[eastforker]

Here is a scenario for you, you are at home, you look out to your back yard and you see some one stealing your tools out of your shop, you confront the guy and get him on the ground. since you weigh 250# and the perp only weighs 130 you sit on him while you call the cops on your cell phone, when the cops get there 20 minutes later the guy is dead, are you now a murderer?

[JamesP81]

Here is a scenario for you, you are at home, you look out to your back yard and you see some one stealing your tools out of your shop, you confront the guy and get him on the ground. since you weigh 250# and the perp only weighs 130 you sit on him while you call the cops on your cell phone, when the cops get there 20 minutes later the guy is dead, are you now a murderer?

Probably not murder. But negligient homicide, or manslaughter, yes indeed.

[Modernman]

since you weigh 250# and the perp only weighs 130 you sit on him while you call the cops on your cell phone, when the cops get there 20 minutes later the guy is dead, are you now a murderer?

It probably doesn't rise to the level of murder. Some sort of manslaughter or negligent homicide would be more appropriate.