Cycling the slide, pointing the gun at the shootee, and pulling the trigger were all deliberate. The question is whether killing him was deliberate. Under U.S. common law (and which is based on English precedents) that’s the essential element of the crime of murder: no intent to kill, no murder.

One of the most common reasons for unintended firearms deaths caused by someone other than the victim is that someone assumed a gun was unloaded, and absent the “intent to kill” element the perpetrators don’t get convicted of murder.

I’m amazed he made it to life support.

I'd think that if her intention was to shoot him she'd be smart enough to keep her face out of the camera's lens.

But then how smart is she really?

In the excitement of attempting to show her badassness, she forgot the first rule of gun safety: Treat all guns as if they are loaded. Dat be righ 'n shit, nome sane. Call de amberlamps.

quote:

Originally posted by Tommydogg:
Would have been perfect if the dude's name was Marvin!

Thats what I was thinking.

quote:

In the excitement of attempting to show her badassness, she forgot the first rule of gun safety: Treat all guns as if they are loaded.

What I see in this video, and many other videos from "da hood", and many rap videos, is a culture completely devoid of any rules of gun safety.

I was taught to treat every firearm as if it were loaded, until I check that it is clear. I was taught to always keep a firearm pointed in a safe direction. I was taught to keep my finger off of the trigger until I am ready to shoot.

They leave the gun on the center console accessible to anyone in the vehicle to pick up and play with as if it were a toy!

This video shows a culture that does not value safety; a culture that does not put the same value on human life that I was brought up in. Call it a "culture of death" if you wish.

These people screaming about gun control and gun violence and pointing fingers at the NRA should be looking first and foremost at the culture of violence in which they live and the lack of respect for human life within that culture.

Back seat dude says "Aint got no clip." at 21 mark.

Sad and disturbing testiment to ignorance...

"hey man, you makin me nervous"
"she ain't got no clip bud"

Uhhh, yeah...

She thought the gun wasn't loaded and cocked it so she would get that click again when she pulled the trigger. Simple as that. Pointing the firearm at the dude's head and pulling the trigger was ignorant, juvenile stupidity rampant in that dumb gangsta culture.

That's what happened. Morons all around in the simplest terms.

quote:

Originally posted by Tuckerrnr1:
Back seat dude says "Aint got no clip." at 21 mark.

Good point. I have trouble following that dialogue, but it’s another indication that they were screwing around with what some of them thought was an unloaded gun. The shootee says, “You’re making me nervous,” to which the guy in the back says in essence, “Hey, don’t worry; it’s okay, it’s unloaded.” The woman shooter kept going on about “We draw down,” presumably about how they deal with people they don’t like, and then she proceeds to demonstrate how to do it: rack the slide and pull the trigger.

And yes, the obvious problem in that situation was that the woman broke several fundamental rules of gun safety, but that’s like saying some guy born and raised in the Congo doesn’t know how to ski very well. There’s a good chance that none of the people in the car could even legally own a handgun, much less are they going to Gunsite to learn how to use it properly. It’s not just people like that who don’t know anything about safe gun handling; how many times have we seen complaints here about unsafe acts at a gun range or store—including by employees.

It’s not about what we were taught, it’s what others were taught, or more accurately, what they learned. People don’t learn to handle and shoot guns safely by osmosis, and we shouldn’t be surprised when some do things that are unsafe.

quote:

Back seat dude says "Aint got no clip." at 21 mark.

It's a magazine, not a clip.

More on the girl involved:
https://crimeola.com/cassandra...-video-devyn-holmes/

A google search would indicate that she is a customer service manager at REI in Houston, and also an accomplished Mountain Dulcimer musician.

quote:

Originally posted by Sgt Neutron:
More on the girl involved:
https://crimeola.com/cassandra...-video-devyn-holmes/

A google search would indicate that she is a customer service manager at REI in Houston, and also an accomplished Mountain Dulcimer musician.

[FLASH_VIDEO]<iframe frameborder="0" height="315" src="https://www.youtube.com/embed/yate2ablH9I" width="560"></iframe>[/FLASH_VIDEO]

And according to the same site, the victim got his bachelors degree in 2013 and is also fluent in French, Spanish, and a Serbian.

quote:

Originally posted by Copefree:

quote:

Originally posted by Sgt Neutron:
More on the girl involved:
https://crimeola.com/cassandra...-video-devyn-holmes/

A google search would indicate that she is a customer service manager at REI in Houston, and also an accomplished Mountain Dulcimer musician.

[FLASH_VIDEO]<iframe frameborder="0" height="315" src="https://www.youtube.com/embed/yate2ablH9I" width="560"></iframe>[/FLASH_VIDEO]

And according to the same site, the victim got his bachelors degree in 2013 and is also fluent in French, Spanish, and a Serbian.

Not now, he ain't. IF he survives this beyond occupying space in a full service bed for life, it'll be coloring books and crayons from here on. Sad turn of events for what appears to be a truly stupid game.

Voluntary manslaughter.

As for the vehicle, I'm reminded of this scene from Pulp Fiction with Sameul S. Jackson:

quote:

IN FACT, WHAT THE FUCK AM I DOIN' IN THE BACK? YOU'RE THE MOTHERFUCKER WHO SHOULD BE ON BRAIN DETAIL! We're fuckin' switchin'! I'm washin' the windows, and you're pickin' up this nigger's skull!

They'll never get all the blood out of that leather seat cover.

It's all fun and games until you shoot your homey in the head. I hope their library books didn't get too soiled.
__________

It is at least some form of negligent or reckless homicide, and the fact that she had to rack the slide first gives the prosecutor a pretty good argument that it was an intentional homicide - i.e. a murder.

This is what I imagine would happen if 5 yr old children found a gun....

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Voluntary manslaughter.

Voluntary Manslaughter Overview

Voluntary Manslaughter: Definition

Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder.

For example, Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly.

On the spectrum of homicides, this offense lies somewhere in between the killing of another with malice aforethought (aka, murder) and the excusable, justified, or privileged taking of life that does not constitute a crime, such as some instances of self-defense.

Voluntary manslaughter is a separate concept from involuntary manslaughter and has several definitions depending on what state the crime occurs in. Involuntary manslaughter, on the other hand, occurs when someone dies as a result of the defendant's non-felonious illegal act or as a consequence of the defendant's irresponsibility or recklessness.

http://criminal.findlaw.com/cr...ughter-overview.html