[CoLawman]

The DA is quoted as saying that the assault resulted in the victim's death. As I read the facts the victim was standing in the street with his hands down at his sides. The suspect walks up and punches him. That punch establishes the "assault". The victim's head strikes the pavement which caused his death. The DA is charging Second Degree Assault due to the assault causing serious bodily injury (in this case death).

Two different "mens rea" required to satisfy the elements needed for prosecution under the two statutes.

In assault you need "with intent."

In Manslaughter you need "reckless."

The DA is certainly justified in the Second Degree Assault charge and seems to have a good case. Not much wiggle room for a defense on this, other than self defense, which has already been floated by the defense attorney.

If she were to file the Manslaughter the defense is in a much better position to formulate defenses. Cause of death being the biggy.

I would side with the DA on this one. I think you stand a better chance of a conviction on the assault. Both offenses are class 4 Felonies. I think it was a reasoned decision and would prefer a conviction as opposed to an acquittal.

The Judge, upon conviction, will understand that a life was taken and a sentence consistent with the end results of this dirt bags actions will reflect that loss.



18-3-203. Assault in the second degree.

(1) A person commits the crime of assault in the second degree if:.....

(g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.



18-3-104. Manslaughter.

(1) A person commits the crime of manslaughter if:

(a) Such person recklessly causes the death of another person; or

(b) Such person intentionally causes or aids another person to commit suicide.

(c) (Deleted by amendment, L. 96, p. 1844, § 13, effective July 1, 1996.)

(2) Manslaughter is a class 4 felony.