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Murder In Chemung County


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Dam I worked with this guy 35 years ago. He moved to Big Flats to get out in the country from the BS in Elmira and by some random nut he was killed.

http://www.stargazette.com/story/news/local/2017/11/03/carjacking-corning-led-big-flats-home-invasion-chemung-county-sheriffs-say/829121001/

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15 minutes ago, Mike in Horseheads said:

I found that to be a odd statement but guess ole Weedon doesn't want to commit to anything

 

The Burg 1st is just a placeholder charge to lock him up. They will finalize the charges through the Grand Jury process.

 

Odd phrasing, but nothing out of the ordinary.

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22 minutes ago, Koko78 said:

 

The Burg 1st is just a placeholder charge to lock him up. They will finalize the charges through the Grand Jury process.

 

Odd phrasing, but nothing out of the ordinary.

Yeah, suppose that makes sense. At this point they don't know if it's 1st or 2nd degree (probably not 1st as there was no pre-meditation?)

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7 minutes ago, BringBackFergy said:

Yeah, suppose that makes sense. At this point they don't know if it's 1st or 2nd degree (probably not 1st as there was no pre-meditation?)

 

My guess would be that there will be at least two different counts of Murder 2nd, one under a straight 'he committed an act to intentionally kill the person' theory, and one under the felony-murder doctrine alleging that the person was killed during the commission of another felony.

 

I would wager that the indictment will have a good number of charges.

 

As for premeditation, it's probably not going to be worth the extra effort at trial to try to prove premeditation for what amounts to little benefit at sentencing (assuming that they can prove premeditation at all). The maximum sentence for Murder 2nd is 25-to-Life, and for Murder 1st is Life without Parole. The guy probably isn't going to make parole for a good long time after the 25 year minimum anyhow. Probably not worth risking overcharging him unless the evidence of premeditation is very solid.

Edited by Koko78
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3 minutes ago, Koko78 said:

 

My guess would be that there will be at least two different counts of Murder 2nd, one under a straight 'he committed an act to intentionally kill the person' theory, and one under the felony-murder doctrine alleging that the person was killed during the commission of another felony.

 

I would wager that the indictment will have a good number of charges.

Definitely

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