New Years Eve body count... unfortunately

[GCO]

Smarts runs in the family:

Brother of accused shooter: 'New Year's is a day to shoot guns'
http://www.9news.com/news/article.aspx?storyid=83787

"I know my brother's innocent. It's just a bad thing that happened on New Year's, you know?" said Leo Aragon, Cortez's brother. "Everyone has parties, you know? Everybody, New Year's is a day to shoot their guns. That's what happens."

Ya, shooting .44's (magnum?) at street lights in the city is okay...

 

[jrfoxx]

Quote:
and how is stupidity now pre-meditated murder?

Probably via the felony murder rule.

That, or they wanted to book and initially charge him with the worst thing possible in order to make the bail high enough he cant afford to get out, or get bail denied.At that point, I'm pretty sure they can alter the charge before trial (or at least before arraignment) to something they're more likely to get a conviction on.Also, a pre-meditated murder charge carries a VERY stiff possible sentence, might make the guy more inclined to just plea bargain to 2nd degree, or manslaughter or some-such, thus th DA gets a gaurenteed conviction regardless of evidence, rather than have to take a chance at trial.Just a guess though, as I'm not a lawyer.

Oh, and a HUGE +5000 to the guy being a moron and total scumbag (if he's the one who did it, in which case, life without parole at a MINIMUM doesnt seem at all too stiff for my liking)

 

[Spyvie]

Extreme Indifference First Degree Murder

From this story in today's Post...
http://www.denverpost.com/breakingnews/ci_7866891

Three former prosecutors — including former Adams County District Attorney Bob Grant — said they believe that Denver District Attorney Mitch Morrissey will aggressively pursue the case and may file charges of extreme-indifference first-degree murder, which carries an automatic life sentence upon conviction.

Under that Colorado statute, someone can be convicted of extreme-indifference first-degree murder if "he knowingly engages in conduct which creates a grave risk of death to a person or persons other than himself."

The person must exhibit "an attitude of universal malice manifesting extreme indifference to the value of human life generally."

"It is more than stupid," Grant said of people who engage in shooting weapons into the air to celebrate an occasion. "It is willfully taking someone's life into your hands. If someone is hurt, you are the responsible party."

Pozner believes that the extreme-indifference first-degree murder statute is reserved for cases in which a person fires directly into a crowd, car or home.
"I would say that the prosecution would start with manslaughter unless he was really aiming at the house," Pozner said.

But Silverman has no doubt that prosecutors will file the first-degree murder charge if they believe that the shooter was firing at a snowman on the front porch of the house. The bullet entered the house above and to the side of the snowman's black hat.

Silverman said what path the bullet took will be extremely important in determining what charges are filed and in the final verdict, if the case goes to a jury.

 

[sturmgewehr]

Here's where it happened (satellite view):

http://maps.google.com/maps?f=q&hl=...105.047622&spn=0.00896,0.015428&t=h&z=16&om=1

I don't get how they can charge him with 1st degree murder unless there is something the press isn't reporting. 2nd degree or manslaughter, yes... 1st? Seems odd.

 

[Spyvie]

They may not have the right man

http://www.denverpost.com/breakingnews/ci_7876300

Experts: Pistol doesn't fit crime

Firearms specialists doubt that a .44 Magnum bullet fired from 300 yards away could have killed two people on New Year's, raising some questions.
By Kirk Mitchell
The Denver Post
Article Last Updated: 01/04/2008 01:28:01 AM MST


Pedro Cortez, left, claims he fired a .44 Magnum pistol at a streetlight. But an expert says it would take a high-powered rifle bullet to go through a wall and kill Rebecca Yanez, 47, and Angelica Martinez, 11, from 300 yards away. (Post | Mark T. Osler)Gun experts say it's highly unlikely that the gun a murder suspect claims he fired early New Year's Day was powerful enough to send a bullet through a wall and kill an 11-year-old girl and a woman from up to 300 yards away.

"I haven't seen a bullet from .44 Magnum (handgun) travel that far and do that kind of damage," said Ronald R. Scott, a Phoenix ballistics expert who has testified in more than 250 state and federal trials, including several in Denver. "It just doesn't fit."

Scott said that it could mean murder suspect Pedro Cortez, 25, used a different gun, wasn't standing where he claims he was, or that someone else fired the shot.

Cortez told police he fired a .44 Magnum handgun at a streetlight early Tuesday, according

Becky Yanez, left, and daughter Jeanette. (HANDOUT | )to court records. But police have not identified this gun as the murder weapon.
"We're not saying what gun we believe was used," said Sonny Jackson, Denver police spokesman. "We're not releasing what we believe the gun was."

Denver Police Chief Gerry Whitman originally said Tuesday morning that police were searching for someone who fired a high-powered rifle — possibly to celebrate the new year — and accidentally struck the house.

On Thursday, the Denver district attorney's office requested a two-day extension to file formal charges against Cortez, said Lynn Kimbrough, office spokeswoman.