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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3124
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In 2001, three guys commit a crime in which a death occurs.

Customer Question

In 2001, three guys commit a crime in which a death occurs. 1st defendant (16yr) is charged with ''Capital Murder'' and sent to prison, several months later the other 2 guys (16yr) and (18yr) receive a lower ''Murder'' charge. How is this possible? What can and should be done at this point.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  4ren6 replied 9 years ago.
What are the circumstances that caused the death.........why did it take several months later to convict the others. Hard question to answer without knowing some detail as to the involvement of each person.
Customer: replied 9 years ago.
there was a fight between the 18 yr old and the 34 yr old victim. The victim was in a drug induced rage. The 1st defendant panicked and weilded a baseball bat. Trying to help his 'friend' the 1st defendant hits victim on the upper back with the bat. The victim turns and starts coming at him. He throws the bat down and ran. This allowed the 18 yr old time to get up and grab the bat and he and the other 16 yr old start taking turns hitting and kicking the victim.
After seeing how the court treated 1st defendant, the parents of the other 16 yr old refused to let him claim adulthood and petitioned the court to move case to another area. The 18yr old plea bargain blaming the 1st defendant. What options are available to us?
Customer: replied 9 years ago.
During court, the girlfriend admitted that she and 18 yr old came up with a plan to take money or drugs from the victim. The 18 yr old exercised his 5th amendment right when asked about this in court. The other 16 yr old was driving the car and said in the rear view mirror he could see the two were planning something but he didn't think the 1st defendant was aware of the plan. 1st defendant was not aware of the plan. He didn't know anything had been stolen from the victim until he was questioned by the attorney. He thought they were giving this guy a ride home. When they stopped the car 1st defendant got out so the victim could get out of back seat. The 18yr old and girlfriend "got out and everything went crazy". The bat was not found. The 1st defendant had no blood on his clothes or shoes while the other two and the girl had blood all over them. Head injury for the victim.
Expert:  4ren6 replied 9 years ago.
Customer I have opted out of this question...........Meaning that I will allow other experts to answer.
Customer: replied 9 years ago.
Relist: No answer yet.
There was a fight between the 18 yr old and the 34 yr old victim. The victim was in a drug induced rage. The 1st defendant panicked and wielded a baseball bat. Trying to help his 'friend' the 1st defendant hits victim on the upper back with the bat. The victim turns and starts coming at him. He throws the bat down and tries to get away. The 18 yr old grabs the bat and he and the other 16 yr old start taking turns hitting and kicking the victim.
The reason it took so long for 2nd and 3rd convictions: After seeing how the court treated 1st defendant, the parents of the other 16 yr old refused to let him claim adulthood and petitioned the small town court to move case to another area. The 18yr old plea bargain blaming the 1st defendant(even though the plan was HIS own) according to the testimony of DA's main witness. What options are available to the 1st defendant? What is the time limit on filing an appeal?