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Teen pizza delivery driver shot at multiple times after parking in the wrong driveway (www.nbcnews.com)
submitted 2 years ago* by to c/news@lemmy.world
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Interview with the victim.

https://www.newschannel5.com/news/it-is-attempted-murder-in-my-opinion-young-pizza-delivery-driver-shot-at-7-times-after-driveway-mix-up

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[–] [S] 75 points 2 years ago* (4 children)

I don't understand why he wasn't charged with attempted murder. This is a bullshit defense.

Babcock said he went outside and "began shooting at the truck" to "disable" it...

Yes, killing the driver would do that.

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  • [–] 16 points 2 years ago (2 children)

    He should be stripped of his weapons for his lack of discipline.

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  • [–] 3 points 2 years ago

    I'm not sure about the exact laws where the incident occurred, but in several other states that I know the law of, aggravated assault carries the exact same penalties as attempted murder. Because of the wording of the two laws, aggravated assault is much easier to prove. If you're a prosecutor, why would you not go with the easier to prove, exact same penalty crime?

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  • [+] -9 points 2 years ago (1 child)

    I am not a lawyer, but I suspect you would need to prove the intent to kill to call it murder, and given plausible explanation it is nearly impossible, due to presumption of innocence.

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  • [+] 32 points 2 years ago* (last edited 11 months ago) (1 child)
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  • [–] -3 points 2 years ago* (1 child)

    Yes, shooting was intentional, but intent plausibly was not to kill. Thus, not a murder. Anyway, that's the only theory I have of why they did not charge him with attempted murder.

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