Bad - Idiot Kills Cheerleader - Only 2nd Degree Murder?

This is a discussion on Bad - Idiot Kills Cheerleader - Only 2nd Degree Murder? within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Tell me why this shouldn't be straight murder. Guy waves gun around, shoots off SEVERAL rounds, one kills cheerleader (linked article only sounds like one ...

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Thread: Bad - Idiot Kills Cheerleader - Only 2nd Degree Murder?

  1. #1
    Senior Member Array Rustynuts's Avatar
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    Bad - Idiot Kills Cheerleader - Only 2nd Degree Murder?

    Tell me why this shouldn't be straight murder. Guy waves gun around, shoots off SEVERAL rounds, one kills cheerleader (linked article only sounds like one shot, but a different one said more shots). I'm sure he's pleading "accidental" discharge. Tampa area, AGAIN!

    I say this idiot should get death (based solely on his appearance IMO!).

    Man accused of shooting cheerleader makes court appearance

    BRADENTON - A Manatee County judge appointed a public defender to represent Daniel Floyd Williams, who is accused of shooting a 17-year-old cheerleader Friday night.

    In a brief first appearance this morning, a shackled Williams, 18, said his mother may hire a private attorney. The judge assigned a public defender to handle the case until then.

    Williams is being held without bail on a charge of second-degree murder.
    He turned himself in to the Manatee County Sheriff's Office about 10 p.m. Saturday, roughly 23 hours after Jazmine Thompson was shot while sitting in a car with three other girls near Southeast High School in Bradenton.

    On Sunday, cheerleaders on Thompson's squad with help from parents and other students raised more than $3,500 washing cars to help pay for her funeral.

    The slain teen's family doesn't have money to pay for the funeral, said Joe Martin, general manager of the Mexicali Border Café in Bradenton where the car wash was held.

    Hundreds of people showed up to have their cars washed and make donations, said Debbie Capobianco, mother of Kristi Drobecker, a captain on the cheerleading squad. Lines stretched around the building. One person donated $200, Capobianco said.

    Even students from other Manatee County high schools pitched in. They washed so many cars, the teens ran out of soap.

    "People were just so generous. The community has been great," Capobianco said.

    Organizers expect to give the family the money on Tuesday.

    Thompson was with two classmates shortly after 11 p.m. Friday and had just picked up a friend who attends Southeast High School.

    The shooting happened after Williams approached the car and struck up a conversation, Manatee County Sheriff Brad Steube said. After the conversation became heated, Williams started waving a gun that went off, striking Thompson, who was sitting the back seat, according to Steube.

    Thompson was shot in the head. Her friends drove several miles to her home on 32nd Avenue East and called 911.

    By the time paramedics arrived, the Bayshore High School senior was dead.
    The sheriff said Williams knew at least one of the girls.

    Williams has lived in Manatee County for about four years, but investigators don't have a permanent address for him. Investigators believe Williams' nearest relative lives in Philadelphia, Steube said.

    They think Williams has lived with various girlfriends since moving to Manatee County in 2005.

    Thompson had hoped to attend University of Central Florida to study law and become a defense attorney.

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  3. #2
    Distinguished Member Array pcon's Avatar
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    I don't know that he should get life based upon how the man looks...that's pretty frivolous. What he did was certainly very VERY stupid. Why did her friends drive several miles to her home before calling 911? Why not take her to a hospital right away?
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  4. #3
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    Well, I would assume it is 2nd degree murder because it doesn't meet the criteria for a 1st degree or a capital murder charge.

    We don't have all the facts here, but it appears that the shooting event itself stemmed from an act of negligence. He did not seek her out in order to kill her or was part of a murder for hire scheme. So, no capital murder charge and no 1st degree, "premeditated" murder.

    For a 1st degree murder charge, they usually have to prove he intended to kill the person over a period of time.

    In this case, there was a spontaneous conversation which was started after a random meeting. (He just walked up and "struck up a conversation.") Now, at some point during the conversation, it became an argument, and even though he pulled a gun and was waving it around. I could be contended that it was just for show or intimidation and that the actual shot was due to a negligent act.

    I am sure that is why they are filing for 2nd degree.

    Also, often times... as vividly explained by Denzel Washington in the movie "Training Day:" "It's not what you know... It's what you can prove!"

    Prosecutors will often charge a lesser count of murder because they know it is much easier to win a conviction as opposed to going for a higher degree of murder charge and quite possibly having a person they know are guilty end up being acquitted because they couldn't satisfactorily prove the higher burden.

    In this case, based on just this one article, I really believe that the death was probably more from a negligent act as opposed to premeditated.

    Some states call 2nd degree murder either voluntary or involuntary manslaughter.
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    Senior Member Array Rustynuts's Avatar
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    The looks thing was a joke, hence the parens (kind of).

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    I agree with Bark'n...and I believe that there's little doubt as to the thug's guilt.
    We won't be seeing Danial Floyd Williams on the streets again...can you say "10-20-Life"?

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    The usual standard for 2nd degree murder is "depraved indifference" to human life versus the premeditation element required in most jurisdictions for 1st degree.

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    Senior Member Array mojust's Avatar
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    These guys don't do much for second amendment rights.
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    How we behave as gun owners is important. Posturing and threatening does not serve us well in the public eye.

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    Senior Member Array Pure Kustom's Avatar
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    Someone could give him a row boat, then put him in the water, Then place a call to the NAVY SEALS and say the pirates are at it again!!!

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    Senior Member Array lance22's Avatar
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    I used to live in Wauchula, and I've spent plenty of time in Bradenton where the crime took place.

    Williams has lived in Manatee County for about four years, but investigators don't have a permanent address for him. Investigators believe Williams' nearest relative lives in Philadelphia, Steube said.

    They think Williams has lived with various girlfriends since moving to Manatee County in 2005.
    Seems like the crap from Tampa works it's way down the coast, especially on weekends.

  11. #10
    VIP Member Array automatic slim's Avatar
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    Don't be surprised if it's pled down to volutary manslaughter.
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    Ex Member Array JOHNSMITH's Avatar
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    It isn't 1st degree because it doesn't fit the criteria. The degrees are there for specific categories of the murders, not necessarily how "bad" the murder was. For a charge of 1st to stick, you'd have to prove he had the previous intent to specifically murder that young girl (e.g., he drew out exact plans on how to kill her then finally carried it out).

    I also fear that this will probably end up as manslaughter or "criminally negligent homicide" or something.

  13. #12
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    Quote Originally Posted by automatic slim View Post
    Don't be surprised if it's pled down to volutary manslaughter.
    He should get an additional 50 years for just being that damn stupid!
    ALWAYS carry! - NEVER tell!

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