Conviction in fatal school bathroom attack overturned by Delaware Supreme Court

msn ^ | 3/2/18 | Xerxes Wilson and Esteban Parra

[HiTech RedNeck]

In civil law this is, and the wrongful death damages will be gigantic.

In criminal law we have mens rea issues, though if the offender knocked the victim’s head on a sink, that ought to count as wishing a possible death even if an actual death happened otherwise.

[Aevery_Freeman]

<>"Why are blacks so damned violent?"<>

You can't say, or even notice, that cuz' it's racis'!

Have to keep those "in-school crime" stats down or you don't get the Obama bucks from the PROMISE program.

[tomkat]

what a non-surprise

[tomkat]

Who is Cyndi? And what is she doing in my reply?

That's funny right there !  :-))

[wintertime]

“Two Tiered Justice”. Perfect example. Good post.

[TallahasseeConservative]

Genetics.

[rwilson99]

Six months for conspiracy to commit felony murder?

This is why we have school shootings.

[G Larry]

Re-try them with assault and attempted murder.

[MarvinStinson]

[Midwesterner53]

I’m sure they were in the school of technology solely on merit.........

[Midwesterner53]

This killer will die a violent death at some point. Count on it.

[Kriggerel]

As is the case with all BT-1100s, Cyberdyne sent them there. :P

[hanamizu]

What many are missing is the fact that she was charged and convicted as a juvenile in a Family Court. She wasn’t found “guilty”, she was found “delinquent”. Why she wasn’t tried as an adult, I have no idea.

I am not a lawyer, but I have heard that a criminal “takes his victim as he finds him”, i.e. you don’t know your victim has a heart problem, but if he has a heart attack when you rob him, you can be charged with causing his death.

I worked with two juveniles who were locked up for murder. Both were set free on their 18th birthdays with clean records, but there was pressure to release them after they had served only 6 months. The two who shot up a school in Arkansas were let out with clean records and new identities, I believe on their 21st birthdays.

Most states have tightened their laws regarding violent juvenile crimes, but perhaps Delaware has not.

[Ruy Dias de Bivar]

***The state medical examiner testified that Joyner-Francis suffered sudden cardiac death brought on by a rare combination of heart and lung defects that contributed to her death. ****

I am reminded of an old fantasy novel I read 60 years ago. In it a man shoots a policeman. He gets away with it because the Medical Examiner finds the cop had a killing massive heart attack a split second before the bullet hit him.

[Kid Shelleen]

What about the Eggshell Skull Rule? If the victim slipped on a wet floor plaintiff lawyers would be suing the school district for their last penny.

Eggshell Skull Rule - A rule that holds a tortfeasor liable for all consequences resulting from a tortious and/or negligent act that led to the injury of another person, regardless of whether the victim was unusually susceptible to harm.

[Chode]

it's pronounced Eggshell...

[bboop]

Wardaddy, I was wondering the same thing. Good grief. This was common when I was in high school here in Los Angeles - mixed student body. The black girls would be rolling on the lawn after school, fighting, screaming, pulling hair. Amazing to see.