[Eepsy]

The difference is in a DUI accident, a person is impaired by the alcohol before they make the decision to drive the car. I can see how that would preclude maliciousness. What was impairing this guy? The other EMTs told him to put the paddles down. He was in a position where he should have had knowledge of the effects. If what he did wan't "malicious" I need a new dictionary.

[don-o]

Very interesting discussion. May I ping y'all when we have the trial on 2nd murder charge for the drag racer that killed one and maimed another?

I think that's happening in June in Jonesbourough, TN.

[TChris]

If what he did wan't "malicious" I need a new dictionary.

Perhaps you do. Have you looked up the word "malice"? Here's the entry from dictionary.com:

mal·ice
n.

1. A desire to harm others or to see others suffer; extreme ill will or spite.
2. Law. The intent, without just cause or reason, to commit a wrongful act that will result in harm to another.

The common theme in both definitions is the desire to harm. Malice is wanting to make someone hurt. Malice is found in the presence of hatred, anger and revenge. There is no evidence of any of those things in this case.

He was not angry at Courtney. He did not hate Courtney. There's no evidence of a desire for revenge. He wasn't even defending himself against a perceived attack.

Nothing in this case demonstrates that Joshua Martin intended to harm Courtney Hilton, but rather that he intended to startle her. It was a definitive case of involuntary manslaughter. The prosecutor charged Martin correctly.