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.
Last I heard, Mr. Whittington is going to (gasp) live.
the DUmmies and media shills want this man to die.
Boy it's nice to see that the AP is hoping for a speedy recovery. /s
I hope his family has a food taster for him. Having several hundred journalists holding a candlelight vigil outside the hospital would make me nervous.
Wow, simply amazing. The AP is writing wish pieces, absolute wish pieces.
The AP, DUmmies, and the MSM have to be the most craven bunch there is.
Another slow news day,I guess.
James Taranto of the OpinionJournal's Best of the Web Today has an excellent item on this
http://www.opinionjournal.com/best/?id=110007971
In other news...
If I hit the Powerball tonight, I'll be on a warm beach by the weekend.
If that happens, let me know. Until then, I don't care.
This is worth a medium sized headline, and two minutes on the evening news, and thats it. Its a good story, its interesting. Its not a major story except for the day it happens.
If Cheney's friend dies, he'll be distraught. The loss of his friend will be much more painful than any legal action that may result. The human story in all this is the only story that interests me. The press sees only a political story, and this distorts their view of this and every other story they touch.
When this man dies in 20 years at age 98 the press will be claiming it was premature, and due to gunshot by Cheney.
Has anyone gotten a statement from the Swimmer yet?
Yeah, let's the GOP play THAT game too.
The media is just a buncha GHOULS!
If Mr. Whittington dies when he's 88 -- in 10 years -- the press will scream for homicide charges against Cheney.
This is an example of important principle, but doesn't exactly call for this gee-whiz treatment.
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