A problem of long standing
The intent could have been to kill but it just as easily could have been to damage cars, cause an accident, scare drivers or to shut down the highway... that is a reasonable doubt.
Yah. This has been an ongoing problem in the Flint area for some time. See
https://www.usnews.com/news/best-st...nt-overpass-rock-throwing-long-been-a-problem
"Police: Flint Overpass Rock-Throwing Long Been a Problem
"Police say the recent death of a vehicle passenger after teenagers allegedly threw rocks from a Flint area overpass is
just one of many cases in past decades where people hurl debris from area bridges.
Oct. 26, 2017, at 1:02 p.m.
...
"The events date back about
four decades ago to when Delores Hunt had to swerve to avoid a concrete block heaved over a bridge.
"If I hadn't swerved at the right moment, that block could have came through my windshield and I might not be here today," she told the newspaper in 1990. "It scared me."
"In
October 1990, Tracey Pearson was driving to work in Davison Township when she
swerved to avoid what was eventually discovered to be a scarecrow dangling from an overpass. Police said
her car flipped and ejected her, resulting in her death. The
people involved in dangling the scarecrow were
sentenced to three years in prison for involuntary manslaughter."
(My emphasis - more @ the URL)
Presumably the murder charges in the current case are because the accused perps actively dropped/threw rocks, concrete, etc. @ cars driving 70-75mph on the freeway below. I'm certain the police & EMTs are sick of dealing with these incidents, & the slightest inattention (like in the Oct. 1990 incident with Ms. Pearson above) can be fatal. I doubt that the criminal justice system nor the jury will be in the least sympathetic to the accused.
& the Sharon Budd case (another rock-throwing - July 2014), although she survived with severe injuries:
"Rock as deadly weapon[edit]
"Defense attorneys have challenged the prosecution's claim that the
rock was a "deadly weapon", claiming that it was merely a
"delinquent act" unless the prosecution could demonstrate intent to produce death or serious bodily injury.[3][14][20][21]
"Sentencing[edit]
"
Brett Lahr (19) was
sentenced to prison for 18 months to 20 years.[22]
Tyler Porter, Dylan Lahr and Keefer McGee were
sentenced to serve 22 months to 10 years, 54 months to 24 years and 11 1⁄2 months to 23 months, respectively.[23][11] Brett Lahr was sentenced to an additional year in prison for violating his parole.[11]"
"Randy Budd[edit]
"On
August 7, 2016, Randy Budd died from a self-inflicted gunshot wound.[24] After the Interstate 80 rock throwing incident severely injured Sharon Budd, Randy advocated for the Ohio Department of Transportation to install protective fencing on bridge overpasses.[25]" (Randy was Sharon's husband, & was in the car @ the time of the assault.)
From
https://en.wikipedia.org/wiki/Interstate_80_rock_throwing
(My emphasis)
This case was in Pennsylvania, I believe. The prosecution there wasn't impressed by the defense, nor was the judge nor jury.
