murderer and weapon found!

**jmb** · 09-04-2009, 11:18 AM

Authorities Confirm Truck In Fatal Bike Crash Is Found - Des Moines News Story - KCCI Des Moines

**richey24** · 09-04-2009, 11:26 AM

Good news!

**chadm** · 09-04-2009, 11:27 AM

Isn't this a case of manslaughter and not murder?

**Colorado** · 09-04-2009, 11:27 AM

Sweet, sweet justice.

**jmb** · 09-05-2009, 07:53 AM

Originally Posted by chadm

Isn't this a case of manslaughter and not murder?

nope

**06_CY** · 09-05-2009, 08:18 AM

I haven't seen where they have called it manslaughter or murder; that would be up to the DA when they arrest the person responsible.

**jumbopackage** · 09-05-2009, 08:21 AM

Murder implies there was intent to kill.

There is no way they charge him with murder.

Even manslaughter will probably be tough.

**jmb** · 09-05-2009, 08:26 AM

Originally Posted by jumbopackage

Murder implies there was intent to kill.

There is no way they charge him with murder.

Even manslaughter will probably be tough.

high rate of speed+leaving scene=murder(in my book).

this dudes intent is found in his departure from the scene. it is a very easy case.

**BryceC** · 09-05-2009, 08:27 AM

I highly doubt this will be a murder trial. Glad they have the evidence they need though. A hit and run isn't a murder.

**RCyclone** · 09-05-2009, 08:30 AM

Originally Posted by jmb

high rate of speed+leaving scene=murder(in my book).

this dudes intent is found in his departure from the scene. it is a very easy case.

Sorry, but your book does not count. We go by the book of law.

**Cyclonepride** · 09-05-2009, 08:35 AM

I highly doubt the charges would be murder. Manslaughter seems most likely. I wasn't there, so I really don't know, but my guess is that it was an accident followed by a really poor decision to flee the scene.

**jmb** · 09-05-2009, 08:35 AM

Originally Posted by BryceC

I highly doubt this will be a murder trial. Glad they have the evidence they need though. A hit and run isn't a murder.

tell that to the family. pretty sure he is not coming home.

if, as police reports indicate, he murdered Mark by his excessive speed, reckless 'accident', then attempted to cover his crime up by leaving. that speaks to murder, not manslaugher. the really nice thing for the muderer is, he has had more than several days to come up with a story, cover up evidence, and enjoy life. Kinda different than what the victim and his family have been doing since last week.

**CyTom** · 09-05-2009, 08:40 AM

Voluntary manslaughter at the very least. It's not like he stopped to see if the guy was ok...or stopped at all to get involuntary manslaughter. Who knows, unless the cyclist died immediately, stopping and calling an ambulance may have saved the cyclist's life thus the difference between an accident (involuntary) and voluntary.

**cycloner29** · 09-05-2009, 08:43 AM

A lot of things to deal with here: The guy is 75 years old, some sort of medical condition maybe. Poor eyesight and didn't see the biker, Sun in his eyes. I'm not siding with the old guy, but until we hear how it actually happened, it's difficult to pass judgment.Look at the guy on I-80 a few weeks ago that was going the north in the south bound lanes. The guy had a diabetic condition. I will say if the guy is found guilty it probably should be manslaughter charges as leaving the scene of an accident, failure to render aid to the injured, speeding or wreckless driving charges. Tough situation to be in right now. Makes you wonder what the old guy was thinking all the time that this was being run in the news.

**BryceC** · 09-05-2009, 08:44 AM

Just because he's not coming home doesn't mean it was a murder. Honestly the guy is 75 years old anyway, it doesn't have to be a murder conviction for him to effectively have a life sentence.

As pride said, it was likely an accident followed by a terrible decision to flee the scene. God knows I've been sleepy and sped on back roads. Not saying what happened is alright or justifying it, I'm just saying it's not murder. Plus, unless the guy is a sociopath who sped up and swerved to kill the guy I highly doubt he's been enjoying life over the last week.

The Uniform Crime Reporting (UCR) Program defines murder and nonnegligent manslaughter as the willful (nonnegligent) killing of one human being by another.

The classification of this offense is based solely on police investigation as opposed to the determination of a court, medical examiner, coroner, jury, or other judicial body. The UCR Program does not include the following situations in this offense classification: deaths caused by negligence, suicide, or accident; justifiable homicides; and attempts to murder or assaults to murder, which are scored as aggravated assaults.