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Originally Posted by Acey
I don't see how knowing him previously is proof that he intended to kill him and not cause bodily harm, nor do I imagine a jury will make that connection either... unless there are uncovered text messages from his phone saying "I'm going to kill the negro I work with at the club".
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I don't think that the charge should be first degree, but if the officer had prior contact with the victim, and acted partially on any emotional judgement that he had prior to the arrest and not on the facts in front of him at that moment, the charge looks like second degree, to me. He didn't like him, so he kills him.
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Typically, second-degree murder is defined as murder that is not premeditated, or murder that is caused by the offender's reckless conduct that displays an obvious lack of concern for human life.
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