Does killing someone by a "atomic wedgie" warrant a murder charge?
33-year old Brad Lee Davis has been charged with murder, after allegedly killing a relative by giving him an atomic wedgie. According to officials, the two were arguing when Davis pulled the victim's underwear over his head, which led to suffocation. Although there is indeed a dead victim in this event, I personally have a problem believing anyone would actually plan out a murder via any kind of wedgie. Do you feel this incident warrants a murder charge, or do you think manslaughter or some other lesser charge is more appropriate?
Manslaughter would be the more fitting charge I believe. They are probably charging him with murder in the hopes to plea to or land a manslaughter conviction. The lawyers always seek as much as they can in the charges typically knowing they'll get less. Like used car dealers!
There was another case in 2004 of a 10 year old who had surgery to his testicle and there was also death.
Murder doesn't require premeditation. That is generally the requirement for first-degree murder. Murder requires only the intent to kill, or in some cases, the intent to commit serious harm which leads to death. Exact definitions vary by jurisdiction.
If this was a fight and an accidental suffocation than I'd say a lesser charge would be appropriate. However, I don't see how you'd suffocate on your underwear without a little help. The autopsy should pretty clearly show whether strangulation took place, and strangulation I think generally constitutes an intent to commit serious harm.They also found blood splatter around the house which would suggest a decent beating, and there have been reports of information pertaining to the crime on the perpetrator's phone (though, I am always leery of initial reporting).
I think he is being held for first-degree murder, so they may have the evidence for it, but as far as I am aware, that isn't a formal charge yet.
I read about that too, and it was so hard to fathom. I think manslaughter - but you never know, we weren't there....
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