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Fri 14 Jan, 2005 10:43 am
My mother died on Christmas Eve at about 8:15 pm. Her body was not recovered until Christmas Day at about 9:00 pm. She was involved in a very abusive relationship that may or may not have resulted in her death. Her husband was not the person who called the police and was in the house for at least 10 hours after her death. His father told police that he heard my mother snoring at about 3pm on Christmas Day. We now know that this isn't possible. She was found in her bed and looked to be asleep. Her husband said that she fell down the stairs on Christmas Eve at about 6 pm but the coroner's report states that this could not have been the cause of the subdural hematoma that ultimately killed her. He says that the fluid was flowing far to slow to have that much collect in a 2 hour time span. Which implies that the head injury that caused the hematoma occurred much earlier in the day or even earlier that week. Her husband was arrested yesterday on a charge of 2nd degree murder. There has been mention of negligent homocide, but that 2nd degree was the State Prosecutor's decision. What I need to know is whether this seems like a legit charge? I am having a hard time dealing with all of this and want to be as informed about what could happen as possible. I am not asking advice, just some input and opinions on the situation. Is it likely that there will be a trial? I'm not sure how much evidence they have on him, except his statement, which will coincide with a charge of negligent homicide. He said at one point that on Christmas Eve when she went to bed her heart rate was low, and he did not seek medical attention. 2nd Degree murder seems like a stretch. I read in one of the other posts that the act of beating someone could be 2nd degree murder because the person knows that they are capable of causing death through this action (the Truck driver DVD post). But if they can't prove that his abuse was the direct cause of the subdural hematoma does this really stand? The police do have evidence of the abuse in the relationship. They were called out there many times on domestic violence. But my mother was as much the abuser as the abusee. She stabbed her husband with a knife a little over a year ago. I just need a little input on this situation. Thank you in advance for your comments/opinions.
-Laraleigh
Lara:
I am sorry for your loss in such horrid circumstances. In some respects the suffering for all those involved --your mother, you, perhaps even her husband -- has come to an end. Take some small solace in that.
Your questions are specific to the results of the ongoing police investigation into your mother's passing, as well as criminal law and its prosecution in the state of Arkansas. Perhaps some legal eagle on the forum (perhaps even one licensed to practice in AR) will weigh in, but that is a tenuous proposition even for someone like that in an online forum. My only suggestion is to seek the advice of counsel in your town there, from a law center if you can't afford an attorney.
Our thoughts as you complete this difficult period are with you.
Arkansas
Arkansas Homicide Statutes
5-10-103. Murder in the second degree.
(a) A person commits murder in the second degree if:
(1) He knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person, he causes the death of any person.
(b) Murder in the second degree is a Class B felony.
I am very sorry for your loss. I may sound very cold, but we all have choices. I have an abusive husband. When he went beyond bullying me, he went out the door, in handcuffs. I couldn't care less, if I had to starve to death. You can't live with dangerous animals that belong in cages. My husband went to a cage, called jail.
Every woman doesn't see it, as I do. I can take ony so much, but know when the soap opera, exciting relationship, is done. I'm done. I am hurting. I am paying up, for his violent behavior. That's just the way it is. There were options, before death. You make an active choice, stay or go.
I have been there. It never starts out with absolute voilent behavior. It leads to that, over time. There always is the element of choice, what you are or are not willing to live with. I would end up dead, at some point. I don't play the soap opera dramatics.
Your mother was not suddenly muurdered. This came about, in time, a very long time. She made her choice. I am very sorry about the fact that her poor choice has drastically hurt you and your family. It isn't right or fair, but she knew the game. She made a choice. It never had to go to the point of death, if she would have walked away and stood up for herself, but she didn't. That is harsh, but the way it really is and it sucks.
Laraleigh- Welcome to A2K. I too am sorry for your loss. I'm no attorney... but agree you should talk to one. If you think the arrested person would answer questions without one, odds are pretty good the State can make whatever charge they want stick. I read somewhere that 90% of all people in jail were convicted based on their own testimony. You mentioned two obvious lies... and odds are the cops or the State's attorney asked enough questions to prove them intentional or at least convince the accused they could. Sorry again that you had to get such crappy news.
((( Wildflower ))) I'm glad to hear you're still safely separated from your monster.
Let's look at some more Arkansas statutes:
Quote: 5-10-103. Murder in the second degree.
(a) A person commits murder in the second degree if:
(1) He knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person, he causes the death of any person.
(b) Murder in the second degree is a Class B felony.
Quote:5-10-104. Manslaughter.
(a) A person commits manslaughter if:
(1) He causes the death of another person under circumstances that would be murder, except that he causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse shall be determined from the viewpoint of a person in the defendant's situation under the circumstances as he believes them to be;
(2) He purposely causes or aids another person to commit suicide;
(3) He recklessly causes the death of another person;
(4) Acting alone or with one (1) or more persons, he commits or attempts to commit a felony, and in the course of and in furtherance of the felony or in immediate flight therefrom:
(A) He or an accomplice negligently causes the death of any person; or
(B) Another person who is resisting such offense or flight causes the death of any person.
(b) It is an affirmative defense to any prosecution under subsection (a)(4) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid its commission; and
(2) Was not armed with a deadly weapon; and
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.
(c) Manslaughter is a Class C felony.
Quote: 5-10-105. Negligent homicide.
(a)(1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:
(A) While intoxicated; or
(B) If at that time there is an alcohol concentration of eight-hundredths (0.08) or more in the person's breath or blood based upon the definition of breath, blood, and urine concentration in ยง 5-65-204, as determined by a chemical test of the person's blood, urine, breath, or other bodily substance.
(2) A person who violates subdivision (a)(1) of this section is guilty of a Class C felony.
(b)(1) A person commits negligent homicide if he or she negligently causes the death of another person.
(2) A person who violates subdivision (b)(1) of this section is guilty of a Class A misdemeanor.
(c) For the purpose of this section, "intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself or herself and other motorists or pedestrians.
As you can see, the mental state of the defendant is important in deciding his culpability. Here are relevant definitions from the AK statutes:
Quote: 5-2-202. Culpable mental states - Definitions.
As used in this code, unless the context otherwise requires, there are four (4) kinds of culpable mental states, which are defined as follows:
(1) "Purposely." A person acts purposely with respect to his conduct or a result thereof when it is his conscious object to engage in conduct of that nature or to cause such a result;
(2) "Knowingly." A person acts knowingly with respect to his conduct or the attendant circumstances when he is aware that his conduct is of that nature or that such circumstances exist. A person acts knowingly with respect to a result of his conduct when he is aware that it is practically certain that his conduct will cause such a result;
(3) "Recklessly." A person acts recklessly with respect to attendant circumstances or a result of his conduct when he consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation;
(4) "Negligently." A person acts negligently with respect to attendant circumstances or a result of his conduct when he should be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
As you said, you don't know how much evidence they have on him in addition to his statement - but they do have evidence of the prior abuse. It is probable that the D.A. believes the evidence of the prior abuse, coupled with her husband's statement, is sufficient to support a jury finding him guilty of 2nd Degree Murder.
It seems likely that there will be a trial if the prosecution is insistent on sticking with the 2nd Degree Murder charge (5-20 years prison) - but again this is largely dependent on the quality and quantity of the evidence, which you admit you don't know. If they offer Manslaughter to him, her husband might take the deal (3-10 years prison). Although he may believe the State can only prove Negligent Homicide, which as a Class A Misdemeanor is a maximum of 1 year in the county jail.
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