he was fighting with and hit the officer, the malice intent would transfer from the guy he was fighting to the officer. It would be considered the same as if he had intended to shoot the officer in the first place.

I agree that it seems like it should be murder, not manslaughter, but doesn't first degree versus second mean there's extenuating circumstances, e.g. premeditation?

 

[The Mayor]

I know in some states it is a capitol offense to kill a law enforcement officer...so that may be why they charged him with 1st degree murder...but I'm only guessing.

 

[Jennasis]

DH thought that the fact that the guy brought a gun to the bar in the first place could be considered premeditation. We're certainly no legal experts (but we did watch the entire series of The Practice and we currently enjoy Boston Legal!). I have no sympathy for the shooter, but I am wondering how the First Degree will stick...unless they are using it as a tactic to scare him into pleading to Second Degree or Manslaughter?

 

[CTPinkPrincess]

Maybe because the person killed was a police officer? I think some states might have statutes that make the killing of a law enforcement officer automatically a first degree case.....

 

[Growin'upDisney]

Under the model penal code:

Used by New York among other states, as well as the Model Penal Code:
First Degree Murder: Murder involving special circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multiple murders; and torture or especially heinous murders. Note that a "regular" premeditated murder, absent such special circumstances, is not a first-degree murder; murders by poison or "lying in wait" are not per se first-degree murders.

Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.

Also, it would be considered felony murder. A killing that occurs during the commission of a felony can rise to the level of murder and not manslaughter. Assault or battery with a gun (deadly weapon) may be classified as a felony, and even an unintentional death can be classified as a murder.

 

[brerrabbit]

I seem to remember in my readings on the subject that at least in some states (Texas I'm pretty sure) that the killing of a law enforcement officer in the act of performing his duties makes it an automatic 1st degree charge. Even though the officers were working security as a second job they are still considered liscense peace officers at the time. Again many are required by regulation to carry a firearm even when not on duty. Therefore the charge might just be an automatic response and not really subject to a lower charge.

 

[Mrs.Toad]

[4] “Malice” – As the term has developed, a person kills another acts with the requisite “malice” if he possesses any one of four states of mind:
(1) the intention to kill a human being;
(2) the intention to inflict grievous bodily injury on another;
(3) an extremely reckless disregard for the value of human life; or
(4) the intention to commit a felony during the commission or attempted commission of which a death results.

I think the part I bolded is the key. Malice aforethought doesn't have to be specific to one person.

As to whether it will stick... it depends on what the law in NC says, since it varies by state. I don't know NC's laws, but as an example, in Colorado there is a clause about "universal malice", under which people have been convicted of first degree murder for drive-by shootings and recently, even for causing a car crash.

 

[Jennasis]

Hmmm..I wonder if anybody out there is familiar with NC law? I could see how NC (also a death penalty state) would have the "kill an officer and get auto first degree charges" state.

Thanks to those who cleared up my question on manslaughter! So now I wonder why it's first and not second...all right, there must be an NC lawyer on here somewhere!

 

[Growin'upDisney]

Here is what I found.

"The current North Carolina first-degree murder statute (N.C.G.S. 14-17) defines felony murder as ‘a murder which shall be committed in the perpetration of any arson, rape, or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon". Premeditation and deliberation are not requirements because the intent of the rule is to punish the offender for the result of the commission of the underlying felony.

Also, Under North Carolina law, there are eleven statutory aggravating factors, one or more of which must be found before an individual may be given the death penalty. An example would be the murder of a police officer.

And the prosecution rests...

 

[tink1978]

I thought first degree had to have some kind of premeditation or something??? If it was random, I would not think it would be first degree...maybe manslaughter??

 

[ducklite]

Also, it would be considered felony murder. A killing that occurs during the commission of a felony can rise to the level of murder and not manslaughter. Assault or battery with a gun (deadly weapon) may be classified as a felony, and even an unintentional death can be classified as a murder.

That was my first thought, it would fall under the felony murder rule.

Anne

 

[lindalinda]

You never know how weird the laws are pertaining to this. Heres how they work in Ky, where I live. Scenario: Man decides he wants to kill a man. He waits and watches for the mans car. Car drives up and stops. Man shoots into car, killing the person in the car. It turns out, the person in the car is a 10 yr old girl. He "accidently" shot the wrong car. Is this 1st degree murder? I would certainly think so, he intentional shot into the car, he waited for the car, he planned to kill someone. But in the great state of Ky, it was involuntary manslaughter. Because he had no intent to kill the little girl.

 

[Miss Jasmine]

HEre's a link to the NC general statues with regard to Criminal Law http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0014
It's always good to know where you can look for all your statute questions. The Florida Statutes are one of my bookmarks.

 

[oxfordcircus]

Assuming the term "first degree murder" is what NC uses for a charge that could carry the death penalty.... You have to know you're killing a police officer for this to be first degree murder. In Mississippi, we call is "capital" murder. Capital murder carries the death penalty under certain prescribed circumstances - commission of murder during certain felonies (e.g., rape, kidnapping, robbery, arson). Knowingly killing a police officer is another, killing for hire is another. There is no deterrent effect unless you know you're killing a police officer.

Felony murder is not necessarily as it's been defined here. The most common application of felony murder is where a co-conspirator kills someone during the commission of a felonly, for example, you and I conspire to rob the TTC and you kill the CM there. Even though it wasn't part of our plan to kill the CM, you and I both get charged with murder, but mine is felony murder. Both may carry the death penalty, but the term "felony murder" is used to describe the legal justification for the capital charge against me.

I realize that none of this answers your question, and I can't figure it out based on the facts provided here, but is there any chance that the DA who brought the capital charge is named NIFONG? That alone may explain it!

 

[Alicnwondrln]

I can only assume that because the victim was a police officer?

Otherwise, it doesn't seem like 1st degree to me, but I'm no legal expert.

what he said

 

[oxfordcircus]

I don't mean this to be snarky, but if merely killing someone with a gun were enough to equal "premeditation", then nearly every killing with a gun would be premeditated murder (except where the gun just happened to be laying around at the site of the killing).

I bet Nuttylawproffessor can answer this question. OP, why don't you summon him/her?