NOW I see why they went for “terrorism”.

A charge of murder in the first degree is rare in New York because it requires special elements related to the crime to be charged.

Under state law, murder in the first degree only applies to a narrow list of aggravating circumstances, including when the victim is a judge, a police officer or a first responder, or when the killing involves a murder-for-hire or an intent to commit terrorism.

BUT…

“This victim was shot in the back of the head, not the front of the head, on a quiet sidewalk, early in the morning, in the dark. It doesn’t appear from a defense attorney’s perspective that this was intended to be a terroristic type of murder,” Schneider said.

“The murder happened first, the outcry was second and totally unpredictable,” Schneider said. “So, I think this might be a case of overreaching on murder one.”

What are they going to try and prove? That the social media outcome was what he wanted and predicted? Horse. Puckey. We know they’ll try to use his manifesto though.

  • minnow@lemmy.world
    5·
    3 days ago

    It’s almost like the phrase “murder in the first degree” has a different meaning in New York State law than common parlance.

    You know, the whole things that the article was about.

    • PhilipTheBucketA
      4·
      3 days ago

      Oh, whoa, you’re right.

      I did read what CNN said, but honestly, I was half assuming they were talking out of their ass and sweeping a more normal definition of murder one under that little “including when”. But yes.

      https://codes.findlaw.com/ny/penal-law/pen-sect-125-27.html

      There are thirteen different subsections that can be murder one, not just the three they listed out, but they’re all very specific circumstances similar to those, that don’t seem like they can apply to Luigi unless they can make the terrorism one stick.