Coolguy
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Questionable in regards to an individuals conduct and state of mind... sure.Two things that are questionable. 1) Firing a "warning shot," inside the car, in the direction of the bicyclist, so close to the bicyclist that it hits his helmet.
Questionable in regards to it being a possible scenario... I disagree.
Hmmm?2) You forgot to cite this paragraph (link):
My bad.
I originally had it underlined before posting.
I must have edited out that portion of the sentence of the second paragraph when I edited out the first paragraph. That was unintentional.
But that portion is why I underlined the last sentence of the last paragraph pointing out why what was charged was changed.
Again, my bad.
Of course a 'warning shot' doesn't include an intent to kill.I'm not sure what constitutes as a "warning shot" but I'm pretty positive it doesn't include the intent to kill./sarcasm
To me, attempted murder means that you intended to kill. So why the different charge?
If you notice in the underlined last sentence, of the last paragraph as quoted, pointing out that the greater charge requires the elements of intent be found.
"... requires a trial jury to find the elements of premeditation and deliberation."
If they could have proven intent to murder (which is killing), they would have charged it.I can not see them including that statement if the lesser offense required the same elements to be proven, meaning to me, that what was charged is an implication (that doesn't have to be proven) of what happened, not what actually happened.
FYI
As one group of Attorneys put it.
An assault can be an unlawful touching, or it can be an act in which the victim is never touched, but is put in imminent fear of being touched. A touch is a general word, meant to describe everything from a slap to a strike with a bat, to worse.
In North Carolina, there are dozens of different kinds of assaults. Some are misdemeanor assaults; the lowest is a Class 2 misdemeanor which can put someone on probation for 12 months.
Others are very serious felonies, including the most serious assault, Assault With a Deadly Weapon With Intent to Kill Inflicting Serious Injury (AWDWIKISI), which is a Class C felony, with a minimum sentence of 44 months (bottom of the mitigated range for a person with no prior convictions). Attempted First Degree Murder is arguably an assault, but is handled under homicides.
In general, assault is not defined in the statutes, but by North Carolina’s courts. The statutes merely establish the punishment once an assault has been proven. (See N.C.G.S 14-33 for Misdemeanor Assault punishments.)
...
The Chetson Firm - North Carolina Assault Law
Can you tell me what other assault charge would have fit the described offense by the testimony given, under North Carolina law?
North Carolina General Statutes
Chapter 14: Criminal Law
Article 8 - Assaults
Chapter 14 - Article 8
Chapter 14: Criminal Law
Article 8 - Assaults
Chapter 14 - Article 8
Apparently they don't specifically have a charge under 'Assault' that includes the discharge of a weapon in a manner that underscores the seriousness of the action in this instance.
Apparently the name of the offense does not mean exactly what occurred.
I have to disagree with your take here because;This just meant that the prosecution thinks that the process of the trial was fair (not that the sentencing was fair), that there wasn't anybody pulling strings or the jury was skewed. The prosecution also thought the sentencing was light.And what the prosecutor says."... the prosecution, said he had no quarrel with the sentence handed to Diez.
“The outcome was fair,” he said. “We respect Judge Down's decision."We think the sentence is light, but we expected it coming in… because of his outstanding career as a fireman.
1.) It is a misquote; The portion you quoted is what the cyclist said, not the prosecutor.
2.) The prosecutor said 'he had no quarrel with the sentence handed to Diez.'
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I strongly disagree. He didn't make an attempt to murder him.Yeah, this fireman should have gotten at least 25 years for attempted murder.
I think it is more of the way NC's laws are, than any imagined 'good ol' boy network'.That's what you call the "good ol' boy" network, looking out for its own.