State Highway Patroman killed chasing a speeder

[N_Jay]

Originally Posted by bee

No,

Too bad.

Originally Posted by bee

but I understand why you were "BANNED"!

You sure?

[bee]

To get back on topic!
But, what if the Patrolman swerved to miss a person, cow, horse, another vehical, in the road or had a medical problem, ect., that caused him to crash. Or maybe the Patrolman, just could not handle driving at high speeds.
Would the "speeder" still be resposible for the Patrolmans death?

[N_Jay]

Originally Posted by bee

To get back on topic!
But, what if the Patrolman swerved to miss a person, cow, horse, another vehical, in the road or had a medical problem, ect., that caused him to crash. Or maybe the Patrolman, just could not handle driving at high speeds.
Would the "speeder" still be resposible for the Patrolmans death?

Originally Posted by mancow

Felony Murder Doctrine

97-3-19. Homicide; murder defined; capital murder; lesser-included offenses.


(c) When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies;............................




FLEE AND ELUDE

Miss. Code Ann. § 97-9-72 #1 [url] [-]


(1) The driver of a motor vehicle who is given a visible or audible signal by a law enforcement officer by hand, voice, emergency light or siren directing the driver to bring his motor vehicle to a stop when such signal is given by a law enforcement officer acting in the lawful performance of duty who has a reasonable suspicion to believe that the driver in question has committed a crime, and who willfully fails to obey such direction shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a term not to exceed six (6) months, or both.

(2) Any person who is guilty of violating subsection (1) of this section by operating a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property, or who so operates a motor vehicle in a manner manifesting extreme indifference to the value of human life, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by commitment to the custody of the Mississippi Department of Corrections for not more than five (5) years, or both.

(3) Any person who is guilty of violating subsection (1) of this section, which violation results in serious bodily injury of another, upon conviction shall be committed to the custody of the Department of Corrections for not less than three (3) nor more than twenty (20) years of imprisonment.

(4) Any person who is guilty of violating subsection (1) of this section, which violation results in the death of another, upon conviction shall be committed to the custody of the Department of Corrections for not less than five (5) nor more than forty (40) years.

(5) It is a defense to prosecution under this section:

(a) That the law enforcement officer was not in uniform or that no law enforcement vehicle used in the attempted stop was clearly marked as a law enforcement vehicle; or

(b) That the driver proceeded in a safe manner to a reasonably near well-lit public place before stopping.

Sources: Laws, 2004, ch. 487, § 1, eff from and after July 1, 2004.

Would seem so, but as pointed out earlier, your question is best answered by a lawyer licensed to practice in the jurisdiction in question.

Yes, we could get into a deep discussion of "contributory negligence" and shared responsibility, but then we probably need input from facts not available and a judge to sort them out.

[Don_Burke]

Originally Posted by bee

To get back on topic!
But, what if the Patrolman swerved to miss a person, cow, horse, another vehical, in the road or had a medical problem, ect., that caused him to crash. Or maybe the Patrolman, just could not handle driving at high speeds.
Would the "speeder" still be resposible for the Patrolmans death?

In all cases given above, the answer is "yes."

The criminal caused the situation and is liable for all of the consequences.

When he gets out of jail, he should find a racetrack for his games.

[bee]

I understand what you are saying, but i believe a decent attorney will be get the jury to find him innocent of the Patrolman's death.

There could be extenuating circumstances(a vehicle running a stop sign, forcing the Patrolman off the road), ect. I just don't believe, the speeder should be found quilty of the Patrolman's death! But, I don't know everything!

[Don_Burke]

Originally Posted by bee

But, I don't know everything!

The law looks pretty clear on this.

The idiot is almost certainly going to do some time.

[red8]

If Mississippi has vehicular homicide or negligent homicide the driver of the vehicle could charged with that. instead of manslaughter. But gross negligence has to be proven on negligent homicide. Capital Murder would not work in this case. But prosecutor might try to present it to a grand jury and the grand
jury might bill on the lesser charge. Some people don't realize, you might out run the cruiser but you can't out run that radio

[bee]

Yes, I can see the speeder doing time for the "felony fleeing". And, it looks as if, most people here, think the "speeder" (should), (will) do "time" for the Patrolman's death!

I could be wrong, agin!

[bee]

Well, I may not have been wrong, that, I didn't think he could be charged with manslaughter!!

In todays paper the (the Daily Journal, Tupelo, MS. 6-18-09, www.djournal.com), it states that,
"Earlier reports that he (the speeder) was charged with manslaughter were incorrect"!

He is now charged with "felony fleeing that results in a death". Still a serious charge. But I still, do not think he will be convicted of the Patrolman's death.

The "Speeder's" bond was lowered from $1 million to $100,000.

He has pleaded not quilty.

[Tim-in-TX]

So Highway patrolmen should not enforce the law? By that reasoning everyone should drive over 100 mph...that way they know that they will not get a ticket.

If that is the case then had the speeder not been BREAKING THE LAW, then the officer would still be alive too. Be sure to go to the officers funeral and offer your OPINION to his widow and see how that goes.

[bee]

I did not(have not) said, Highway Patrolmen should NOT enforce the law! I have NOT said everyone should drive over 100MPH!
LEO"S have the option, to call off a chase at anytime, it becomes dangerous to themselves, and or, the general public!

Had the Patrolman stopped the chase, he most likley would be alive today, and the speeder would have been idenified and caught! Which he WAS!!


I had no business going to his funeral and offering my opinion to his widow, BUT, if I had, she would probably agree that he should have, called off the chase!

[JoeyC]

Charged with "felony fleeing that results in a death" The prosecution would have to prove that:

1) the defendant was running from the police.
2) that he was doing so wrecklessly (at >=whatever speed constitutes a felony charge)
3. that a death occurred.

I doubt that the defense can disprove 1 and 3 but he may be able to convince the jury that #2 did not occur.
At what speed in MS law is fleeing considered a felony and is the felony only based on speed alone?

That charge based on its wording sounds pretty solid, although I am no lawyer and have not read the text of that specific law.

[bee]

I don't know what speed, fleeing is considered to be a felony, but I pretty much, agree with your assessment, of that situation.
Felony Fleeing in Mississippi is punishable by, up to, a $5,000.00 fine and 5 year prison sentence!