[deleted] OP t1_jdyii6d wrote on March 28, 2023 at 2:52 AM

Reply to comment by Salami2000 in Felon who killed DC cyclist attempts to vacate plea deal. by [deleted]

You clearly do not understand the operative effect of “COMMA OR” in that statute.

The first clause, “Perpetrating or attempting to perpetrate an offense punishable by imprisonment in the penitentiary” is met by all three felonious acts.

The second clause, which comes after an “or” and so is an alternative clause not a requirement of the first clause, says “in perpetrating or attempting to perpetrate a felony involving a controlled substance” is definitely met by the reckless driving high and killing someone felony and arguably by the other two felonies as well.

I would avoid the LSAT and law school if I were you.

Salami2000 t1_jdyj71g wrote on March 28, 2023 at 2:58 AM

You're quoting from the section on first degree murder, not felony murder.

[deleted] OP t1_jdyjxjn wrote on March 28, 2023 at 3:04 AM

What are you talking about? That is the section for both first degree murder and felony murder. Felony murder is a subset of first degree murder in DC and so it is defined in the same statute—the one I quoted—alongside the other forms of first degree murder.

Salami2000 t1_jdyl5qt wrote on March 28, 2023 at 3:14 AM

or without purpose to do so kills another in perpetrating or in attempting to perpetrate any arson, as defined in § 22-301 or § 22-302, first degree sexual abuse, first degree child sexual abuse, first degree cruelty to children, mayhem, robbery, or kidnaping, or in perpetrating or attempting to perpetrate any housebreaking while armed with or using a dangerous weapon, or in perpetrating or attempting to perpetrate a felony involving a controlled substance, is guilty of murder in the first degree.

Is the only relevant part.

[deleted] OP t1_jdylvdr wrote on March 28, 2023 at 3:20 AM

You seem to genuinely lack the processing power to correctly parse that statute. Good luck in life, friend, and play to your strengths, whatever they may be.

Salami2000 t1_je0jwu6 wrote on March 28, 2023 at 3:25 PM

Because I'm a glutton for punishment, and because you seem to have convinced 3 other illiterates that what you are saying makes sense, I'll try one more time.

The first part of that statute discusses traditional first degree murder. Only the part I quoted above is about felony murder. The big thing that should clue you in, is that second part starts with "or without any purpose to do so." Anything before that requires intent to kill. Felony murder is specifically about situations where someone did not intend to kill, so the part about intending to kill would not apply.

Only the specific named felonies in the second part can get you to felony murder. The other clue here, is that it would not make sense to say any felony applies, and then name specific felonies. Obviously these must be for separate things. Why do you think they're naming specific felonies?

I am using very small words, this should be easy.

MyGovThrowaway t1_je0m8xp wrote on March 28, 2023 at 3:40 PM

The first clause you quote is dependent on the killing being purposeful. Intentionally killing someone during the commission of another felony elevates the charge to murder one. The second half deals with the conditions under which unintentional homicide can be elevated to murder one. FWIW, were it a crim law exam, I think you could score points by calling it a purposeful murder via depraved heart, but that’s at common law, and I don’t believe DC has the equivalent.

That said, given the history of violent crimes, the concurrent felonies, etc, and that he dragged the victim before pinning him against the tree, I’m disappointed, but not surprised, that the AUSA didn’t either go for a longer sentence on the manslaughter charge or even try for murder two.