Witnessing a drunk driver run over your two kids, killing them and finding him apparently “OK” could be a textbook scenario for a “crime of passion” or temporary insanity.
I would think so.
I agree. Not guilty.
I wish I was on that jury. I have a reasonable doubt.
Speaking as a father, if I were on the jury, I could not vote to convict.
I’m among those who couldn’t vote to convict, but from a purely legal perspective, I don’t think “temporary inanity’’ includes walking home, getting your gun, and returning to the scene of the crime... all before the ambulance got there?
Legally speaking, though, premeditation can be formed in the "blink of an eye." The fact that this guy found the drunk driver apparently OK, and then deliberately walked back to his house, retreived his gun, walked back out and shot him could also be a textbook scenario for premeditated murder. Could go either way.
Adding to your analysis the realization that the man killing your kids will probably receive a token “slap on the wrist” the scene is set for vigilante justice. Based solely on the information presented I tend to support the father.
Or jury nullification.
Being a parent and a seldom user of alcohol, NEVER before driving, I know how I would vote!