UNLV's top recruit Zaon Collins involved in DUI fatality

[Drew0311]

I am an attorney, but I haven’t studied for the bar in a while…

All criminal laws are statutory, and most crimes are state-level, meaning there can be variations from jurisdiction to jurisdiction.

However, AFAIK basically every state is very similar with murder/manslaughter.

Murder 1 is what you think of; premeditation to kill another person.

Murder 2 is when you intend to kill the person, but it wasn’t necessarily premeditated (think, escalation of a bar fight and then pulling a gun or knife or something; you intended to stab/shoot, but didn’t go to the bar intending to kill someone).

Manslaughter is when you kill somebody but didn’t have the intent to kill them. Drunk driving is a pretty frequent example.

Some states also have “depraved heart murder,” which is basically where the actions weren’t necessarily intended to kill someone, but it is SO dangerous that any reasonable person would know they are almost certainly going to kill someone. There was an old case (don’t remember the name) where some young adults were going to a highway overpass and basically shoving boulders/big rocks over the edge onto the road, and killed someone driving by. Technically they weren’t intending to kill someone, but it was SO STUPID that it was a murder charge. Most of the time, drunk driving accidents don’t rise to depraved heart murder, but they CAN rise to that level, for example, if there’s a history of multiple DUIs or other specific facts.

There is also felony murder; this is when you kill someone during the carrying out of a violent/dangerous felony (robbery, kidnapping, arson, that kind of thing).

Just out of curiosity would getting in a bar fight, punching a guy and he falls back and hits his head on the ground and dies, would that cover the depraved heart murder?

 

[coolerifyoudid]

Just out of curiosity would getting in a bar fight, punching a guy and he falls back and hits his head on the ground and dies, would that cover the depraved heart murder?

You need to start with "Asking for a friend" instead of "Just out of cuiosity". It's better for your defense team during discovery.

 

[ghyland7]

Just out of curiosity would getting in a bar fight, punching a guy and he falls back and hits his head on the ground and dies, would that cover the depraved heart murder?

I think probably not? I’m spitballing here.

To be clear;
1) I am a transactional lawyer (document work);
2) I don’t touch criminal with a 10-foot-pole;
3) criminal law is a class in law school and a bar exam subject, but most lawyers don’t touch it after those couple years if they don’t do criminal defense or work for a state/federal office.

Depraved heart (iirc) is EXTREMELY fact-specific. Maybe a creative prosecutor could argue it if there were certain facts.. but it seems likely to me someone falling and hitting their head is likely more along the manslaughter lines. Maybe murder 2 if the puncher was yelling “I’m going to kill you!!” while lunging with their fists.

 

[BWRhasnoAC]

Call it what you want. A person who kills someone recklessly with a car is rarely held accountable.

Getting rear-ended by a 3x DUI offender who was going 90 in a 55 has changed my entire outlook. The guy got probation and a fine. What the hell does someone have to do to get their license revoked in this country?

If he was charged with a DUI he had to lose it for a least a period of time. Followed by fines and a weekend long class that you must take. Usually a breathe device to start ignition in your vehicle for a probationary period. At least that was the case in Iowa.

 

[FarmClone]

Just out of curiosity would getting in a bar fight, punching a guy and he falls back and hits his head on the ground and dies, would that cover the depraved heart murder?

Not a lawyer here. A guy I knew threw one punch. Knocked the other guy out and he hit his head on the corner of a table as he was falling and he died.

Charged with involuntary manslaughter and 6 years in prison. He was out around 2 years after sentencing.