WWL>Topics>>2-3 6am Tommy, is 2nd degree murder in Joe McKnight shooting the right charge?

2-3 6am Tommy, is 2nd degree murder in Joe McKnight shooting the right charge?

Feb 3, 2017|

Tommy talks to Loyola Law Professor Dane Ciolino about Ronald Gasser being charged with second degree murder in the shooting death of Joe McKnight.

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Automatically Generated Transcript (may not be 100% accurate)

Ain't silly on joins us right now our friend old professor of law at loyal to morning gain. Thanks for taking the time with Som the grand jury yesterday in dates. Ronald gas aero upgrades charge I guess from. Manslaughter. To second degree murder and I guess maybe we consider what's in definitions of either. Thought second degree murder is. Is typically you bet there a couple different ways the state to prove a murder. This one has an intentional killing. That was done was specific intent to kill or cause great bodily harm to us as a classic murder case. Was it intentional killing manslaughter. It is also recruit a couple of different ways that you typically see manslaughter. Into contact number one it simply a lead down from second degree murder. War. When the defense raise it. In mitigation and other charge of murder saying that the killing was done in need of blood after adequate provocation by a bit. So that's what you originally charged with manslaughter which carries a a sentence of 040 years now and remember now which. Carry mandatory life. That's and it's a big old giant deal obviously. Her dead calm. For a when he did Jian an ocean we infer from this that. Additional evidence was discovered or that may be what they had was viewed differently by the DA's office then the sheriff's office. I don't think so this is typically the way so that sent the spent the property cases are charged by. The grand juries. In its greater NC a manslaughter charge being filed by Ortiz usually manslaughter graves. By the defense. As a way to get to a certain lower than life. So usually it usually meant more but the sense that it is a an affirmative arch so it didn't surprise development as well I expected would happen. Now doesn't hurt it waters a lesser included in. Or metric that amounts to much about a murder so. And it certainly is within the range of possible verdicts that a jury returned this case tried but it didn't project that that was the initial chart. During a grand jury process is all that explains moments like look these are the crimes. It is the definition on them as I understand it second degree murder in there is an exclusion in the way that's written for a hot blotter passion right. That that bet is that standard bank into the manslaughter statute and it. Jury that ultimately here a State Department side of the killing was an ego laden met. The victim here provoked mr. capture. Well and they can return ever victim of a manslaughter. And hypothetical case. Bull would be a way to defend yourself from this if if you Euro Ronald dancer and you've already made these statements of the police they know what you said. The grand jury indict Jack I just can't imagine any surprise evidence or anything being. Uncovered at the last minute about this mine and mine not thinking clearly hear one no no. I can't imagine that either. But I will. Mr. Nasser eight viable self defense case and and it depends the property to live at tape of course that similarity between that should you will not obvious. But this case is very much stronger case for justifiable homicide and that cartel needs it once. Because. If in in the now. Berger actually to. To justifications statutes that potentially apply or work in the will Netscape there was only one so the back. Mr. gadget can argue that he that he shot in order to. State himself from being armed. By by the attacker but he'll he'll call him. But there's also in Louisiana Louisiana what's known as a very strong apple state where. In man's home and and and motor vehicle is too. A proverbial capsule. And they'll Louisiana legislature. It's. Two very. Our protective. Statutes. A protective of homeowners and and people within motor vehicles that'll I'll leave or simply to keep someone from entering. The house or the motor vehicle so mr. got lawyers are going to be able argue. Like cargo a patent lawyers argued that he was cheating to dependence they'll. But but fail so you can argue that he was shooting to keep the man out of the car. Which at the jury find that the map justification for shooting. The previous some road rage incident. Coincidentally ironically whatever word you when he used pretty close to where this and happened is that going to be admissible during a trial. And that's a really good question because that the short answer is under the rule about the guns that fire in that should not be admissible. But. Would govern this state is gonna argue. Till they are little in the race that it should comment that it relevant. Some that. But but what it is it's called him permissible character average. It didn't in no case you'll put on evidence that somebody. And EDT. In a certain way would we we in America try people what they are accused of doing on a particular date. Not because they are hot headed out because. They have a propensity. To act in a certain way. So that that that classic character evidence that statement try to use it there and argue that it broke something else but the judge should keep it out. Com. Real quick in terms of practicality pragmatically whatever you want me to say dude does is go to trial you fingers there anyway gets. As a panoply bargain get Saturn or that he avoids doing anymore or dealer or gets converted to time served I guess is he's been in jail. Since what three days after this happened in the bond has been raises 750. Simply doing it out of 500 announced the eyes and get out at 750. Yeah he's gonna obviously electing to with a bond money is gonna sit jail to the states try. It's possible that it could be plea bargain down to manslaughter. In an ordinary case that certainly would be awkward by the prosecution. But unfortunately this is yet another one of these extraordinary cases. We're media scrutiny community. Scrutiny. I would be surprised is the result by by a plea bargain I think that's one news is gonna go to trial. And even if it does they know ladies get now to time served. You know I know happy that some people convicted a man of murder on did you polite ride convicted of manslaughter. It gonna do significant arms thank you Dana appreciate your time albeit agree weakened our barometer union did dancing lean on loyal law professor I guess.