Posted on 02/15/2006 1:24:33 PM PST by iPod Shuffle
If lawyer dies, Cheney could face negligent homicide charges
02/15/2006 02:42:17 PM
DALLAS (AP) -- If the man wounded by Dick Cheney dies, the vice president could -- in theory at least -- face criminal charges, even though the shooting was an accident.
Dallas defense attorney David Finn, who has been a state and a federal prosecutor, said Wednesday that a Texas grand jury could bring a charge of criminally negligent homicide if there is evidence the vice president knew or should have known "there was a substantial or unjustifiable risk that his actions would result in him shooting a fellow hunter."
"The risk must be of such a nature and degree that it got to be pretty outrageous -- that a reasonable person would have to say, `I am not pulling the trigger because this other guy might be in front of me,"' Finn said. *
The charge carries up to two years behind bars, but with no previous felonies Cheney would be eligible for probation, the former prosecutor said.
Mark Skurka, first assistant district attorney of the three-county area where the shooting took place, said prosecutors did not have an investigation under way.
"If something unfortunate happens, then we'll decide what to do, then we'll decide whether we're going to have an investigation or not," Skurka said.
Harry Whittington, a 78-year-old lawyer, was struck in the face, neck and chest with shotgun pellets over the weekend while Cheney was shooting at quail. Whittington suffered a mild heart attack Tuesday after a pellet traveled to his heart.
But on Wednesday, hospital officials said he had a normal heart rhythm again and was sitting up in a chair, eating regular food and planned to do some legal work in his hospital room. Doctors said they are highly optimistic he will recover.
In the only other case of someone being shot by a vice president, Aaron Burr was indicted on murder charges in New York and New Jersey for killing Alexander Hamilton in a duel in 1804, but he was never tried and finished out his term in office.
There was a commerical awhile back where a couple both had something inportant to tell the other.A you first thing. The guy decided to go first and get it over with. He wanted to break up. He then asked her what she wanted to tell him and it was "I just won the lottery":')
The vultures are circleing.
Statute:
TEX. PEN. CODE, § 6.03(d), which defines criminal negligence:
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware [*2] of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Just like the media was breathless in anticipation waiting for Reagan to die after he was shot. They nearly gave hourly updates on his temperature.
LoL silly liberal don't you know that the PRESIDENT OF THE UNITED STATES OF AMERICA can grant clemecy to anyone? I don't think we have to worry about good ol Dick Cheney spending anytime in jail...
You've been watching too much 24.
The president's clemency powers extends only to federal crimes.
keep michael schiavo away from whittington!
"-- in theory at least --"
These people are evil. Just plain sick and evil.
I have not been to DU in months, but I have to believe there are DU'ds that will want the wounded man to die, so Cheney is blamed...
I've almost been afraid to even ask this out loud, but I can't believe that the MSM hasn't dug up Laura Bush's car accident where a school chum was killed while she was in High School. (It was ruled an accident, and it was just as much of an accident as this hunting accident.)
I mean, this Administration is just FILLED with Killers and Liars. /sarcasm
I find it hard to believe that ANYTHING would be out of bounds for these jackals.
Has anyone seen any hints of this? Or did I just bring the 'Wrath of the Tin Foil Hatted Lurkers' down upon our heads? *Ducking For Cover*
If Monica Lewinsky dies of AIDS Clinton could face negligent homicide charges.
:-) YOu're welcome, Txsleuth!
Mary Jo was pregnant???
Who is the lawyer that stated this?
I want a complete investigation on the person who says Cheney is responisible if this man dies...
I want Clinton, Kerry, Reid, Kennedy, Polski head on a platter for leaking this news....
Wow, does Mr. Whittington have faithful sentrys on guard at his hospital bed. The Rats seem to want Whittington to die. It's effing shameless.
Teddy best no laugh too loudly, 'ole Dick may slip in a "chuckle" about the Swimmer's "luck".
Their intentions are perfectly clear...the only thing that shocks me is how anybody who is actually paying attention can truly agree with, or attempt to defend anything they do or say.
They just sound like a bunch of desparate, raving lunatics.
It's plainly obvious that democrats in political positions are blind with hatred of our President and blindly oppose anything he says or does.
I can't really believe that the typical democrat agrees with the actions of their leaders, so I have to ask a couple of questions:
What have your democrat leaders done for you lately? I'm not talking about some local zoning issue, or smoke-free environment, or some safe-sex free condom proposal from your local peon, I'm talking about your TRUE leadership, and their activities concerning national or international issues. Can you name a few?
Democrats don't have any plan or any ideas beyond bullshitting their constituents into believing that they actually have plans and ideas.
I recall that Kerry had a plan for winning the war in Iraq. Win or lose, I think it would be in our national interest for him to divulge the plan. Where's that plan? Is he going to kep it a secret to punish us for not electing him?
Well, there was no plan...except the crush Bush at any cost plan. Democrats do nothing but spend ALL of their time and energy thinking about their own war strategy which boils down to how they can crush Bush or anybody associated with him in the quest to regain power.
When will democrats wake up and realize that the only people who REALLY care about them are Republicans?
But on Wednesday, hospital officials said he had a normal heart rhythm again and was sitting up in a chair, eating regular food and planned to do some legal work in his hospital room. Doctors said they are highly optimistic he will recover.
Bad news, very bad.
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