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Saturday, September 29, 2007

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Wasn't this posted a couple of months ago?

UA -- The involuntary manslaughter charges are new.

Wondering why the dude did not get a wreckless homicide charge?

There is no such thing as wreckless homicide in Missouri.

What the heck is wreckless homicide? A clumsy murder?

Hmm. I'm wondering if I've been had by a pun. Many states consider a person guilty of reckless homicide when, with recklessness one causes the death of another person. Again MO doesn't have a statute defining reckless homicide, with or without a W.

section 565.024 of the Missouri statutes defines "reckless" homicide as a class C felony. under 526.016, "recklessness" is defined as "consciously disregard[ing] a substantial and unjustifiable risk that circumstances exist or that a result will follow, [when] such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation." in other words, driving a pickup truck ten miles over the limit, drifting onto the shoulder because you are not paying attention, and then suddenly seeing bicyclist who were visible half a mile away.

For the record, MRS 565.024 defines involutary manslaughter as when one "Recklessly causes the death of another person; . . ." Note that I was answering jdcc's question as to "why the dude did not get a wreckless homicide charge?"
http://www.moga.mo.gov/statutes/c500-599/5650000024.htm

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