...another reason to be glad you don't live in NY

[knljr]

what a mess...

http://www.cnn.com/2012/01/19/justice/d ... ?hpt=hp_c2" onclick="window.open(this.href);return false;

[kjolly]

This is cruel to revoke the man's freedom after releasing him and what is "Depraved intent"? Is it defined in law books.
four seconds is not a lot of time to debate appropiate reactions.

[Heartland Patriot]

I've made similar statements before, but I'll say it again: I've lost NOTHING in New York that I need to go there to find. I can spend the rest of my life without going there and not feel any regrets about it. Texas may have its own share of problems, but that kind of stuff in the story seems to be endemic to New York, among a few other places.

[Heartland Patriot]

*EDITED TO PROVIDE LINK DEFINING DEPRAVED INDIFFERENCE MURDER IN NEW YORK*

This is cruel to revoke the man's freedom after releasing him and what is "Depraved intent"? Is it defined in law books.
four seconds is not a lot of time to debate appropiate reactions.

The phrase is actually "depraved indifference". I say this not to be a know-it-all but because its something that I found (by doing an online search) to be a noted problem in New York (and "The City"). One of the articles said that it was originally intended for unintentional but horrific killings to be applied under narrow circumstances, but now they just use it to charge people they couldn't get a real murder conviction on...sort of like some states do using manslaughter stemming from negligence (After all, who's perfect? They can always find SOME mistake you made). Sounds like more of the same dirty pool that allows unscrupulous DAs to get "notches" on their belts. Instead of going after ACTUAL murderers, rapists and other violent offenders, they grab whatever they can to make a name for themselves and move up the "ladder". All about stats to put on a resume, and almost nothing to do with fighting or deterring crime and ensuring justice. Sickening. No surprise that its worse in a very elitist liberal state and city.

http://www.nycourts.gov/cji/2-PenalLaw/ ... 282%29.pdf

[RoyGBiv]

The dead hot-head was a sanitation worker. In NYC that generally means either mob-connected, or more heavily "unioned-up" than the police union (at least that was my understanding from back in the old days). Witnesses reversing testimony 180'? Somebody "talked" to them.

This was a political conviction, with possible mob/union influence, not a legal one.
Just my guess from what I read. I have no personal knowledge of these events.

If I'm on the jury....
1. There was a fight.
2. The fight ended, the involved parties went to their respective corners.
3. One party decides the fight is not over. He gets a baseball bat.
4. Party with bat is now the instigator, aggravated assault at minimum.
5. Party with the bat enters a business with the intent to do grave bodily harm, and does so.
6. Shooting was self defense.... clearly. The dead guy could have left the scene after the fight (which he instigated).

IMO, YMMV, IANAL.

[cubbyjg]

The dead hot-head was a sanitation worker. In NYC that generally means either mob-connected, or more heavily "unioned-up" than the police union (at least that was my understanding from back in the old days). Witnesses reversing testimony 180'? Somebody "talked" to them.

This was a political conviction, with possible mob/union influence, not a legal one.
Just my guess from what I read. I have no personal knowledge of these events.

If I'm on the jury....
1. There was a fight.
2. The fight ended, the involved parties went to their respective corners.
3. One party decides the fight is not over. He gets a baseball bat.
4. Party with bat is now the instigator, aggravated assault at minimum.
5. Party with the bat enters a business with the intent to do grave bodily harm, and does so.
6. Shooting was self defense.... clearly. The dead guy could have left the scene after the fight (which he instigated).

IMO, YMMV, IANAL.

[SRH78]

what a mess...

Yep

[RockingRook]

That story does not surprise me.

I was born and raised in NYC until I left at age 22. I am 69+ now and could care
less about ever going to NYC again. The place just plain sucks!! It sucks so hard
that 100 years ago New Jersey was on the other side of Pennsylvania.

The only thing I miss about NYC is the push cart hot dogs.

Chuck

[knljr]

The dead hot-head was a sanitation worker. In NYC that generally means either mob-connected, or more heavily "unioned-up" than the police union

I hate to be steretypical here but how many trash guys drive corvette's? what the heck?

[Texas10X]

The place just plain sucks!! It sucks so hard
that 100 years ago New Jersey was on the other side of Pennsylvania.

[Keith B]

The dead hot-head was a sanitation worker. In NYC that generally means either mob-connected, or more heavily "unioned-up" than the police union

I hate to be steretypical here but how many trash guys drive corvette's? what the heck?

Maybe someone was mad that GM took the government bailout and had thrown their Corvette to the curb to be disposed of; all he did was pick it up. Could have happened, right?

[RoyGBiv]

The dead hot-head was a sanitation worker. In NYC that generally means either mob-connected, or more heavily "unioned-up" than the police union

I hate to be stereotypical here but how many trash guys drive corvette's? what the heck?

Lots of guys in my old neighborhood had nice cars. Some of them were new, many of them were restored/rebuilt by hand, on jack stands, using elbow grease and a few bucks a week. I didn't take the Corvette as an indication of anything.

Sanitation workers get paid reasonably well in NYC. http://www.nyc.gov/html/dsny/html/jobs/ ... x22TPljG9E" onclick="window.open(this.href);return false;

The current starting salary of a Sanitation Worker is $31,200 per year. The current labor agreement provides for periodic increases to a maximum of $67,141 after 5 1/2 years.

Must be a steep learning curve.

[knljr]

heh $67k, which is their top end is poverty line for anywhere within 30 miles of NYC.

[kjolly]

If you see someone attacking your father with a baseball bat, what are you going to do?
Shoot and be gratefull that you saved your father! sometimes you do what you have to do and pay the consquences.
20 years in prision for saving father's life. Priceless.

I'm still not sure what depraved has to do with it.

[VMI77]

The dead hot-head was a sanitation worker. In NYC that generally means either mob-connected, or more heavily "unioned-up" than the police union (at least that was my understanding from back in the old days). Witnesses reversing testimony 180'? Somebody "talked" to them.

This was a political conviction, with possible mob/union influence, not a legal one.
Just my guess from what I read. I have no personal knowledge of these events.

If I'm on the jury....
1. There was a fight.
2. The fight ended, the involved parties went to their respective corners.
3. One party decides the fight is not over. He gets a baseball bat.
4. Party with bat is now the instigator, aggravated assault at minimum.
5. Party with the bat enters a business with the intent to do grave bodily harm, and does so.
6. Shooting was self defense.... clearly. The dead guy could have left the scene after the fight (which he instigated).

IMO, YMMV, IANAL.

I had a mixed reaction until I got to the end of the article where the trial results demonstrate an absurd contraction and the prosecutor blatantly lies. The prosecution's case was based on the notion that the hothead was defending himself against the owner's family, yet none of the family members were convicted of assault. Then the former prosecutor makes a statement that a guy with a baseball bat who has already shattered a man's kneecap and cracked his wrist was "unarmed."

Yep, a corrupt and/or politically motivated prosecutor....but the reality is that they're all over the country, not limited to New York, and you could have the misfortune of encountering one anywhere (though the odds are probably higher in any of the People's Republics where officials are comfortable stating for the record that thugs with baseball bats are "unarmed.").