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.
Yeah. when monkeys fly out my rear.
Bush will say nope, because it would be a circus and drag every other political hack into the "discovery" process.
Can anyone say pardon.
roflmao
The "morbid", the merrier. [j/k]
The MSM is such idiots..I hope they get what they want but not in the person they want to die..maybe they will get their wish if Harry Reid dies..You know the one that waited three days before reporting his heart attack to the idiot media..
It almost impossible to prosecute a hunting accident. We used to joke that if you wanted to take somebody out, and get away with it, take them hunting.
The medical examiner gave many incredible rulings, including that murder victims committed suicide and that one victim's head could not be studied because it was eaten by a dog. The family exhumed the body, finding head intact. the examiner was supposed to be fired but instead got a raise from - Jocelyn Elders.
So if the hunter dies, Cheney just needs a medical examiner on the take, like Clinton had. The media covers up such evil for democrats, it's amazing.
ha ha ha
Sheesh...that one note in Taranto's column about Hillary and Kennedy laughing during an Armed Forces Committee hearing...
It says she threw back her head a laughed so loud it eched in the chamber...
YIKES...we all know how bad her cackle sounds...it sent shivers up my neck..just reading about it...LOL
David Finn, Fort Worth Texas criminal defense lawyer concentrating in drunk driving (DWI), possession of drugs and other controlled substances
attorney David Finn was selected by his fellow lawyers as a "Texas Super Lawyer"
Dallas personal injury lawyer, David Finn concentrating in wrongful death, medical malpractice, premises liability and defective products cases.
******
From the age of 10, Judge David Finn knew he was destined to become a lawyer. His father, Dallas lawyer Frank Finn took him on a business trip to Washington, D.C. where David was planted in the front row of a large, crowded room and was told by his father, "keep your eyes and ears open and you’ll learn something – this is history." So, for a week, he watched the Watergate hearings. That week motivated him to become a trial lawyer.
He majored in politics and minored in Latin American Studies
Judge Finn says that he learned his most valuable lessons about being a judge before he was even sworn in, when he stayed home for nine months to care for his one-year old son, Liam, so that his wife Melissa, who received her B.A. from Texas A&M and her M.A. from the Columbia School of Journalism, could go back to work as editor at The Associated Press in Dallas.
If you do something stupid and somebody dies as a result, you could be prosecuted for negligent homicide, whether your name is Dick Cheney the Veep or Joe Blow the ragpicker. This is a sound principle, but (as I noted) is being used to whip up witless hype by the author.
Our press secretary caved in to that prick reporter Gregory. If Gregory talked to me like that, I would permanently ban him from the White House!
And if a frog had wings, it wouldn't bump its ass a-hopping...
Normal people's reaction: Thank God! MSM reaction: Oh, damn!
If he lives to age 98 they will claim that Cheney shortened his life.
I have no problem with this. Cheney and, any hunter, is 100% responsible for his shot. It was negligent not accidental.
Shouldn't the Associated Press disclose the fact that David Finn, Fort Worth Texas criminal defense lawyer, who they name in this article as the "expert" is married to Melissa, editor at The Associated Press in Dallas?!
The vodka market will be just fine, but Scotch sales will plummet.
I do not agree that he could face negligent homicide charges.
One first has to demonstrate negligence. If the other hunter was the one who got out of line, then he was the negligent one and not Cheney.
Every friendly fire incident has someone who has turned up where they ought not be. The question is "who?"
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.