1018 users online (224 members and 794 guests)  


Websleuths News


Page 1 of 8 1 2 3 ... LastLast
Results 1 to 15 of 112
  1. #1
    Join Date
    Nov 2013
    Posts
    4,281

    The Charges - Why Not First Degree?

    Does anyone know why they weren't charged with 1st degree murder?

  2. #2
    Join Date
    May 2012
    Posts
    9,735
    Quote Originally Posted by Luvrosco View Post
    Does anyone know why they weren't charged with 1st degree murder?
    That may be forth-coming. Florida appears to be different than other states in that regard.
    This article is available to subscribers only, but this pertinant part is in the media thread.

    Why not first-degree murder for suspects in Dr. Teresa Sievers case
    Posted Sep 1
    http://www.naplesnews.com/news/crime...-case_71863055
    "In Florida, the only way a first-degree murder charge can be brought forth is through a grand jury’s indictment.

    Each of the five counties in Southwest Florida’s 20th Judicial Circuit has its own grand jury, made up of 21 people, said Samantha Syoen, a spokeswoman for the State Attorney’s Office. A new grand jury is chosen every six months.

    Syoen declined to comment specifically on the Sievers case, beyond saying that the State Attorney’s Office has not yet received the case in its entirety to review for potential charges. Both suspects, Curtis “Wayne” Wright and Jimmy Rodgers, are named on warrants for second-degree murder, but at this point no charges have actually been filed, Syoen said.

    It takes 12 or more of the 21 grand jurors to reach an indictment"

  3. #3
    Join Date
    May 2012
    Posts
    9,735
    More on the process of first-degree murder charges from the subscription only article: http://www.naplesnews.com/news/crime...-case_71863055

    Speaking in general terms about the process, Syoen said that in Florida, the state attorney is the only person who can convene a grand jury for a potential charge of first-degree murder. Once convened, the state presents its evidence to the grand jurors, who can hear testimony and ask any questions they might have.
    ...
    In recent cases in Southwest Florida, grand jury indictments on first-degree murder charges happened weeks or months after a person’s arrest on lesser charges.

    In Florida, there doesn’t have to be evidence of premeditation for a killing to be considered first-degree murder. A defendant can also be indicted on that charge if he or she was participating, or attempting to participate, in certain felony offenses, such as burglary, sexual battery or home-invasion robbery. That means a person can be charged with first-degree murder if someone was killed during another crime, even if the defendant didn’t mean for it to happen.

  4. #4
    Join Date
    Jul 2015
    Location
    FLORIDA
    Posts
    3,783

    Felony Murder

    Quote Originally Posted by KateB View Post
    More on the process of first-degree murder charges from the subscription only article: http://www.naplesnews.com/news/crime...-case_71863055

    Speaking in general terms about the process, Syoen said that in Florida, the state attorney is the only person who can convene a grand jury for a potential charge of first-degree murder. Once convened, the state presents its evidence to the grand jurors, who can hear testimony and ask any questions they might have.
    ...
    In recent cases in Southwest Florida, grand jury indictments on first-degree murder charges happened weeks or months after a personís arrest on lesser charges.

    In Florida, there doesnít have to be evidence of premeditation for a killing to be considered first-degree murder. A defendant can also be indicted on that charge if he or she was participating, or attempting to participate, in certain felony offenses, such as burglary, sexual battery or home-invasion robbery. That means a person can be charged with first-degree murder if someone was killed during another crime, even if the defendant didnít mean for it to happen.
    Thank you for the info. That is exactly, what kept bugging me from day one. I could not explain the broken in side door in a staged scenario. If you remember I kept saying the broken-in side door was a mistake if it was staged. As pointed out in KateB's post, a person getting killed during a felony leads to a felony murder charge here in Florida!

    So JR and CWW either knew the alarm would be disarmed and they could indeed just break in through that side door or they did not expect that. Conveniently the alarm was off and the door was not dead bolted. They could have just used a credit card, if the had one..(*joke*).

    If they did not have any knowledge, that the alarm would be off, at what point did they find out? Standing in front of the cameras? Triggering the motion detector light, but not an alarm? How would one approach the house not knowing, if the alarm was on or off?

    By breaking- in through the side door, it makes it look random. BUT, it also "looks like" they DID NOT INTENT TO HURT OR KILL ANYONE INSIDE THE HOUSE. However, that does not work here in Florida! Burglary is a felony. THAT'S THE MISTAKE. You don't have to prove premeditation! Somebody did not tell them..

    They did not plan to get caught. They could have gotten in much easier through that side door. They created a smoke screen, which is coming after them.

    -Nin
    If the key does not fit, it's the wrong key.

  5. #5
    Join Date
    Jul 2015
    Location
    FLORIDA
    Posts
    3,783

    Florida Statutes

    Quote Originally Posted by KateB View Post
    More on the process of first-degree murder charges from the subscription only article: http://www.naplesnews.com/news/crime...-case_71863055

    Speaking in general terms about the process, Syoen said that in Florida, the state attorney is the only person who can convene a grand jury for a potential charge of first-degree murder. Once convened, the state presents its evidence to the grand jurors, who can hear testimony and ask any questions they might have.
    ...
    In recent cases in Southwest Florida, grand jury indictments on first-degree murder charges happened weeks or months after a personís arrest on lesser charges.

    In Florida, there doesnít have to be evidence of premeditation for a killing to be considered first-degree murder. A defendant can also be indicted on that charge if he or she was participating, or attempting to participate, in certain felony offenses, such as burglary, sexual battery or home-invasion robbery. That means a person can be charged with first-degree murder if someone was killed during another crime, even if the defendant didnít mean for it to happen.
    Also in regards to the FLORIDA STATUTES 782.04 Murder, it clearly states that (in my own words) a person, who is participating in the felony of, e.g. burglary, and that when another person gets killed during such burglary, that the individual, who did not personally engage in the killing, will still be charged of second degree murder!
    In other words, if we have JR and CWW, they break into the S house, Dr S gets killed and it is not KNOWN (yet) WHO killed her, both will get charged with second degree murder! It can get up to first degree, if they can prove, who did what.

    http://www.leg.state.fl.us/statutes/...s/0782.04.html

    I am trying to explain it in my own words. If I made an error, I stand corrected.

    -Nin
    If the key does not fit, it's the wrong key.

  6. #6
    Join Date
    Jan 2013
    Posts
    1,246
    Quote Originally Posted by No it's not View Post
    Also in regards to the FLORIDA STATUTES 782.04 Murder, it clearly states that (in my own words) a person, who is participating in the felony of, e.g. burglary, and that when another person gets killed during such burglary, that the individual, who did not personally engage in the killing, will still be charged of second degree murder!
    In other words, if we have JR and CWW, they break into the S house, Dr S gets killed and it is not KNOWN (yet) WHO killed her, both will get charged with second degree murder! It can get up to first degree, if they can prove, who did what.

    http://www.leg.state.fl.us/statutes/...s/0782.04.html

    I am trying to explain it in my own words. If I made an error, I stand corrected.

    -Nin
    Well said. The second degree murder charge can be upgraded or downgraded. IMO, they're waiting for one to roll on the others.

  7. #7
    Join Date
    Mar 2009
    Posts
    1,041
    first degree versus second degree murder may be a case of extradition.

    If another State or Country is being asked to extradite someone, the request can be refused if the death penalty is on the table so maybe that is the reason for the lower charge????

    I think it's just a case of who dealt the blow that killed her though. This is how so many parents fail to get charged for killing their children, instead there are charges of neglect. A sad fact.

  8. #8
    Join Date
    Jan 2013
    Posts
    1,246
    Quote Originally Posted by NSS View Post
    first degree versus second degree murder may be a case of extradition.

    If another State or Country is being asked to extradite someone, the request can be refused if the death penalty is on the table so maybe that is the reason for the lower charge????

    I think it's just a case of who dealt the blow that killed her though. This is how so many parents fail to get charged for killing their children, instead there are charges of neglect. A sad fact.
    While another country can refuse to extradite someone because the death penalty is on the table, a state cannot refuse to extradite on these grounds.

    Article IV, Section 1 of the United States Constitution, known as the "Full Faith and Credit Clause", addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."

  9. #9
    Join Date
    Jan 2013
    Posts
    1,246
    First Degree
    Committed purposely; premeditated

    Second Degree
    Committed knowingly or recklessly, perp acts with a substantial and unjustifiable risk to life.


    What Is Second-Degree Murder?
    According to the Florida Supreme Court, second-degree murder requires that the defendant was acting with a depraved mind, and did not have any regard for human life at the time of the incident. This is often the case in murders that did not have specific planning, or when the state cannot prove that the accused premeditated the offense.
    http://kevinaraudtesq.com/understand...er-in-florida/

  10. #10
    Join Date
    Jul 2015
    Posts
    830
    Quote Originally Posted by creepingskills View Post
    First Degree
    Committed purposely; premeditated

    Second Degree
    Committed knowingly or recklessly, perp acts with a substantial and unjustifiable risk to life.


    What Is Second-Degree Murder?
    According to the Florida Supreme Court, second-degree murder requires that the defendant was acting with a depraved mind, and did not have any regard for human life at the time of the incident. This is often the case in murders that did not have specific planning, or when the state cannot prove that the accused premeditated the offense.
    http://kevinaraudtesq.com/understand...er-in-florida/
    Does anyone know how many years a 2nd degree can get you in Florida?


  11. #11
    When all involved are arrested and indicted, I expect there will be first degree murder charges all around as well as conspiracy and solicitation charges. One or two might avoid the death penalty by turning state's evidence.

  12. #12
    Join Date
    Jan 2013
    Posts
    1,246
    Quote Originally Posted by Bobbywoo View Post
    Does anyone know how many years a 2nd degree can get you in Florida?
    Life in prison.

  13. #13
    Join Date
    Aug 2015
    Location
    St. Louis, MO
    Posts
    127
    My personal thoughts about this topic, regardless of this case, but still especially applies in this case:


    Personally, America is one screwed up country with regard to punishment fitting the crime. In particular, I think nobody is afraid or concerned with the "death penalty" because they know that it takes at least 20 years to get implemented. Idiots all over who do not even know the murderer and victims of the crime will protest and attempt to stop death sentences, endless appeals, and any of a number of other silly things that happen in the USA.

    So why would a criminal, if convicted, turn state's evidence? Getting the sentence reduced to Life, is almost the same thing as Death to be carried out in a couple of decades. Nobody fears the death sentence.

    We know people are short-sighted and cannot see past tomorrow. So death sentence carried out in 20 or 25 years, is like forever away.

    Now, if in our country the death sentence got performed a week after verdict, police would have a much different scenario when leaning on people in jail to confess and turn over evidence, etc.

    JMO

  14. #14
    Join Date
    Oct 2010
    Location
    SouthWest Florida
    Posts
    20,201
    Quote Originally Posted by creepingskills View Post
    Well said. The second degree murder charge can be upgraded or downgraded. IMO, they're waiting for one to roll on the others.
    what if there are no others?
    what are they waiting for?

    waiting to get them in florida! IMO

  15. #15
    Join Date
    Oct 2010
    Location
    SouthWest Florida
    Posts
    20,201
    Quote Originally Posted by Skinner View Post
    My personal thoughts about this topic, regardless of this case, but still especially applies in this case:


    Personally, America is one screwed up country with regard to punishment fitting the crime. In particular, I think nobody is afraid or concerned with the "death penalty" because they know that it takes at least 20 years to get implemented. Idiots all over who do not even know the murderer and victims of the crime will protest and attempt to stop death sentences, endless appeals, and any of a number of other silly things that happen in the USA.

    So why would a criminal, if convicted, turn state's evidence? Getting the sentence reduced to Life, is almost the same thing as Death to be carried out in a couple of decades. Nobody fears the death sentence.

    We know people are short-sighted and cannot see past tomorrow. So death sentence carried out in 20 or 25 years, is like forever away.

    Now, if in our country the death sentence got performed a week after verdict, police would have a much different scenario when leaning on people in jail to confess and turn over evidence, etc.

    JMO
    Like the old west they took them out back the court house and shot them!
    Next!

Page 1 of 8 1 2 3 ... LastLast


Similar Threads

  1. Replies: 132
    Last Post: 10-28-2016, 07:35 AM
  2. GUILTY IA - Michael Goodale for child sexual abuse, Mason City, 2011
    By peeples in forum Recently Sentenced and Beyond
    Replies: 1
    Last Post: 12-07-2012, 04:12 PM
  3. Replies: 15
    Last Post: 02-04-2010, 01:43 PM

Tags for this Thread