Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
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11-12-2016, 09:45 AM
Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
http://www.tennessean.com/story/news/cri.../95210356/
I don't see how 14 murder charges would ever have a chance of being tacked onto their sentence. If they're going to charge anyone with murder, that should be mother nature. That bitch is pure evil.

If we came from dust, then why is there still dust?
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11-12-2016, 09:46 AM (This post was last modified: 11-12-2016 09:49 AM by cactus.)
RE: Two teens arrested for arson in Gatlinburg, Tennessee widlfire case
Maybe they'll finally charge Yahweh with aggravated murder. He clearly showed intent.
http://www.theblaze.com/news/2016/11/30/...tennessee/
Insurance companies' usage of the term "acts of God" has never felt more apropos.

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11-12-2016, 10:11 AM
RE: Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
(11-12-2016 09:45 AM)cactus Wrote:  I don't see how 14 murder charges would ever have a chance of being tacked onto their sentence.

Here's how:

Quote:39-13-202. First degree murder.

(a) First degree murder is:

(1) A premeditated and intentional killing of another;

(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or

(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

(b) No culpable mental state is required for conviction under subdivision (a)(2) or (a)(3), except the intent to commit the enumerated offenses or acts in those subdivisions.

[Emphasis added -- Thump]

http://law.justia.com/codes/tennessee/20.../39-13-202
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11-12-2016, 10:22 AM
RE: Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
Yeah, I guess that makes sense. It just seems a little odd for the counts of "first degree" murder to be based solely on the outcome of a natural weather event, rather than on the intent of the perpetrator.

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11-12-2016, 10:24 AM
RE: Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
Someone lighting matches that start a fire that is made worse by weather isn't a natural weather event.

Had lightning started the fires that would be a natural weather event.

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11-12-2016, 12:05 PM
RE: Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
(11-12-2016 09:45 AM)cactus Wrote:  http://www.tennessean.com/story/news/cri.../95210356/
I don't see how 14 murder charges would ever have a chance of being tacked onto their sentence. If they're going to charge anyone with murder, that should be mother nature. That bitch is pure evil.

Some prosecutors simply can't give up the idea of "somebody's responsible".....

......

And yeah - I can understand why they feel that way.

.....

The laws are written such - that if your actions have a FORESEEABLE chance of causing injury or death --- even if such actions are not a direct attack on someone - you can be held responsible for their death ... (Usually manslaughter)...

The trick for the prosecutor here - is convincing a jury that those junior firebugs could have FORESAW the possibility of people dying from their actions.

That's gonna be a tough row to hoe....

.......................................

The difference between prayer and masturbation - is when a guy is through masturbating - he has something to show for his efforts.
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11-12-2016, 02:44 PM
RE: Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
Six months in juvie tops
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11-12-2016, 05:04 PM
RE: Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
(11-12-2016 10:11 AM)Thumpalumpacus Wrote:  
(11-12-2016 09:45 AM)cactus Wrote:  I don't see how 14 murder charges would ever have a chance of being tacked onto their sentence.

Here's how:

Quote:39-13-202. First degree murder.

(a) First degree murder is:

(1) A premeditated and intentional killing of another;

(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or

(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

(b) No culpable mental state is required for conviction under subdivision (a)(2) or (a)(3), except the intent to commit the enumerated offenses or acts in those subdivisions.

[Emphasis added -- Thump]

http://law.justia.com/codes/tennessee/20.../39-13-202

"except the intent to commit the enumerated offenses"

They'll need to argue the boys intended to start a fire.
By the sounds of it they were just messing around with the matches. They were reckless as shit, but if they had intent or not is a different matter.

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11-12-2016, 05:12 PM
RE: Two teens arrested for aggravated arson in Gatlinburg, Tennessee widlfire case
Intent will be difficult to prove. I imagine their textings are being scrutinized.
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