Neo Art wrote:Um, hrm, no, not exactly. Murder doesn't REQUIRE intent, which is why Wiztopia is making a fairly decent argument despite him own ignorance.
Murder requires "malice aforethought". A death that is caused as a result of acts which qualify as a showing a"reckless disregard" and "depraved indifference" to human life is also murder. So we don't need to go to intent. We merely must ask, does the officer's conduct constitute "negligence" or "depraved indifference?"
I have no doubt he thought he was reaching for a taser. He was absolutely not justified in using a taser. But there very fact that he thought he DIDN'T have a gun militates against a finding of a depraved indifference towards life. Or, simply, you can't callously disregard the inherent risk to life of your actions, if you're unaware that your actions carry an inherent risk to life.
What this man most certainly, in my mind, committed was battery which unintentionally resulted in death. That's definitionally manslaughter.
Ah, well, thanks for clearing that up.






