If he dies can Cheney be tried for murder?

[smurfygirl]

What are the implications here?
I see a prosecutor jumping on him if it's found out he was drinking.
What do you all think?

[cynatnite]

1. Manslaughter, maybe

:shrug: I don't know.

[nadinbrzezinski]

2. According to one caller (Lawyer) to the Ed Shultz

show, you are looking at Manslaugher if he dies within the year of the incident

[Launch Pad]

3. Yes he can!

And it would not take alcohol being involved either. An accidental shooting that involves death is called involuntary manslaughter.

Not that I'm hoping for anyone's death, I will not stoop to that level, but if the guy dies, Cheney should be taken to the fullest extent of the law. After all, he is a public leader and he is setting an example. Nobody is above the law.

[dchill]

22. We're talking about Dick Cheney, right?

If I'm not mistaken, he's one of a growing "sleeper cell" in DC that are above the law. Evidently. Bush spies illegally, yet it's legal, Rove outs Plame (along with Dead-Eye) and he's walking around slandering liberals, and Cheney - well I'm not about to write a freaking book here.

The point is, I agree with you that nobody is above the law, but that's evidently just an opinion these days, a minority one.

[okasha]

4. Manslaughter.

I'm not a lawyer, and I didn't stay at a Holiday Inn Express last night--I spent three nights in one a year ago and emerged nearly crippled from the too-soft bed; never again!--but I am a Texan who knows/works with many lawyers. According to the statute, if Mr. Whittington dies of anything at all related/attributable to the shooting within the next year, Cheney can be charged with manslaughter. His family would have standing for a civil suit, too, of course.

[TomInTib]

5. Drinking- Criminally negligent homicide under Texas law..

Even if he was not found to be intoxicated (which will be the finding when and if) he ould still be tried and convicted on that charge.

I don't think they would bring manslaughter.

Keep in mind that the Armstrongs and Klebergs own the law (and DA) in Kenedy County.

[Lone_Star_Dem]

6. It's called criminally negligent homicide

That's what I was told the charge would be here in Texas if the man were to have been killed. This was by a local sheriff deputy.

[Dunvegan]

7. I hope Mr. Whittington gets better, sits up, and "whistelblows" Cheney!

Anyway, since Molly Ivins said that Cheney shot one of Texas' last liberal Republicans, can't we also hit Crashcart with a "hunting an endangered species" lawsuit?

[Sydnie]

8. Here's the law - Criminally Negligent Homicide

§ 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person
commits an offense if he causes the death of an individual by
criminal negligence.
(b) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 19.06 by Acts 1973, 63rd
Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 19.07 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

[karlrschneider]

14. The operative word being "criminal" which could never be proven.

And as much as I despise the bastard, I don't think there was any criminal intent. He might be a prick but he's not a complete idiot like Chimp.

[sandnsea]

15. The operative word being "negligent"

Which means there doesn't have to be intent, only behavior that any reasonable person would have known might cause harm. Like drinking and hunting from vehicles, for starters. Which is what makes it criminal.

[karlrschneider]

16. Well, I do not know Texas law about drinking/hunting but I do know

hunting from a vehicle isn't illegal on private property. I'm just saying a jury would be very unlikely to think the way we would like them to in this case. And without clear evidence of intent, regardless of the legal technicality, they would be loathe to convict.

[sandnsea]

17. It's the irresponsibility, the negligence

Here's how it would go down in court. Somebody is dead. DEAD. A jury is going to look at what a responsible person should have done in the same situation. Should he have been jumping in and out of vehicles with a loaded gun?? No. Should he have drank anything the day of the shooting? No. He lied about this that and the other, did he likely lie about how many beers he had too?? Probably. Does that all add up to negligence? I'd conclude yes. Alot of people are sitting in jails because they were negligent and killed somebody. Dick Cheney isn't any different.

[karlrschneider]

20. I agree with your sentiment, I'd like to see the bastard in jail but

I have to assess it realistically. And you are wrong...Cheney IS different. Not better of course but he's a very wealthy powerful figure and the chances of him ever being convicted are even less than my chance of winning the Powerball lottery. Please don't shoot the messenger. ;-)

[sandnsea]

21. Convict him in the press

That's why with something that isn't a matter of critical national policy, you do go with the politics of the situation. And sometimes, if people really get outraged, one's wealth can work against them. If this had happened anyplace except Texas, it would be much more likely that it would. Whatever I may know or believe about the likelihood of him being charged, you'll never hear me say anything to anybody except that the rat bastard should be. For chrissake, he SHOT someone in the FACE!!

[DelawareValleyDem]

9. This link might help

A guide to Texas law

http://www.weblocator.com/attorney/tx/law/c13.html

[johnnie]

10. Yes

I would rather the man doesn't die though as I'm sure that everyone here will agree.

[mzteris]

11. if they subpoena

the SS men, do they have to testify to the truth?

[NJCher]

12. God forbid this should happen

I feel so bad for this guy.

When he gets better, I wonder how he will feel about Cheney's despicable, disgraceful behavior throughout the entire incident.




Cher

[karlrschneider]

13. Nope. Could never prove premeditation. Negligent homicide is about the

most severe charge I see possible. If it exists in TX law, I don't know.
But anyone who thinks the D.A. down there would ever file is dreaming.

[ronnykmarshall]

18. Let's hope the poor man does not die.

[KBlagburn]

19. Cheney Could Face Charges in Shooting

http://news.yahoo.com/s/ap/20060215/ap_on_go_pr_wh/cheney_legal_4;_ylt=AsCC_D6W_8EkwRHyzxmLhPtqP0AC;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl


DALLAS - 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."