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hey my name isXXXXX my 17 year old brother was shot

by a 22 year old...
hey my name isXXXXX my 17 year old brother was shot by a 22 year old gun man in my Aunt house in Fridley on November 14, 2008. the case was taken to court, in court the judge mad his decision to give the boy who shot my brother only 10 years probation, no jail time just because he pleaded guilty and told the judge and his lawyer it was an accident. He was charge was second degree manslaughter. but he received no jail time. A
witness who was with the gun man that day before he shot my brother came to court and testified saying the gun man plan to kill someone that day who was my brother he killed. the judge heard this testimony from the witness but he still ruled second degree manslaughter. the gun man was set free without any jail time. our community was very angry because justice was not served. they left it as a cold case. so my question to you is." how many years is a person supposed to serve for second degree Manslaughter?. second if a child gets shot in his aunt house for no reason by a unknown gun man is it suppose to be considered a second degree manslaughter or a first degree murder?. thirdly if the family wanted to reopen the case what steps should be take to make sure justice is giving serve for this innocent child killed in cold blood.
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Answered in 14 minutes by:
7/6/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Customer:

yes

Alex Esquire :

I am very sorry to hear about this tragic situation and the loss of your brother!

Alex Esquire :

Let me address your questions

Customer:

OK

Customer:

are you there?

Alex Esquire :

1) the second degree manslaughter conviction in Minnesota carries a penalty of up to 10 years in prison and a fine of up to $20,000

Alex Esquire :

Yes, please give me a chance to type up my answers. Thanks.

Customer:

ok

Alex Esquire :

2) It is difficult to determine with what crime the killer should have been charged, without knowing all of the facts and circumstances leading to the criminal act / shooting.

Alex Esquire :

I would agree that the Manslaughter in the Second Degree should only apply if the defendant was negligent and not if the defendant intended to kill his victim.

Alex Esquire :

If the defendant intended to kill his victim and planned to kill the specific victim, it would be a premeditated murder in the first degree.

Customer:

ok

Alex Esquire :

3) Unfortunately, once the criminal trial takes place and the criminal defendant is convicted of a crime, there is no legal way to re-open the case and to charge the defendant with another criminal charge related to the same criminal act.

Alex Esquire :

This is know as "double jeopardy" and is unconstitutional to put defendant on trial more than once for the same crime, once there was a conviction reached in the first trial.

Alex Esquire :

Does this make sense?

Customer:

yes

Customer:

since the judge decided to let him go free that's it. the state can not do anything about it if we decided to reopen this case

Alex Esquire :

Was this a jury trial or did the defendant enter a plea?

Customer:

the man enter a plea

Alex Esquire :

okay

Alex Esquire :

Well, in this case, you could still sue the defendant civilly based on the wrongful death and it would be highly likely that you and your family would prevail.

Alex Esquire :

However, generally it is not possible to have additional criminal charges brought forward for the same criminal act.

Alex Esquire :

Does that make sense?

Customer:

yes

Alex Esquire :

I know how unfair this situation is and I am very sorry for all the pain and emotional suffering your family is going through.

Alex Esquire :

I wish prosecutor had have done a better job with this case, but it does appear that the prosecutor simply wanted to plea this case and get it over with.

Customer:

are the laws in every state the same?

Alex Esquire :

yes

Alex Esquire :

The double jeopardy is prohibited by the US Constitution

Alex Esquire :

So it applies to every state

Alex Esquire :

It makes sense in most cases, but of course there are some exceptions where this rule does not appear fair.

Alex Esquire :

the constitution rule was designed to prevent people from being tried for the same crime over and over again and I am sure you can see how that would make sense.

Customer:

so this basically means there is nothing we can do about the case

Alex Esquire :

aside from suing civilly

Alex Esquire :

for damages / money based on wrongful death of your brother.

Customer:

so if we decided to take the case to a civil court what step will be taken

Alex Esquire :

You would need to hire a local civil litigation / wrongful death attorney and this attorney will be able to pursue your case.

Alex Esquire :

There is generally no upfront fees or costs and most such attorneys would take the case on contingency basis, which means you do not pay any money upfront, unless the lawyer wins the case and collects on a judgment for you.

Customer:

okay thanks for your time.

Alex Esquire :

I am once again very sorry for the loss of your beloved brother and the tragedy that happened to your family!

Alex Esquire :

I wish you the best of luck.


 


Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex Esquire :

Also, there is no statute of limitation related to a civil claim, but you might want to have a local lawyer evaluate your case for a wrongful death lawsuit as soon as you can.

Alex Esquire :

I wish you the best of luck.


 


Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

no I am finished

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Dear Sue,

I wish you the best of luck.


 


Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
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Experience: Experienced Licensed Attorney / Criminal Law Mentor

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