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AP - If lawyer dies, Cheney could face negligent homicide charges
AP ^ | 2/15/06

Posted on 02/15/2006 1:24:33 PM PST by iPod Shuffle

If lawyer dies, Cheney could face negligent homicide charges

02/15/2006 02:42:17 PM

DALLAS (AP) -- If the man wounded by Dick Cheney dies, the vice president could -- in theory at least -- face criminal charges, even though the shooting was an accident.

Dallas defense attorney David Finn, who has been a state and a federal prosecutor, said Wednesday that a Texas grand jury could bring a charge of criminally negligent homicide if there is evidence the vice president knew or should have known "there was a substantial or unjustifiable risk that his actions would result in him shooting a fellow hunter."

"The risk must be of such a nature and degree that it got to be pretty outrageous -- that a reasonable person would have to say, `I am not pulling the trigger because this other guy might be in front of me,"' Finn said. *

The charge carries up to two years behind bars, but with no previous felonies Cheney would be eligible for probation, the former prosecutor said.

Mark Skurka, first assistant district attorney of the three-county area where the shooting took place, said prosecutors did not have an investigation under way.

"If something unfortunate happens, then we'll decide what to do, then we'll decide whether we're going to have an investigation or not," Skurka said.

Harry Whittington, a 78-year-old lawyer, was struck in the face, neck and chest with shotgun pellets over the weekend while Cheney was shooting at quail. Whittington suffered a mild heart attack Tuesday after a pellet traveled to his heart.

But on Wednesday, hospital officials said he had a normal heart rhythm again and was sitting up in a chair, eating regular food and planned to do some legal work in his hospital room. Doctors said they are highly optimistic he will recover.

In the only other case of someone being shot by a vice president, Aaron Burr was indicted on murder charges in New York and New Jersey for killing Alexander Hamilton in a duel in 1804, but he was never tried and finished out his term in office.


TOPICS: News/Current Events
KEYWORDS: alreadyinbreaking; assholepervadedpress; associatedpress; cheney; cheneyaffair; dnchoping; fingerscrossedatdnc; harrywhittington; hillarylaughing; quailgate
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1 posted on 02/15/2006 1:24:35 PM PST by iPod Shuffle
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To: iPod Shuffle

Last I heard, Mr. Whittington is going to (gasp) live.


2 posted on 02/15/2006 1:25:08 PM PST by SlowBoat407 (The best stuff happens just before the thread snaps.)
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the DUmmies and media shills want this man to die.


3 posted on 02/15/2006 1:25:21 PM PST by iPod Shuffle
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To: iPod Shuffle

Boy it's nice to see that the AP is hoping for a speedy recovery. /s


4 posted on 02/15/2006 1:25:46 PM PST by mainepatsfan
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To: iPod Shuffle

I hope his family has a food taster for him. Having several hundred journalists holding a candlelight vigil outside the hospital would make me nervous.


5 posted on 02/15/2006 1:25:55 PM PST by CWOJackson (Tancredo? Wasn't he the bounty hunter in Star Wars?)
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To: iPod Shuffle

Wow, simply amazing. The AP is writing wish pieces, absolute wish pieces.


6 posted on 02/15/2006 1:26:16 PM PST by FlipWilson
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To: iPod Shuffle

The AP, DUmmies, and the MSM have to be the most craven bunch there is.


7 posted on 02/15/2006 1:26:40 PM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: iPod Shuffle
When you think you have these folks figured,they stoop to a new low.

Another slow news day,I guess.

8 posted on 02/15/2006 1:28:58 PM PST by jos65
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To: iPod Shuffle

James Taranto of the OpinionJournal's Best of the Web Today has an excellent item on this

http://www.opinionjournal.com/best/?id=110007971


9 posted on 02/15/2006 1:29:05 PM PST by saveliberty (Spitzer (fleas be upon him))
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To: iPod Shuffle
You can literally picture the writer sitting there with his fingers crossed, breathless with anticipation, "Will this be the one? Will this finally be the red herring that brings down the cursed Bush Administration(tm)?"
10 posted on 02/15/2006 1:29:10 PM PST by Egon (We are number one! All others are number two... or lower.)
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To: iPod Shuffle

In other news...

If I hit the Powerball tonight, I'll be on a warm beach by the weekend.


11 posted on 02/15/2006 1:29:20 PM PST by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: iPod Shuffle

If that happens, let me know. Until then, I don't care.

This is worth a medium sized headline, and two minutes on the evening news, and thats it. Its a good story, its interesting. Its not a major story except for the day it happens.

If Cheney's friend dies, he'll be distraught. The loss of his friend will be much more painful than any legal action that may result. The human story in all this is the only story that interests me. The press sees only a political story, and this distorts their view of this and every other story they touch.


12 posted on 02/15/2006 1:30:03 PM PST by marron
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To: iPod Shuffle

When this man dies in 20 years at age 98 the press will be claiming it was premature, and due to gunshot by Cheney.


13 posted on 02/15/2006 1:30:09 PM PST by truth_seeker
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To: iPod Shuffle
It's a GREAT time for the MSM to bring up Ted Kennedy's "negligent homicide" charge from Chappaquiddick, isn't it?? (What? There was no charge??)

Has anyone gotten a statement from the Swimmer yet?

Yeah, let's the GOP play THAT game too.

14 posted on 02/15/2006 1:31:02 PM PST by F16Fighter
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To: iPod Shuffle
A real clear cut case for DeLay's ronnie earle to play with!??!
15 posted on 02/15/2006 1:31:08 PM PST by danamco
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To: iPod Shuffle
the DUmmies and media shills want this man to die.

Roger that, Cheney might have to put a bodygaurd outside of Harry's room a la Vito Corleone.
16 posted on 02/15/2006 1:31:36 PM PST by HEY4QDEMS (Learn from the past, don't live in it.)
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To: iPod Shuffle

The media is just a buncha GHOULS!


17 posted on 02/15/2006 1:32:04 PM PST by SuziQ
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To: FlipWilson
Wow, simply amazing. The AP is writing wish pieces, absolute wish pieces.



They never said a piiip about vincent foster!??!
18 posted on 02/15/2006 1:32:35 PM PST by danamco
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To: iPod Shuffle

If Mr. Whittington dies when he's 88 -- in 10 years -- the press will scream for homicide charges against Cheney.


19 posted on 02/15/2006 1:33:10 PM PST by hershey (enmark)
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To: iPod Shuffle
News Flash: Dick Cheney is bound by the same laws as everybody else.

This is an example of important principle, but doesn't exactly call for this gee-whiz treatment.

20 posted on 02/15/2006 1:33:26 PM PST by steve-b (A desire not to butt into other people's business is eighty percent of all human wisdom)
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To: iPod Shuffle

Oh, bullpoop! No such charges would ever be filed in the State of Texas. This is just nonsense!


21 posted on 02/15/2006 1:33:34 PM PST by MineralMan (godless atheist)
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To: swain_forkbeard
If I hit the Powerball tonight, I'll be on a warm beach by the weekend.

WHEN I win the powerball tonight, I will deposit my lump sum check and head to the Carribean to shop for a small island.

22 posted on 02/15/2006 1:34:00 PM PST by CROSSHIGHWAYMAN (Toon Town, Iran...........where reality is the real fantasy.)
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To: iPod Shuffle

If a frog had a tail...


23 posted on 02/15/2006 1:34:04 PM PST by KarinG1 (Some of us are trying to engage in philosophical discourse. Please don't allow us to interrupt you.)
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To: swain_forkbeard

I'll be on one Sunday whether I win or not tonight.


24 posted on 02/15/2006 1:34:47 PM PST by mainepatsfan
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To: FlipWilson

Yep! Lots of wishful thinking going on here. But then,
it's nothing new.


25 posted on 02/15/2006 1:34:50 PM PST by davisfh
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To: iPod Shuffle

With my tin foil helmet securely fastened, might I suggest posting a guard at his room, less some "looney-leftist" assist Mr. Whittingham to an "early demise," (a trait learned from bubba clintoon) in their on-going effort to be disruptive to our political process & America in general.


26 posted on 02/15/2006 1:35:11 PM PST by Fighter@heart (Anit-troll mechanism is on & scanning all posts)
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To: iPod Shuffle
If Ted Kennedy dies, the Vodka and Vodka importing industries may plunge into a depression from which they may never recover.
27 posted on 02/15/2006 1:35:50 PM PST by Darth Republican
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To: steve-b
News Flash: Dick Cheney is bound by the same laws as everybody else.

What law did he break?

28 posted on 02/15/2006 1:36:13 PM PST by JackDanielsOldNo7 (If it wasn't for marriage, I would not have this screenname.)
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To: iPod Shuffle

I'm hoping that the next time Cheney goes hunting, he takes the entire newsroom from each of the following: NY Times, WA Post, Boston Globe, Milwaukee Journal/Sentinel.


29 posted on 02/15/2006 1:36:19 PM PST by Joy in the Journey (http://ancientquest.blogspot.com/)
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To: iPod Shuffle
AP - If lawyer dies, Cheney could face negligent homicide charges

Does that still apply if he dies because some crazed DUer throws a pillow over his face?
30 posted on 02/15/2006 1:36:41 PM PST by Rastus
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To: iPod Shuffle
But on Wednesday, hospital officials said he had a normal heart rhythm again and was sitting up in a chair, eating regular food and planned to do some legal work in his hospital room

IF I were 78 and IF I were in the hospital AND IF I were a lawyer, I doubt I would want to do some legal work in my hospital room. Unless it was a cute nurse who wanted to see my legal briefs.

31 posted on 02/15/2006 1:36:52 PM PST by pikachu (I must be be built upside down -- my nose runs and my feet smell!)
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To: iPod Shuffle

These people are morbid. Don't they have anything better to do than speculate about people dying?


32 posted on 02/15/2006 1:36:53 PM PST by Irish Rose (Will work for chocolate.)
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To: iPod Shuffle

And, if my Aunt had b@lls, she'd be my uncle.


33 posted on 02/15/2006 1:37:05 PM PST by Stashiu (RVN, 1969-70)
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To: iPod Shuffle

Words fail.


34 posted on 02/15/2006 1:37:08 PM PST by SE Mom (God Bless those who serve..)
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To: iPod Shuffle

The AP is morbid...


35 posted on 02/15/2006 1:38:28 PM PST by tomnbeverly (Psalm 127; Behold, children are a heritage from the Lord, the fruit of the womb a reward.)
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To: F16Fighter

EXACTLY! If Cheney is gonna be charged, then we can indict Ted Kennedy for Chappaquiddick, since there's no Statute of Limitations for murder.


36 posted on 02/15/2006 1:38:42 PM PST by antonico
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To: iPod Shuffle

However outrageous as that might sound, you are right. They are unhinged.


37 posted on 02/15/2006 1:38:51 PM PST by RobbyS ( CHIRHO)
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To: iPod Shuffle

Bad news for the left. Mr Whittington is sitting up in his bed, eating food and doing some lawyer work. :-)


38 posted on 02/15/2006 1:39:10 PM PST by Kaslin ("Hindsight alone is not wisdom, and second-guessing is not a strategy" President G.W. Bush)
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To: iPod Shuffle
"Carlos Valdez, district attorney of the county in which the shooting occurred, told the Corpus Christi Caller-Times on Wednesday that he did not foresee a criminal investigation.

http://www.foxnews.com/story/0,2933,184957,00.html
39 posted on 02/15/2006 1:39:30 PM PST by blogblogginaway (..)
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To: iPod Shuffle

Nice of them to make comparisons between Aaron Burr (who fired with full knowledge & evil intent upon Alex Hamilton) and Richard Cheney (who possessed neither).


40 posted on 02/15/2006 1:39:38 PM PST by ExcursionGuy84 ("Jesus, Your Love takes my breath away.")
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To: SE Mom

Yeah. when monkeys fly out my rear.

Bush will say nope, because it would be a circus and drag every other political hack into the "discovery" process.

Can anyone say pardon.

roflmao


41 posted on 02/15/2006 1:39:46 PM PST by MadeInAmerica ( - Tested in the Middle East)
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To: tomnbeverly
The AP is morbid

The "morbid", the merrier. [j/k]

42 posted on 02/15/2006 1:40:29 PM PST by ExcursionGuy84 ("Jesus, Your Love takes my breath away.")
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To: CWOJackson
I think this is a valid concern they are just that crazy/ desperate to create a serious scandal for the admin.
43 posted on 02/15/2006 1:40:39 PM PST by Roverman2K
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To: iPod Shuffle

The MSM is such idiots..I hope they get what they want but not in the person they want to die..maybe they will get their wish if Harry Reid dies..You know the one that waited three days before reporting his heart attack to the idiot media..


44 posted on 02/15/2006 1:40:40 PM PST by Beth528
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To: iPod Shuffle

It almost impossible to prosecute a hunting accident. We used to joke that if you wanted to take somebody out, and get away with it, take them hunting.


45 posted on 02/15/2006 1:41:18 PM PST by Dixie republican
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To: iPod Shuffle
well the guy is 78 years old, is Cheney now his keeper the rest of his life?
46 posted on 02/15/2006 1:41:29 PM PST by Echo Talon
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To: iPod Shuffle
This one reminds me of the horrible medical examiner Bill Clinton retained in Arkansas, who ruled that Clinton's mother wasn't the cause of death of a crime victim so she could escape liability, even though she almost certainly was responsible for botching the victim's anesthesiology.

The medical examiner gave many incredible rulings, including that murder victims committed suicide and that one victim's head could not be studied because it was eaten by a dog. The family exhumed the body, finding head intact. the examiner was supposed to be fired but instead got a raise from - Jocelyn Elders.

So if the hunter dies, Cheney just needs a medical examiner on the take, like Clinton had. The media covers up such evil for democrats, it's amazing.

47 posted on 02/15/2006 1:41:54 PM PST by Williams
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To: Darth Republican

ha ha ha


48 posted on 02/15/2006 1:42:22 PM PST by Roverman2K
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To: saveliberty

Sheesh...that one note in Taranto's column about Hillary and Kennedy laughing during an Armed Forces Committee hearing...

It says she threw back her head a laughed so loud it eched in the chamber...

YIKES...we all know how bad her cackle sounds...it sent shivers up my neck..just reading about it...LOL


49 posted on 02/15/2006 1:42:37 PM PST by Txsleuth
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To: iPod Shuffle
He must be trolling for clients...


David Finn, Fort Worth Texas criminal defense lawyer concentrating in drunk driving (DWI), possession of drugs and other controlled substances

attorney David Finn was selected by his fellow lawyers as a "Texas Super Lawyer"

Dallas personal injury lawyer, David Finn concentrating in wrongful death, medical malpractice, premises liability and defective products cases.


******


From the age of 10, Judge David Finn knew he was destined to become a lawyer. His father, Dallas lawyer Frank Finn took him on a business trip to Washington, D.C. where David was planted in the front row of a large, crowded room and was told by his father, "keep your eyes and ears open and you’ll learn something – this is history." So, for a week, he watched the Watergate hearings. That week motivated him to become a trial lawyer.

He majored in politics and minored in Latin American Studies

Judge Finn says that he learned his most valuable lessons about being a judge before he was even sworn in, when he stayed home for nine months to care for his one-year old son, Liam, so that his wife Melissa, who received her B.A. from Texas A&M and her M.A. from the Columbia School of Journalism, could go back to work as editor at The Associated Press in Dallas.

50 posted on 02/15/2006 1:42:58 PM PST by kcvl
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