Triple murder suspect also charged in death of unborn baby -'Willful Killing Of Unborn' Charge

[The Straight Story]

'Willful Killing Of Unborn' Charge Added
Columbia County Sheriff Says 1 Of Slain Women Was Pregnant


LAKE CITY, Fla. -- A 25-year-old Columbia County man already charged with three counts of first-degree murder faces a new charge because one of the victims was several months pregnant.

Alan Lucas Strattan went to the Lake City Police Department about midnight Wednesday night and said he had killed his girlfriend, another woman and a man. Columbia County deputies went to Strattan's parents home on Southeast Baya Drive and found the bodies of Monica Hudson, 27, Michael Tucker, 32, and Nichole Cervantez, 25.

After the medical examiner determined that Cervantez was pregnant, a charge of willful killing of an unborn child was added. Her autopsy also showed the cause of death was from multiple gunshots.

Authorities said all three victims were shot several times. A .40-caliber handgun was recovered from near the crime scene.

http://www.news4jax.com/news/26749241/detail.html

Now I am wondering - if he did not know she was pregnant how could it be 'willful'?

[NotThisTime]

1. Where does it say he didn't know? They were friends and she was "several months along", I'd think he

would know....

[The Straight Story]

3. I am not sure either - I meant the question in a more general sense of the law

Regardless of the players in this particular case (ie, how is this law triggered and applied?)

[slackmaster]

2. The action that resulted in the death of the fetus was a willful act, same as if he'd killed...

...any other bystander. If you fire a gun, you are accountable for anything that happens as a result.

[Zax2me]

4. Does it matter?

I don't care if she was two days pregnant.
You make a decision to murder, shooting an innocent woman multiple times, you also assume the responsibility that she may willingly be carrying a child.
The alternative being he still believes in the stork theory.

His fuck up wasn't not knowing for certain if she was pregnant or not. Facts are he may not have known but he also didn't know for certain she wasn't.
He didn't care, blew her away anyway, hence, willingly aborted the child along with two other people.

When you murder people you assume all kinds of uncertainties - like this woman being pregnant.

[demigoddess]

5. fine by me. If the mother wanted the baby and was going to

carry it full term as a choice, it should be murder. Inflicting gun shot wounds onto another person, born or unborn should be murder. But abortion should not be equated with gunshot wounds, strangulation etc.

[Statistical]

6. "willful" doesn't occur in the statute so likely bad reporting.

The exact text of the statute.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.09.html

----------------------------------------

782.09Killing of unborn quick child by injury to mother.—
(1)The unlawful killing of an unborn quick child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother. Any person, other than the mother, who unlawfully kills an unborn quick child by any injury to the mother:
(a)Which would be murder in the first degree constituting a capital felony if it resulted in the mother’s death commits murder in the first degree constituting a capital felony, punishable as provided in s. 775.082.
(b)Which would be murder in the second degree if it resulted in the mother’s death commits murder in the second degree, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c)Which would be murder in the third degree if it resulted in the mother’s death commits murder in the third degree, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2)The unlawful killing of an unborn quick child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn quick child by any injury to the mother which would be manslaughter if it resulted in the mother’s death commits manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)The death of the mother resulting from the same act or criminal episode that caused the death of the unborn quick child does not bar prosecution under this section.
(4)This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390.
(5)For purposes of this section, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071.
History.—s. 10, ch. 1637, 1868; RS 2386; GS 3211; RGS 5041; CGL 7143; s. 717, ch. 71-136; s. 2, ch. 2005-119.

[seabeyond]

7. i don't agree with it. too much like have cake and eat it too. or whatever. i think sets up

for anti abortion to say murder... see, this man was charged with murder.

one way or another.

[ohheckyeah]

8. There you go.

That's exactly the point of charges like these.

[seabeyond]

9. that is what i think, too. nt