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Old 09-10-2003, 01:51 AM   #6
Faceman
Hathor
 

Join Date: February 18, 2002
Location: Vienna
Age: 42
Posts: 2,248
We discussed something similar in the topic about the pilot who made a bomb joke and got arrested IIRC. When it came to if he should be responsible for late flights, commercial loss, etc. TL argued that it was all about foreseeability and indirect effects of the crime. Although here the old man is a direct victim (if you can prove that the heart attack was a consequence of the young man's appearance) the young man had no intent (at least I hope so [img]smile.gif[/img] ) and could not foresee (especially because he was probably not in a sound state of mind) that he would encounter an elderly couple AND give them a heart attack. But I wait to hear from Timber about that.
My personal opinion: It's tragic and it shows where immature behaviour can lead (was he drunk? or in a mental state - if latter my following sentence of course does not apply). However it is tragic no more no less.
According to the DA it is a felony murder as it was committed during a felony. Still it has to be a murderous act to qualify as murder. Therefore if it is a murderous act to get someone with a heart condition too excited giving him a heart-attack the possibilities for charges would soar. If someone died from a heart condition after a quarrel with his wife you could charge her with (involuntary) manslaughter. If she said "you gonna regret this" during the conversation she may be even going down for Murder One.
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\"I am forever spellbound by the frailty of life\"<br /><br /> Faceman
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