Hey Marsha. Still working on my novel. So given that the year is 1980, and the father is a single parent (mother deceased) and takes the kids sailing, gets drunk, and doesn't use good judgment with an approaching storm and they all get caught in the squall where the boat capsizes, one child (son, age 5) dies.
If the father is charged with Reckless Homicide and in the trial
it is revealed that he had a drinking problem, physically abused daughter (age 11)(slapped her once in angry drunken state), but has no criminal record
. Also, within 48 hours of the sailing tragedy, the older son (age 13) pulls a pistol on his father, blaming him for the younger son's death. The father overpowers him and turns the gun
on the son, making threats, but does not shoot. In this possible scenario, here are my questions:
1. Would the charge toward the father for the death still be Reckless Homicide?
What would the other charges be called for physical abuse of the daughter and aiming a gun at this son while making threats?
2. If this went to trial and the father was convicted, would he lose the kids? And what kind of sentence
would be typical for the charges and the 1980s (With Reckless Homicide your notes said it would be a felony of the third degree.
3. Would the son (age 13) be charged for pulling a gun on his father? What would a typical sentence be for that kind of thing with a minor--although I can see a jury being more sympathetic toward the son. Again, the time frame is 1980. I don't know how much things have changed in the last 30+ years in Ohio courts