In the discussion thread: Woman indicted in shooting death of her unborn child; charges against shooter dismissed [View all]
Response to TheBlackAdder (Reply #25)
Thu Jun 27, 2019, 01:57 AM
Lucid Dreamer (494 posts)
30. I agree w/ BlackAdder on this.
The prosecutor could have passed on charging pregnant Marshae for murder. Loss of the child is certainly plenty of punishment.
I wrote this response in another thread about the case, but in only analyzes the culpability of the shooter. Most states have provisions for justifying use of deadly force. The grand jury knows there was a homicide. Person killed person. Ebony killed fetus. However GJ decides that the homicide was justified. Justified because Ebony felt there was an imminent threat to her life from pregnant Marshae's attack. If Ebony was "innocent"... in other words she did not instigate the attack and if Ebony could not avoid the deadly confrontation (it is reported that she did try avoidance) and if Ebony had a reasonable belief she was in danger of losing her life or suffering serious bodily injury, then Ebony could claim she was justified in the use of deadly force. The GJ agreed. Since the initial aggressor was Marshae (so it is said) then Marshae is responsible for injuries or damages suffered in the fight. Your state laws may vary, but the above applies to a bunch. Lesson... Don't start a fight. I am not sure of all the facts in this case, but this seems to be a plausible explanation. I shall keep an eye on this case. If I am in error, I'll let you know. * I am not a lawyer. Check with a competent on for worthwhile legal advice. |
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Replies to this discussion thread
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Author | Time | Post |
WhiskeyGrinder | Jun 2019 | OP | |
Lars39 | Jun 2019 | #1 | |
TheBlackAdder | Jun 2019 | #25 | |
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Lucid Dreamer | Jun 2019 | #30 |
dhol82 | Jun 2019 | #2 | |
raccoon | Jun 2019 | #3 | |
hughee99 | Jun 2019 | #24 | |
ripcord | Jun 2019 | #4 | |
Tech | Jun 2019 | #10 | |
Jake Stern | Jun 2019 | #11 | |
Tech | Jun 2019 | #13 | |
Jake Stern | Jun 2019 | #17 | |
ripcord | Jun 2019 | #15 | |
Tech | Jun 2019 | #16 | |
Jake Stern | Jun 2019 | #19 | |
ripcord | Jun 2019 | #22 | |
smirkymonkey | Jun 2019 | #5 | |
Jake Stern | Jun 2019 | #14 | |
smirkymonkey | Jun 2019 | #18 | |
Jake Stern | Jun 2019 | #20 | |
struggle4progress | Jun 2019 | #6 | |
Everyman Jackal | Jun 2019 | #26 | |
bronxiteforever | Jun 2019 | #29 | |
Hekate | Jun 2019 | #7 | |
JI7 | Jun 2019 | #8 | |
bronxiteforever | Jun 2019 | #28 | |
stillcool | Jun 2019 | #9 | |
Jake Stern | Jun 2019 | #12 | |
stillcool | Jun 2019 | #21 | |
lostnfound | Jun 2019 | #23 | |
spin | Jun 2019 | #27 |
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