That is a completely different situation. He ASKED her and actually talked her into doing this stunt. I don't really see how you can even compare these two situations seriously.
This is for fun for me, however I see it as a tragic accident. Her jury can contain those with your view yet have some with my view. A Jury may free her. What was his state of mind as he encouraged her to shoot at the book? That he was as safe as armor could make him safe. He is whom really messed up. It cost him his life. The more whom know books don't stop bullets always, may have learned a lesson. I do see your point but for this, I just defend the girl whom did not intend to kill her boyfriend. If prosecution learns she had intent, go for murder one.
I am with you and Chris on this. If more like us are on that jury, she is suffering a bad dream. Had she talked him into it, used her gun, she would go to trial for murder 1.
Update: Mona Lisa Perez is free on bond and wears a GPS monitor. http://people.com/crime/pregnant-woman-called-911-youtube-stunt-kills-boyfriend/
This might show why he told her that he would be safe. And this sort of thing will be shown to a jury. The charge has been reduced to reckless firing of a weapon.
It is obvious that a jury could go either way, but in the end, this is more likely a plea bargain case.
Could be. She no doubt does not have the services of a best attorney. Too often, the attorneys used are not top ranked. I feel she needs to take it to trial. She has a good chance it will blow over. Did you watch the video of what stops the .50 cal Golden Eagle dead in it's tracks?
If I participate in a bank robbery, and was persuaded to do so by my friend, and that friend gets shot and dies, I will be charged with murder. It's a crime to shoot another person, even if they ask to get shot.
I do not believe in the application of the felony murder doctrine to that sort of situation. While it is true many robbers have been charged for the deaths of their partners in crime when something went wrong, I believe the key is personal consent. Someone who chooses to take part in a robbery has given their consent to taking on the risk of something going wrong. Thus the other robber should not be held accountable for their death, unless he was the one who shot him. It would be no different if I was skydiving. I think all this is an attempt by society to punish the person who's still alive.
The one who's responsible for their death is dead, as a direct result of their own choices. You don't think that's punishment enough? You want to shift all that responsibility onto the one who's still living?
I feel that jail and punishment should be reserved for those who are a danger to society or for those who are like career criminals. I don't consider this woman to be dangerous. I don't think she did it with any malice, and I don't think she should do any jail time. What would be the point in that? I'm sure that losing her boyfriend/husband taught her a lesson (in regards to her stupid actions). Jail time in this situation serves no purpose other than wanting to blame someone for a tragedy.
She has children who just lost their father and she needs to be there for them too. They need their mom a lot right now, I'm sure. Putting her in prison hurts the kids more than anyone. Now they would be orphans.