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Made in us
Willing Inquisitorial Excruciator




Elverson, PA

A woman is dead and 22 other people injured after a car sped on to a pavement in New York City's Times Square, the fire department says.
The 26-year-old driver, a US Navy veteran and US citizen, is in custody.
"There is no indication that this was an act of terrorism," said New York Mayor Bill de Blasio.
The maroon Honda jumped the kerb and travelled for three blocks before crashing.
Photos showed the sedan partially on its side on the pavement with smoke and flames spewing from the bonnet.

The crash follows recent deadly car-ramming attacks in London, Berlin and the French city of Nice.

The FBI is investigating the incident at the Midtown Manhattan tourist venue, but so far officials say there is no terror link.
NYPD said the suspect, Richard Rojas, is a Bronx resident who was arrested in 2008 and 2015 for drunk driving.

Scenes of chaos - Nada Tawfik, BBC News, New York
It's a scene that immediately makes New Yorkers fear the worst.
A car driving out of control and ploughing into pedestrians in Times Square, the main tourist site of all places. Eyewitnesses have described scenes of initial chaos - people running and screaming.
It's doesn't sound like an accident given the deadly, and similar incidents overseas committed by alleged Islamic State group sympathisers. But the New York police department believes this is not terror related.
Still, they are reinforcing key sites in New York out of an abundance of caution, and more likely, to reassure New Yorkers.

"It is believed to be an isolated incident, it remains under investigation," the New York Police Department said on Twitter.
City authorities said they would nevertheless deploy extra police from anti-terror units to key locations around the city as a precaution.
The vehicle jumped the kerb at 45th Street and Broadway at 1155 local time (1655 GMT) and drove at high speed before crashing into a pole.

Witness Annie Donahey, 24, told the New York Times: "It was going at a fast rate of speed and to me it looked it was trying to hit as many people as possible.
"People were trying to jump out of the way."

Photos from the scene showed casualties strewn across the walkway.
One person was covered with a white cloth.
Among those hurt, four were in critical condition and three sustained serious injuries, according to the fire department.
The department said 15 other victims suffered less serious injuries.

Police said an 18-year-old woman died and her 13-year-old sister was among the injured.
"People were being hit and rolling off the car," said witness Josh Duboff, who jumped out of the way to avoid being struck.
Twitter user Michael Rickerby wrote: "just witnessed a car running people over in times square. scariest moment of my life. what is wrong with some people?!"

New York Governor Andrew Cuomo said in a statement the event was "nothing short of horrific".
White House Press Secretary Sean Spicer said President Donald Trump had been informed about the incident.

Times Square was the target of an attempted attack in May 2010 when a Pakistani immigrant planted a car bomb at an intersection.
The device failed to detonate and he was arrested shortly after boarding a flight to the Middle East.



I'm hoping the dude was just drunk, and this wasn't deliberate. Not that that makes it any better.

Frazzled wrote:We also have a border where I can purchase a full auto Chavez supplied AK, some grenades, a kilo of cocaine, and a human slave all in one shopping trip.
Texas, so close to Mexico, so far from God.

 
   
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The Dog-house

Drunk driving in the middle of the day? I think there is a different motive.

H.B.M.C.- The end hath come! From now on armies will only consist of Astorath, Land Speeder Storms and Soul Grinders!
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On moon miranda.

 Tactical_Spam wrote:
Drunk driving in the middle of the day? I think there is a different motive.
never underestimate the power of booze, or some people's ability to make poor life choices



IRON WITHIN, IRON WITHOUT.

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This and this and especially this is why we avoid the Reddit warhammer board.
 
   
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Welcoming refugees from Dumbfethistan

How are they ruling out terrorism, I wonder?

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 feeder wrote:
How are they ruling out terrorism, I wonder?


I heard on the radio that the driver had a history of DUIs.

   
Made in us
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The 18 year old victim is a patron at the library I work at.
http://wwmt.com/news/local/breaking-times-square-crash-victim-from-portage
Spoiler:
NEW YORK (AP/NEWSCHANNEL 3) -- Police say an 18 year old killed when a wrong way driver crashed onto a Times Square sidewalk is from West Michigan. The victim has been identified as Alyssa Elsman from Portage. We're told she was visiting New York City with her family when a man who appeared intoxicated plowed into pedestrians on the sidewalk Thursday. Police say 22 other people were injured, including Alyssa's 13-year-old sister, Ava. The driver was taken into custody and being tested for alcohol. Alyssa is a 2016 graduate of Portage Central High School. We're told her sister is a middle school student in Portage Schools. The district tells us grief counselors will be on hand at school Friday.
Pandemonium erupted when the vehicle barreled through the prime tourist location and came to rest with two of its wheels in the air. The car leaned on a lamppost and steel barriers intended to block vehicles from getting onto the sidewalk.
"He's just mowing down people," said Asa Lowe, of Brooklyn, who was standing outside a store when he heard screaming. "He didn't stop. He just kept going."
The crash happened midday on a hot, clear day that brought large crowds of people into the streets to enjoy the good weather. Video posted online showed steam or smoke pouring from the car for a few moments after it stopped moving.
After the car struck a barricade and stopped, the driver climbed out of his vehicle, Lowe said.
"He just started running until people tackled him down," Lowe said. "Citizens just reacted."
The driver, a 26-year-old Navy veteran named Richard Rojas, was taken into custody and was undergoing tests for alcohol and drugs, Police Commissioner James O'Neill said. Rojas had been arrested at least twice previously for driving while intoxicated, once in 2008 and once in 2015, police said. He was in custody, and it wasn't clear if he had an attorney yet who could comment on his behalf.
The crash killed an 18-year-old woman and the injured included her 13-year-old sister, police said.
Police do not suspect a link to terrorism, but the vehicle was checked by the bomb squad and certain city landmarks were getting a beefed up police presence.
"Out of an abundance of caution," Mayor Bill de Blasio added.
Police said Rojas made a quick U-turn onto 42nd Street and then drove up the sidewalk for three blocks, passing tourist draws like the Hard Rock Cafe and the Bubba Gump Shrimp Company restaurant and mowing people down before slamming into a pole. He was combative with officers who handcuffed him, authorities said.
Bruno Carvalho, a student at SUNY Albany, said the car approached quickly and passed him on the sidewalk.
"People just got stunned," he said. "I don't think there was actually time for screaming."
He said he saw about five people who looked gravely injured -- "people, really bad, in front of us."
Tourists Patrick and Kelly Graves of Sheboygan, Wisconsin, were waiting to get on a tour bus when they heard the crash.
Kelly Graves said she feared the worst, maybe a bomb, as "chaos" erupted and people began running.
People rushed to help the injured, who were lying on the sidewalk.
The White House said President Donald Trump was informed of the situation in Times Square and would continue to be briefed as it unfolded.
The sidewalks in many parts of Times Square and surrounding blocks are lined with metal posts designed to prevent cars from getting onto the sidewalks and other public areas.
That network of barricades, though, is far from a complete defense. There are many areas where vehicles could be driven onto packed sidewalks or public plazas.
Times Square also has a heavy police presence at all hours of the day and night.
------
Associated Press writers Libby Quaid in Washington and Jennifer Peltz and Jake Pearson in New York contributed to this report.

This message was edited 2 times. Last update was at 2017/05/18 21:11:00



 
   
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The Dog-house

 jasper76 wrote:
 feeder wrote:
How are they ruling out terrorism, I wonder?


I heard on the radio that the driver had a history of DUIs.



And it says he had a record in the article... but the article also spells curb as "kerb"

H.B.M.C.- The end hath come! From now on armies will only consist of Astorath, Land Speeder Storms and Soul Grinders!
War Kitten- Vanden, you just taunted the Dank Lord Ezra. Prepare for seven years of fighting reality...
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Neronoxx- If our Dreadnought doesn't have sick scuplted abs, we riot.
Frazzled- I don't generally call anyone by a term other than "sir" "maam" "youn g lady" "young man" or " HEY bag!"
Ruin- It's official, we've ran out of things to talk about on Dakka. Close the site. We're done.
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Southampton, UK

Kerb is the British English spelling
   
Made in gb
Drakhun





My parents are in New York and actually saw this happen from the other side of the road.


If they were driving on the right (left) side of the road, my parents would have probably been injured.

DS:90-S+G+++M++B-IPw40k03+D+A++/fWD-R++T(T)DM+
Warmachine MKIII record 39W/0D/6L
 
   
Made in fi
Longtime Dakkanaut





Seems the guy is now charged in murder. Is murder charge same in US as in Finland ie premeditated? In which case this wouldn't seem to be just drunken driving.

Of course maybe in US murder charge can be applied without premeditation.

”Buddhism doesn't tell you what is false and what is true but it encourages you to find out for yourself.” ~ Chogyam Trungpa ~ 
   
Made in us
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CL VI Store in Braggistan

Video of the incident is horrific, looks very intentional.

Every time a terrorist dies a Paratrooper gets his wings. 
   
Made in us
The Conquerer






Waiting for my shill money from Spiral Arm Studios

tneva82 wrote:
Seems the guy is now charged in murder. Is murder charge same in US as in Finland ie premeditatdrunk and n which case this wouldn't seem to be just drunken driving.

Of course maybe in US murder charge can be applied without premeditation.


There are multiple types of murder, not just premeditated.

Manslaughter is the lowest form. Accidental or negligent cause of death.

2nd degree is deliberate or willful act of murder without premeditation. Killing someone in the heat of passion or rage, or being drunk and causing a motor vehicle accident as a result.

1st degree is planning ahead of time to go out and kill someone. This is the only level where premeditation is needed. You can also get this level if you plan a criminal act(robbery, kidnapping, etc...) and during that act someone is killed. Preplanning of an event that causes someone's death is basically the bar here.

Basically we distinguish between planning to go kill someone(1st degree), killing someone deliberately on a snap decision or through gross negligence(2nd), and accidental or negligent death. This can vary depending on location of the charges.

Killing someone as a result of drunk driving can potentially get you 2nd degree charges. Though it can also be manslaughter depending on how confidant the DA is feeling.

Assuming this guy's history of drunk driving is correct, he could be looking at 2nd degree. Especially when you also consider the several dozen assault charges he is also facing.

This message was edited 1 time. Last update was at 2017/05/19 18:55:58


Self-proclaimed evil Cat-person. Dues Ex Felines

Cato Sicarius, after force feeding Captain Ventris a copy of the Codex Astartes for having the audacity to play Deathwatch, chokes to death on his own D-baggery after finding Calgar assembling his new Eldar army.

MURICA!!! IN SPESS!!! 
   
Made in us
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 CptJake wrote:
Video of the incident is horrific, looks very intentional.


Apparently he stated he wanted to try and kill as many as he could.

Healing surges are for fools. Fools and liberals.

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Fort Campbell

 Ahtman wrote:
 CptJake wrote:
Video of the incident is horrific, looks very intentional.


Apparently he stated he wanted to try and kill as many as he could.


And also wanted the cops to kill him.

Sounds like another failure of our mental health system.

1st Legion Dark Angles

Eldar Craftworld Eth-Kariel
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The Dog-house

 djones520 wrote:
 Ahtman wrote:
 CptJake wrote:
Video of the incident is horrific, looks very intentional.


Apparently he stated he wanted to try and kill as many as he could.


And also wanted the cops to kill him.

Sounds like another failure of our mental health system.


It's only a failure if they knew about it and did nothing.

H.B.M.C.- The end hath come! From now on armies will only consist of Astorath, Land Speeder Storms and Soul Grinders!
War Kitten- Vanden, you just taunted the Dank Lord Ezra. Prepare for seven years of fighting reality...
koooaei- Emperor: I envy your nipplehorns. <Magnus goes red. Permanently>
Neronoxx- If our Dreadnought doesn't have sick scuplted abs, we riot.
Frazzled- I don't generally call anyone by a term other than "sir" "maam" "youn g lady" "young man" or " HEY bag!"
Ruin- It's official, we've ran out of things to talk about on Dakka. Close the site. We're done.
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Made in au
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 Tactical_Spam wrote:
 djones520 wrote:
 Ahtman wrote:
 CptJake wrote:
Video of the incident is horrific, looks very intentional.


Apparently he stated he wanted to try and kill as many as he could.


And also wanted the cops to kill him.

Sounds like another failure of our mental health system.


It's only a failure if they knew about it and did nothing.
Or not knowing could be part of the failure.
   
Made in us
[DCM]
Banelord Titan Princeps of Khorne






The Dog-house

AllSeeingSkink wrote:
 Tactical_Spam wrote:
 djones520 wrote:
 Ahtman wrote:
 CptJake wrote:
Video of the incident is horrific, looks very intentional.


Apparently he stated he wanted to try and kill as many as he could.


And also wanted the cops to kill him.

Sounds like another failure of our mental health system.


It's only a failure if they knew about it and did nothing.
Or not knowing could be part of the failure.


Are we really going to hold an institution accountable for the actions of an individual that probably wasn't looking for help?

H.B.M.C.- The end hath come! From now on armies will only consist of Astorath, Land Speeder Storms and Soul Grinders!
War Kitten- Vanden, you just taunted the Dank Lord Ezra. Prepare for seven years of fighting reality...
koooaei- Emperor: I envy your nipplehorns. <Magnus goes red. Permanently>
Neronoxx- If our Dreadnought doesn't have sick scuplted abs, we riot.
Frazzled- I don't generally call anyone by a term other than "sir" "maam" "youn g lady" "young man" or " HEY bag!"
Ruin- It's official, we've ran out of things to talk about on Dakka. Close the site. We're done.
mrhappyface- "They're more what you'd call guidlines than actual rules" - Captain Roboute Barbosa
 
   
Made in au
Long-Toothed Great Company Wolf Lord





 Tactical_Spam wrote:
Are we really going to hold an institution accountable for the actions of an individual that probably wasn't looking for help?
I'm not as familiar with the US mental health system, but I think in general people not wanting to seek help is part of the problem. Obviously you can't help people who don't want to be helped, but if the system is such that people who possibly do want help don't seek it through the mental health system in the first place, don't you think that's a bit of a flaw?

This message was edited 1 time. Last update was at 2017/05/20 02:54:33


 
   
Made in us
The Conquerer






Waiting for my shill money from Spiral Arm Studios

AllSeeingSkink wrote:
 Tactical_Spam wrote:
Are we really going to hold an institution accountable for the actions of an individual that probably wasn't looking for help?
I'm not as familiar with the US mental health system, but I think in general people not wanting to seek help is part of the problem. Obviously you can't help people who don't want to be helped, but if the system is such that people who possibly do want help don't seek it through the mental health system in the first place, don't you think that's a bit of a flaw?


The issue is you can't treat a problem nobody, including the unstable individual, knows nothing about. People in need of mental help by definition are not thinking rationally, thus they are unlikely to come to the conclusion that they need help. And we can't exactly require everybody to undergo forced mental evaluations on a regular basis.

Mental issues are, by their very nature, not something you can detect till the person shows signs. At which point it may be too late to prevent them from causing harm to themselves or others.

Self-proclaimed evil Cat-person. Dues Ex Felines

Cato Sicarius, after force feeding Captain Ventris a copy of the Codex Astartes for having the audacity to play Deathwatch, chokes to death on his own D-baggery after finding Calgar assembling his new Eldar army.

MURICA!!! IN SPESS!!! 
   
Made in au
Long-Toothed Great Company Wolf Lord





 Grey Templar wrote:
AllSeeingSkink wrote:
 Tactical_Spam wrote:
Are we really going to hold an institution accountable for the actions of an individual that probably wasn't looking for help?
I'm not as familiar with the US mental health system, but I think in general people not wanting to seek help is part of the problem. Obviously you can't help people who don't want to be helped, but if the system is such that people who possibly do want help don't seek it through the mental health system in the first place, don't you think that's a bit of a flaw?


The issue is you can't treat a problem nobody, including the unstable individual, knows nothing about. People in need of mental help by definition are not thinking rationally, thus they are unlikely to come to the conclusion that they need help. And we can't exactly require everybody to undergo forced mental evaluations on a regular basis.

Mental issues are, by their very nature, not something you can detect till the person shows signs. At which point it may be too late to prevent them from causing harm to themselves or others.
I don't disagree with any of that.

To me it seems equally crazy to blame a mentally ill person for not getting help as it does to blame the mental health system for them not getting help.

I don't know what's possible, but we managed to convince society that going to the dentist regularly is a good idea, we haven't managed to convince people going to a mental health professional is a good idea *at all* let alone regularly.

I'd suggest there's swathes of people out there with mental health issues that know they have mental health issues and do want help but still don't want to go see a shrink about it because they don't think there'll be a net benefit for doing so.
   
Made in fi
Longtime Dakkanaut





 Grey Templar wrote:
tneva82 wrote:
Seems the guy is now charged in murder. Is murder charge same in US as in Finland ie premeditatdrunk and n which case this wouldn't seem to be just drunken driving.

Of course maybe in US murder charge can be applied without premeditation.


There are multiple types of murder, not just premeditated.

Manslaughter is the lowest form. Accidental or negligent cause of death.


Interesting. In Finland you do not get charged for murder just by killing somebody(there's obviously other charges for other type of killings). Here killing is only murder if it's premeditated.

Just for example from todays news article I read how women was sentenced for other level of killing but not murder after killing her boyfriend with chainsaw(which aparantely was there due to recent renowation) while he was tied up and blindfolded. While she being guilty was in no doubt prosecutor could not prove she had premeditated the act and it wasn't just on the spot decision. Therefore she wasn't found guilty of murder(guilty of killing yes for which she got 12.5 year sentence).

One learns every day. Guess one can't even trust term "murder" to mean same thing everywhere!

This message was edited 1 time. Last update was at 2017/05/20 14:44:23


”Buddhism doesn't tell you what is false and what is true but it encourages you to find out for yourself.” ~ Chogyam Trungpa ~ 
   
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Jersey St Helier

Bring on driverless cars.
   
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tneva82 wrote:
One learns every day. Guess one can't even trust term "murder" to mean same thing everywhere!
Have you never watched any American TV or movies to have heard about the different degrees of murder?

https://en.wikipedia.org/wiki/Murder_(United_States_law)

States have adopted several different schemes for classifying murders by degree. The most common separates murder into two degrees, and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder.

- First-degree murder: any intentional murder that is willful and premeditated with malice aforethought. Felony murder is typically first-degree.[12]

- Second-degree murder: any intentional murder with malice aforethought, but is not premeditated or planned.[13]

- Voluntary manslaughter: (also referred to as third-degree murder), sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[14]

- Involuntary manslaughter: (sometimes referred to as fourth-degree murder), a killing that stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter (see also vehicular homicide, causing death by dangerous driving, gross negligence manslaughter and causing death by criminal negligence for international equivalents). Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional", because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.[15]

This message was edited 1 time. Last update was at 2017/05/20 14:45:16


 
   
Made in us
The Conquerer






Waiting for my shill money from Spiral Arm Studios

tneva82 wrote:
 Grey Templar wrote:
tneva82 wrote:
Seems the guy is now charged in murder. Is murder charge same in US as in Finland ie premeditatdrunk and n which case this wouldn't seem to be just drunken driving.

Of course maybe in US murder charge can be applied without premeditation.


There are multiple types of murder, not just premeditated.

Manslaughter is the lowest form. Accidental or negligent cause of death.


Interesting. In Finland you do not get charged for murder just by killing somebody(there's obviously other charges for other type of killings). Here killing is only murder if it's premeditated.

Just for example from todays news article I read how women was sentenced for other level of killing but not murder after killing her boyfriend with chainsaw(which aparantely was there due to recent renowation) while he was tied up and blindfolded. While she being guilty was in no doubt prosecutor could not prove she had premeditated the act and it wasn't just on the spot decision. Therefore she wasn't found guilty of murder(guilty of killing yes for which she got 12.5 year sentence).

One learns every day. Guess one can't even trust term "murder" to mean same thing everywhere!


You see, in the States that would have been an easy charge of 2nd degree murder. That's why we have levels of homicide. Because there are different levels of guilt as far as the law is concerned.


There are a total of 4 levels regarding the non-justified killing of another human. https://en.wikipedia.org/wiki/Murder_(United_States_law)
First-degree murder: any intentional murder that is willful and premeditated with malice aforethought. Felony murder is typically first-degree.[12]

Second-degree murder: any intentional murder with malice aforethought, but is not premeditated or planned.[13]

Voluntary manslaughter: (also referred to as third-degree murder), sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[14]

Involuntary manslaughter: (sometimes referred to as fourth-degree murder), a killing that stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter (see also vehicular homicide, causing death by dangerous driving, gross negligence manslaughter and causing death by criminal negligence for international equivalents). Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional", because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.[15]


The specific circumstances of the crime can result in the charges being upgraded or downgraded.

Like for example, driving your car into a crowd while drunk would normally be Involuntary manslaughter. But in extreme cases, like this one for instance, it can potentially be proven that there was some sort of malice and intention, made worse by intoxication, which could up a normally involuntary manslaughter charge up to 2nd degree murder.

If the guy had simply lost control of his vehicle due to being drunk and run into the crowd, the charge would only warrant Involuntary manslaughter. But being drunk, and while under the influence deliberately driving into the crowd with intent to cause harm will result in more serious charges.

Self-proclaimed evil Cat-person. Dues Ex Felines

Cato Sicarius, after force feeding Captain Ventris a copy of the Codex Astartes for having the audacity to play Deathwatch, chokes to death on his own D-baggery after finding Calgar assembling his new Eldar army.

MURICA!!! IN SPESS!!! 
   
Made in fi
Longtime Dakkanaut





Oh in finland there is also different level of killing charges plus are they particularly cruel etc which adds up to verdict so different level of murders do exists. Just that we have different term for non premeditative killing that gives somewhat less punishment.

Interesting. Made me think of how it differs per country. Seems french is closer to us than finland.

Thanks)

”Buddhism doesn't tell you what is false and what is true but it encourages you to find out for yourself.” ~ Chogyam Trungpa ~ 
   
Made in us
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North Carolina

 Grey Templar wrote:
tneva82 wrote:
 Grey Templar wrote:
tneva82 wrote:
Seems the guy is now charged in murder. Is murder charge same in US as in Finland ie premeditatdrunk and n which case this wouldn't seem to be just drunken driving.

Of course maybe in US murder charge can be applied without premeditation.


There are multiple types of murder, not just premeditated.

Manslaughter is the lowest form. Accidental or negligent cause of death.


Interesting. In Finland you do not get charged for murder just by killing somebody(there's obviously other charges for other type of killings). Here killing is only murder if it's premeditated.

Just for example from todays news article I read how women was sentenced for other level of killing but not murder after killing her boyfriend with chainsaw(which aparantely was there due to recent renowation) while he was tied up and blindfolded. While she being guilty was in no doubt prosecutor could not prove she had premeditated the act and it wasn't just on the spot decision. Therefore she wasn't found guilty of murder(guilty of killing yes for which she got 12.5 year sentence).

One learns every day. Guess one can't even trust term "murder" to mean same thing everywhere!


You see, in the States that would have been an easy charge of 2nd degree murder. That's why we have levels of homicide. Because there are different levels of guilt as far as the law is concerned.


There are a total of 4 levels regarding the non-justified killing of another human. https://en.wikipedia.org/wiki/Murder_(United_States_law)
First-degree murder: any intentional murder that is willful and premeditated with malice aforethought. Felony murder is typically first-degree.[12]

Second-degree murder: any intentional murder with malice aforethought, but is not premeditated or planned.[13]

Voluntary manslaughter: (also referred to as third-degree murder), sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[14]

Involuntary manslaughter: (sometimes referred to as fourth-degree murder), a killing that stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter (see also vehicular homicide, causing death by dangerous driving, gross negligence manslaughter and causing death by criminal negligence for international equivalents). Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional", because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.[15]


The specific circumstances of the crime can result in the charges being upgraded or downgraded.

Like for example, driving your car into a crowd while drunk would normally be Involuntary manslaughter. But in extreme cases, like this one for instance, it can potentially be proven that there was some sort of malice and intention, made worse by intoxication, which could up a normally involuntary manslaughter charge up to 2nd degree murder.

If the guy had simply lost control of his vehicle due to being drunk and run into the crowd, the charge would only warrant Involuntary manslaughter. But being drunk, and while under the influence deliberately driving into the crowd with intent to cause harm will result in more serious charges.






Of course, that isn't uniform across all jurisdictions. To use a couple of examples, some jurisdictions make no distinction between second degree murder or voluntary manslaughter. Thus, may only have one or another on the books. In other jurisdictions, killing while driving under the influence will get you felony time for either second degree murder or voluntary manslaughter. In others, malice aforethought still enough to get a capital murder charge slapped against you, which is what first degree murder is considered in places that still have the death penalty.

It depends on the State you live in.
   
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tneva82 wrote:
Seems the guy is now charged in murder. Is murder charge same in US as in Finland ie premeditated? In which case this wouldn't seem to be just drunken driving.

Of course maybe in US murder charge can be applied without premeditation.


I think they would have made it homocide if it were not considered premeditated, but I'm not 100% on that.
   
 
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