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Originally Posted by Kevy Baby
Death toll is up to 11
Murder may not be the charge because INTENT to cause harm to OTHERS might be difficult to prove in this case.
And FWIW, according to eyewitness stories coming out, he did try to get the Jeep back off the tracks.
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http://www.msnbc.msn.com/id/6870372/
He's already been charged with 10 counts, it will be amended to 11.
I would liken it to walking into a crowded room and firing randomly. You may not have intended to kill anyone, but it's still an act that has little chance of NOT killing someone. This isn't like killing someone while DUI. That's manslaughter because, while the odds are worse, the fact is that most of the time people who are DUI DON'T kill someone. It's not a very direct cause and effect. Parking a large vehicle on a train track, however, has a high, almost unavoidable, probability of death as an outcome.
Yes, he tried to get the car off, but it was stuck. But his original intent was to leave it there. Just because he failed to undo what he was trying to do to begin with doesn't relieve him of his culpability. "Yes, I set a trap for him that killed him. But I was on my way back to disarm it, he just go there first," isn't much of a defense.