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SGT Unit Supply Specialist
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Cpl Vic Burk absolutely!
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SSG Dennis R.
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Lock him up from now on.
We are not hard enough on impaired drivers, IMHO.
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COL Randall C.
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While I agree with the outrage and putting the term "Second Degree Murder" on his charge sheet, it might be a distinction without a difference.

Vehicular Homicide is the appropriate charge - four counts.
(1) That the defendant killed the alleged victim by the operation of a motor vehicle, automobile, airplane, or motorboat;
(2) That the defendant acted recklessly, i.e., the defendant was aware of, but consciously disregarded, a substantial and unjustifiable risk that the alleged victim would be killed.
(3) That the killing was the proximate result of the driver’s intoxication, i.e., having a blood alcohol level of .08% or higher ...

Second Degree Murder requires intent (knowingly killing another). If the state were to charge him with Second Degree Murder, they would likely lose the case because they can't prove that aspect (and since Vehicular Homicide isn't a lesser included charge of Second Degree Murder, it won't "drop down" to that charge as an alternate if it can't be proven).

Understand, depending on how he's charged and found guilty ... he could be in jail at the low-end of 8 years (if convicted on one or more counts and serves the sentences concurrently) up to 120 years (found guilty on all four counts, serves the max, and serves them consecutively).
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Cpl Vic Burk
Cpl Vic Burk
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COL Randall C. I wasn't aware that vehicular homicide wasn't less of a charge than second degree. Thanks for the clarification on that.
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