Why is this First Degree Murder?

[Andy B]

I think going armed and trying to shoot someone is Murder even if you the person you shot was a mistake, however I may be wrong but it threw up a couple of questions. If it was because he was a Police officer would the perp had known if the policeman was doing security for the bar. Also is it normally allowed for police officers to act off duty as security?

 

[oxfordcircus]

I think going armed and trying to shoot someone is Murder even if you the person you shot was a mistake, however I may be wrong but it threw up a couple of questions. If it was because he was a Police officer would the perp had known if the policeman was doing security for the bar. Also is it normally allowed for police officers to act off duty as security?

Andy, you are correct that the "murder" would transfer from intended victim to the unintended one, but I think the question here is what raises the crime to the level of being punishable by death. Forgive me if I just stated the obvious to you.

I agree that knowledge that the victim was a police office is critical to an enhanced charge. Also, the police officer must be killed in the line of duty for the capital charge to apply. I'm not sure moonlighting counts, though I'm not saying it doesn't.

Finally, it is very common for police officers to moonlight as security.

 

[Jennasis]

Nope it isn't Nifong. He's over in Durham...closer to Raleigh. Winston-Salem is in Forsyth county which is about 2 hours west of Raleigh (mid-state).

Well it seems that NC does have a clause that makes killing an officer a first degree charge. But does that officer have to be on duty? As someone said before, does moonlighting count? What about off-duty, lounging at home or out shopping?

Wonder if they'll pursue the death penalty (my gut says yes). Dh just visited the state prison with his leadership team last week. He even got to see the death chamber. He said you can still smell the gas in there from when they use to use gas (it's lethal injection now).

 

[Miss Jasmine]

Andy, you are correct that the "murder" would transfer from intended victim to the unintended one, but I think the question here is what raises the crime to the level of being punishable by death. Forgive me if I just stated the obvious to you.

I agree that knowledge that the victim was a police office is critical to an enhanced charge. Also, the police officer must be killed in the line of duty for the capital charge to apply. I'm not sure moonlighting counts, though I'm not saying it doesn't.

Finally, it is very common for police officers to moonlight as security.

It also could have been an overtime detail. The club owner could have a contract with the Sheriff's Department.

 

[nuttylawprofessor]

My "ears" were burning. Had to know I couldn't pass up a legal question on the front page of the community board, right?

Short answer to the original question is that NC law provides for 1st degree murder charges in felony murder cases. If the defendant's actions in the brawl or in brandishing and discharging a gun rise to the level of felony, the murder one charge can stick. The defendant didn't need to intend to kill someone. The defendant only need satisfy the elements of the relevant type of felony. If the death is interrelated to the original felony, you have a felony murder.

Felony murder is a real stickler.

 

[oxfordcircus]

A murder which shall be...committed in the perpetration or attempted 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 shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life without parole

Sorry, I should have looked at this first, but the bolded section is the answer to the question. The above quote is from the NC statute on homicide. The underlying crime in Jennais's case would be aggravated assault which was committed with a deadly weapon. So the fact that a police officer was killed, while tragic, didn't affect the charge.

Jennasis, I need your mailing address so I can send you a bill. j/k.