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Originally Posted by Funky Fly
First degree murder is a bullshit charge.
It's not like he planned to kill the guy.
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It doesn't need to be premediated. He drove recklessly, it caused someone to die, that under Georgia law is First Degree Vehicular Homocide. Notice he's not being charged with First Degree Murder, its First Degree Vehicular Homicide.
I imagine he's being charged with both so as to give the jury an option. They could acquit him on First degree but find him guilty of second degree.
Though to me, given what I have heard I'd say the First Degree is a just charge
Here's Georgia law:
First degree vehicular homicide is a
felony. Vehicular homicides are classified as first degree if the driver:
(1) unlawfully met or overtook a school bus;
(2) unlawfully failed to stop after collision;
(3) was driving recklessly;
(4) was driving while under the influence of alcohol or drugs;
(5) failed to stop for, or otherwise was attempting to flee from a law enforcement officer, or
(6) had previously been declared a habitual violator.
First degree vehicular homicide is punishable by
2 to 15 years of imprisonment. If the accused had previously been declared a habitual violator, then at least 1 year of the sentence must be served. Second degree vehicular homicide encompasses all vehicular homicides without intent to kill that take place in violation of any motor vehicle law other than one that would require the classification as first degree. For example, a death resulting from a failure to yield to oncoming traffic, speeding, or driving too slowly, unless such constituted reckless driving, could be charged as a homicide by vehicle in the second degree.
Second degree vehicular homicide is a
misdemeanor, punishable by imprisonment or other confinement for up to 1 year, a fine of up to $1,000.00, or both. However, at the judge’s discretion, punishment may be suspended or a probation sentence may be received.
http://www.georgestein.com/vehicular/