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Old 12-01-2007, 12:49 AM   #58
Lady Brave
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Join Date: Aug 2006
Location: Trinity, NC
Age: 53
Posts: 1,444
Re: Police Detain 4, Look for 1 More (Shooter Confesses, Video of Assailants, Motive)

Quote:
Originally Posted by angryssg View Post
Ran by a Bush, what do you think? I believe that they do, but because it wasn't 1st degree or a capital crime they couldn't push for it anyway.
Go back and read SGG's post on the Florida murder statutes. This will most likely be tried as a capital case unless there's a plea deal to a lesser included offense.

Rivera is a juvenile, but I believe his case could be bound over to Superior Court and he would be tried as an adult.

One thing I don't like about Florida law is that they only apply Second Degree Murder to everyone involved except the one who actually pulled the trigger. In NC, we have an element in our laws called "acting in concert", which means if you were involved in the offense, you are treated just as if you committed the murder yourself.

It's still too early to say what exactly these individuals will be indicted with. If this get to trial on a first degree murder charge, I doubt if a jury will recommend the death penalty. Mostly because of the defendant's age.
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