Involuntary ManslaughterThere are two statutes dealing with involuntary manslaughter. The first defines involuntary manslaughter as the unintentional killing of a human being, committed recklessly or in the commission of a felony other than an inherently dangerous felony, or during the commission of a misdemeanor enacted for the protection of human life. Involuntary manslaughter charges can also be brought in circumstances where a death occurs during the commission of a lawful act in an unlawful manner.
The sentencing guidelines provide for a range of sentence from 31 months to a maximum prison term of 136 months.
The second statute defines involuntary manslaughter as the unintentional killing of a human being committed while a person was operating a vehicle under the influence of alcohol, drugs or both.
The sentencing guidelines provide for a range of sentence from 38 months to a maximum prison term of 172 months.
This looks to be a death penalty case.
Looks to me like voluntary manslaughter is the appropriate charge. If the prosecutor doesn’t include voluntary manslaughter as a lesser alternative, s/he is likely to not get a conviction on a second degree murder and then the guy could walk, which I don’t think would be such a bad result.
Prosecutor will have to be very careful on this one since the pro-aborts will want second degree murder to be the charge without the alternative of voluntary manslaughter. Over reaching could benefit the defendant.