VT Freshman Charged with Murder

Cyrealist

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So you agree with what he initially said, yet you argue with him, why? Just so you can't take the imaginary moral high ground?
I expect there are some men who want to have sex with a trans woman but want to tell themselves they were tricked into it. They wouldn't want to be told flat-out their companion was a male. A lot of non-verbal communica5tion and room for misunderstandings.
 
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Cyrealist

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A couple of facts that I haven't seen in the articles:

Were the pictures on the profile a random girl or pictures of the deceased?

Was the deceased a gay man or a trans woman?

While no set of facts make the death okay, if the profile was not pictures of the deceased and the deceased was a gay/bi man looking to trick straight men into having sex with him, two crimes took place which might ultimately decrease the outcome of the second crime from murder II to some form of manslaughter. If someone has sexually assaulted you (or is attempting to), you're not justified to take the course of action that the accused did, but there is potential for some reduction in charges based on state of mind.
I agree with activists that the "Freak-out, loss of control" defense in such cases is bogus. It's murder, even if first degree murder can't be proved.
 
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Tre4ISU

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Did anyone read the story that followed this one?

It was about the adopted son of Bo Schembelcher (the famous Michigan football head coach) - he told Bo that the team doctor sexually molested him when he was 10. Bo didn't do anything...others have said the same thing.....

The Michigan stuff is there with PSU and MSU. The difference is that no one is still alive to fight so all they can really do are make reparation's with victims and take down names/statues. Hopefully they handle it better than previous institutions. If not, I guess that's one less team to pay attention to.
 
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KennyPratt42

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I agree with activists that the "Freak-out, loss of control" defense in such cases is bogus. It's murder, even if first degree murder can't be proved.
Based on the information that's been reported, by definition the crime isn't Murder in the 1st degree or Capital Murder in Virginia so it's not really a matter of being proven. Based on the facts it will be a matter of Murder in the 2nd degree, Voluntary Manslaughter, or Involuntary Manslaughter.

The most sympathetic set of facts for the accused (the catfishing scenario where they didn't know the identity of the deceased until the second encounter) could result in a Manslaughter conviction. In my opinion, there are several more likely sets of facts, most of which would lead to a Murder in the 2nd degree conviction.
 

20eyes

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Based on the information that's been reported, by definition the crime isn't Murder in the 1st degree or Capital Murder in Virginia so it's not really a matter of being proven. Based on the facts it will be a matter of Murder in the 2nd degree, Voluntary Manslaughter, or Involuntary Manslaughter.

The most sympathetic set of facts for the accused (the catfishing scenario where they didn't know the identity of the deceased until the second encounter) could result in a Manslaughter conviction. In my opinion, there are several more likely sets of facts, most of which would lead to a Murder in the 2nd degree conviction.
Wouldn't the brutality of the murder get it to 2nd degree?
 

Pat

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Wouldn't the brutality of the murder get it to 2nd degree?


Summary, not the actual code, but “brutality” doesn’t appear to matter. He’s been charged with 2nd degree (5-40 years), and I wouldn’t be surprised to see it pled down to Voluntary Manslaughter (1-10 years). Given the limited information that we have, either seems appropriate.
 
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Clonefan32

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Not being dense. Just puzzled by some of the reactions here. I understand that this may have been a case of catfishing where the victim was using photos of another woman and concealing their identity...so lying about who they are, which is wrong.

But if this was a trans woman, how are they lying? It's just their body and how they look.

I think this is where the Tinder profile becomes problematic. I would agree with you if this whole thing took place at a bar it is a different scenario. If someone is initiates something in that setting I think it's more reasonable to not have to disclose your birth gender and you can assume if they are attracted to you they are just that.

But on Tinder I'd imagine you have options as to how you hold yourself out to others, and you shouldn't be purposefully misleading.
 
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Cyrealist

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I think this is where the Tinder profile becomes problematic. I would agree with you if this whole thing took place at a bar it is a different scenario. If someone is initiates something in that setting I think it's more reasonable to not have to disclose your birth gender and you can assume if they are attracted to you they are just that.

But on Tinder I'd imagine you have options as to how you hold yourself out to others, and you shouldn't be purposefully misleading.
People have a moral obligation to be honest on Tinder? I think your reasonable expectation should be that you see what shows up and deal with it.
 
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Cyrealist

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Summary, not the actual code, but “brutality” doesn’t appear to matter. He’s been charged with 2nd degree (5-40 years), and I wouldn’t be surprised to see it pled down to Voluntary Manslaughter (1-10 years). Given the limited information that we have, either seems appropriate.
1-10 seems wildly inappropriate. Many states have provisions for extended sentences if there are aggravating circumstances. Prosecutors should go for 2nd degree and only offer a more moderate sentence in a plea deal.
 
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Clonefan32

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People have a moral obligation to be honest on Tinder? I think your reasonable expectation should be that you see what shows up and deal with it.

I think we can acknowledge this scenario is a little different than saying your 6'3" when you're actually 6'1", can't we?

I don't disagree with the premise necessarily, but I think it comes down to intent. Are you trying to attract a straight person that you know likely wouldn't want a sexual encounter with a trans person through deceit, or is it an honest mistaken understanding?
 
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randomfan44

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No, some people just refuse to accept any opinion with any sort of nuance. You have to take the correct side with the correct strength or you're the *******.
There's no correct side and I have made no attempt to paint you as any sort of ****** in this. My issue isn't with you discussing what led this guy to respond how he did, I think we all understand why he did. I apologize if you felt I was attacking you or the point you were making. that was not my intention.

My point is that this type of macho overreaction of bashing someone's head in is what happens when we spend so much time making "well if that ever happened to me I'd kick their ass" a valid response to these types of situations. The constant passive support of violent reactions to situations results in people doing exactly what happened here.

What should have happened was that the guy should have called the cops and reported it as a sexual assault but can you imagine how he would have been treated by family, friends, teammates etc... if he had actually done that? Some people respect childish violent overreactions much more than they respect doing the harder, right thing.
 
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Neptune78

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The Michigan stuff is there with PSU and MSU. The difference is that no one is still alive to fight so all they can really do are make reparation's with victims and take down names/statues. Hopefully they handle it better than previous institutions. If not, I guess that's one less team to pay attention to.

That would be something if Michigan actually decides that the Bo statue can no longer stand outside the Big House.
 
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IASTATE07

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Was found Not Guilty … be interesting to see if shows up on a football field this fall.

I hadn't been following this case, but was surprised to see him found not guilty the other day. Curious as well to see if he plays football again.
 

Gorm

With any luck we will be there by Tuesday.
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I hadn't been following this case, but was surprised to see him found not guilty the other day. Curious as well to see if he plays football again.

I've followed the case as well. Its an unusual case, as the defense his team used was outlawed by the state. However, the crime took place before the "effective" date of the law, and thus he was able to use it.

Apparently "gay panic" was a viable defense at one time, and in a lot of other states.

More info: https://vpm.org/news/articles/32412...tested-as-former-tech-football-player-goes-to
 
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Clonehomer

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3TrueFans

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I legitimately didn't know that "I'm so homophobic it made me temporarily insane" was an actual defense, even for killing someone. Humans continue to surprise me every day.
 

Rabbuk

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I legitimately didn't know that "I'm so homophobic it made me temporarily insane" was an actual defense, even for killing someone. Humans continue to surprise me every day.
It's called the gay panic defense. It's pretty common.