1st degree? You mean it was planned?
1st degree manslaughter, not 1st degree murder. Think of killing somebody while driving through a red light.
No. that's not what first degree means in Oklahoma.
Murder requires malice or special circumstances, like someone getting killed in the commission of a felony. Failing that you have something less.
I would say that it was "unnecessary". As in: "A homicide committed unnecessarily either while resisting an attempt by the deceased to commit a crime, or after such an attempt failed"Manslaughter in the First
Liability of Physicians
- A homicide committed without a design to cause death while engaging in the commission of a misdemeanor
- A homicide committed without a design to effect death and in the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon, or
- A homicide committed unnecessarily either while resisting an attempt by the deceased to commit a crime, or after such an attempt failed
A physician can commit first-degree manslaughter by, while being intoxicated and without a plan to kill his patient, administering any poison, drug, or medicine, or doing any other act in his capacity as a physician that causes his patient to die.
Killing an Unborn Child
It is first-degree manslaughter to administer, prescribe, or advise a pregnant woman to take any medicine, drug, or substance, or uses or employ an instrument with the intent to destroy the child, unless the same action was necessary to preserve the life of the mother.
Penalties
Felony. Punishable by imprisonment for at least four years.
I would say she was "resisting" an attempt of the deceased to commit a crime, possibly evading arrest, or failing to follow the instructions of a police officer.
Too much force was used given the level of threat, which predictably resulted in homicide.
Could have been Second Degree:
Code Section Oklahoma Code section 21-716: Manslaughter in the Second Degree What's Prohibited? Second-degree manslaughter occurs when a human is killed by an offender's act, procurement, or culpable negligence if the killing doesn't qualify as murder, first-degree manslaughter, or justifiable homicide.Between those two the First does seem to fit better.Owner of Animal that Kills a Person
If a person knows that his animal has a propensity for violence and willfully allows the animal to go at large, or keeps it without ordinary care, then when the animal kills a victim (who took all of the precautions which the circumstances permitted in order to avoid the animal), the animal's owner is guilty of second-degree manslaughter.
Google manslaughter
First-degree manslaughter can occur in any of the following ways:
A homicide committed without a design to cause death while engaging in the commission of a misdemeanor
A homicide committed without a design to effect death and in the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon, or
A homicide committed unnecessarily either while resisting an attempt by the deceased to commit a crime, or after such an attempt failed
http://statelaws.findlaw.com/oklahoma-law/oklahoma-voluntary-manslaughter-law.html