Vigilate or murderer???

[Boozy]

I still don't see how Murder 1 charges could be laid. If they charge him with anything (and I personally think they should), I'd think it would be Murder 2, tops.

[Wingates_Hellsing]

I think the worst he could be reliably charged and convicted of would be manslaughter, if only because I'd be busting out the temp insanity should it be murder.

I'm not saying that I know what I'd do, but there are classes taught by NRA instructers and others that deal with home defense, concealed and open carry etc.

And while I can see the adrenaline fight or flight rush counting as temporary insanity, the guy was if not entirely lacking in the basic knowledge, was very sloppy. If it's true that he shot the kid who didn't have a visible weapon (and as it eventually turned out no hidden one either, after the fact) then there's the fact that he chose the wrong target, he also hit the kid in the head, assuming this guy isn't just a sucky shot or the kid was providing a moving target, then he wasn't aiming for center body mass as he should have been. He should keep his skills sharp if your going to CCL or use a gun for home/buisness defence (you NEED to hit your TARGET and NOTHING else) and if the kid was running... well then, no need to shoot anything other than a warning shot which would also be incorrect as you should only fire your weapon if you intend to harm your target.

I put all of that together and see a guy who either didn't know what he was doing, or screwed up BIG TIME.

Alas, all the info I and the rest of us are working off of must be taken with a grain of salt, so my opinion is just that.

P.S. It's also very common for people to actually become more attentive, quick thinking, and even rational when under enough pressure. In many cases this is true and the person in question is disoriented afterwards when the effect fades and they are left with what could best be described as a cross between adrenaline withdrawal and a kind of hangover. Again, I'm no real expert but this is grounded in fact as far as I can tell.

[Greenday]

Murder II would probably have a high likelihood of conviction in this case. But I still feel like the prosecutor has a good chance at Murder I.

[BlaqueKatt]

I still don't see how Murder 1 charges could be laid.

again slyt quoted from the actual lawbooks from oklahoma as to why and I gave a basic from the american encyclopedia of law.

From West's encyclopedia of american law

"First degree murder is a homicide committed with deliberately premeditated malice, or with extreme and wanton malice. "

Wanton-
1. done, shown, used, etc., maliciously or unjustifiably:
2. deliberate and without motive or provocation; uncalled-for
3. without regard for what is right, just, humane, etc.; careless; reckless:

Malice-desire to inflict injury, harm, or suffering on another, either because of a hostile impulse or out of deep-seated meanness:

so deliberate and unjustified desire to inflict injury or harm.

The suspect was lying on the ground unconscious-shooting someone when they are no longer any kind of threat is wanton malice.

[Gravekeeper]

Argh! The fact this is even being debated infuriates me.

That was murder. Period. I won't bother rehashing the points already posted. But yeah, he came back and executed the other robber. End of story.

In that situation I would not have chased Robber #2. I would have checked #1, restrained him if need be and applied first aid. Yes, first aid.

Don't say "you never know how you'd react" either. I have been held at gunpoint ( to my face at that ) and threatened before because a classmate of mine in high school fell into some serious gang shit I was unaware of. So they pulled up and grabbed me off the street one night when I was walking home from the store. Because they were trying to find him to put a few holes in him. Yeah, lots of god damn fun.

But I stayed completely calm. Thus I am still alive and not in a jail cell.