So, what do you guys think about this news story?

[VidGameFreak]

http://www.timesdispatch.com/servlet/Satellite?pagename=RTD/MGArticle/RTD_BasicArticle&c=MGArticle&cid=1137833607005

Personally, i dont know what to think. I mean, it was a stupid prank, and very dangerous, but people do stupid things. I guess since he is only getting a maximum of 10 years in jail for homicide, hes kinda lucky. But he did kill a woman, so what do you guys think, is it fair, too lenient, or too harsh?

[Kommercial]

It was a joke, that turned fatal. He wasn't attempting to kill her. I think the maximum term is a little much, but I would like to see what he does get.

[VidGameFreak]

Yeah, he was warned though. I think he'll be charged with unattempted murder or something along the lines of that.

[anothermoron]

Wow, an EMT who doesn't know defribrilators can kill people. People that stupid aren't safe.

[svenson_26]

How stoopid do you have to be?

what a fool

[Comico]

What Fucking proof do you have that it was an accident?

O lemme guess, its his FAMILY saying how nice and kind he is.

Fuck this shit, I don't see any evidence saying it was a silly little prank, he fucking said "Don't touch me with that" and he waited a short time and then touched her with the defibulators, he's a EMT, he knows they are dangerous, I'm not an EMT and I fucking know theyre dangerous, I can't believe I'm actually getting pissed, but I think this is the stupidest shit I have heard in awhile.

His mother saying "He's so nice!" does not prove it was an accident, and even so, he knew that defibulators are dangerous, he knew she said stop, but he did it anyways.

[aero1310]

What an idiot, wonder if she had Federated Mutual Insurance?

[Its Not A Tumaa]

I think he should get Life, personally.

[LegendaryLink]

I believe when you're in a serious job with life or death saving equipment, you don't have room to fuck around. Especially when you're playing around with a device that sends volts of electricity through the body.

[one-way]

I guess he dident watch that It only takes a second video, Silly they forgot to put that in...

Everybody plays on the job, even cops. But with this one, it caught up. He's going to pay for it for the rest of his life."

Cops play on the job? Hmm..

"hey come over hear sargent" BAM three hits to the face with the nightstick, ahh I love playing at work

[keith134]

Defibrillators are used to restore heartbeats, but they can also stop a heart. Martin, though an EMT, was not yet qualified to use the defibrillator and had been told it is not something to play with, Bush said.

Rhoton was in the front passenger seat of the ambulance, and driver Michael Coleman was heading south on U.S. 19 in Lebanon when Coleman heard Rhoton tell Martin not to touch her "with that," Bush said. Coleman looked back to see Martin putting the paddles away.

But shortly afterward, Bush said, Coleman heard the "sound of a shock" and heard Rhoton yell: "Oh my God, Mike, he shocked me!" Seconds later she stiffened and then went limp. Coleman frantically tried to hold her slumping body up while driving and calling the private ambulance company's office.


Doesnt matter if he didnt mean to kill her, he was told repeatedly not to mess with it. If he's really that irresponsible he should never have become an EMT in the first place. To every action there is always a consequence; I'm sure 10 years will never make up for the family's loss of the victim.

[FonsecaWalls]

I thought it was kinda harsh. But after reading the post above me, I think it was fair. He shouldn't be messing around with those things, it doesn't take a genious to know you shouldn't shock your co-worker with electricity

[Refuse]

She went into cardiac arrest seconds after Martin placed the paddles on her chest and shoulder. Three days later, on June 4, she died........But shortly afterward, Bush said, Coleman heard the "sound of a shock" and heard Rhoton yell: "Oh my God, Mike, he shocked me!" Seconds later she stiffened and then went limp


Does this sound suspicous to anyone else?
A guy is trying to put a defibrillator on a persons chest and shoulder and they just don't happen to notice until he pushes the button? All Coleman heard was a "shock" and then Rhoton yelling "he shocked me..etc."

Why didn't he hear, "No, I told you to put those back and not to shock me!!" or "Damn it, I told you not to! You do know those things can also kill a person, right?"

I don't know, things don't seem to add up, imo.


As for Attempted Murder? Negative... you'd have to prove Mens Rea, that he intended to kill her. I personally think, for 2nd Degree Manslaughter (which is exactly what this is until otherwise proven), he got what he deserved. The maximum, but he'll probably get out sooner.

[purpzey]

http://www.timesdispatch.com/servlet/Satellite?pagename=RTD/MGArticle/RTD_BasicArticle&c=MGArticle&cid=1137833607005

Personally, i dont know what to think. I mean, it was a stupid prank, and very dangerous, but people do stupid things. I guess since he is only getting a maximum of 10 years in jail for homicide, hes kinda lucky. But he did kill a woman, so what do you guys think, is it fair, too lenient, or too harsh?

Ok here's the thing...On TV and stuff when they yell "CLEAR!" it's for a reason. Those paddles have a fuckload of volts in them. My roommate is an EMT and medical student, he has told me on several occasions that people have died (nurses what have you) b/c they were making contact with the bed.

This guy is a total fucking idiot. As far as I'm concerned he should be charged with 2nd degree murder. (US Law) I beleive this means he committed a murder (i.e. killed someone) without any forethough.

Side note: Anyone ever notice that when someone does something stupid usually a kid or teen there's always someone to comment "He was a good kid" "He really was a good kid" (see last line of article)

EDIT:
Also, I'd like to know who trained this moron...b/c in reference to what refuse says about Mens Rea (which I beleive is correct) if he knew it could happen they can prove intent....And if they didn't warn him that these things were dangerous than whoever trained him to be an EMT is negligent(legally or not).....This really is unbelievable to me.

[Refuse]

This guy is a total fucking idiot. As far as I'm concerned he should be charged with 2nd degree murder. (US Law) I beleive this means he committed a murder (i.e. killed someone) without any forethough.

Close, real close.
2nd degree is almost identicial to 1st degree except it's pretty much up to the discretion of the prosecution and depends on the severity of the crime...technically. In both they must prove there was "malice aforethought" and premeditation.


EDIT:
Also, I'd like to know who trained this moron...b/c in reference to what refuse says about Mens Rea (which I beleive is correct) if he knew it could happen they can prove intent....And if they didn't warn him that these things were dangerous than whoever trained him to be an EMT is negligent(legally or not).....This really is unbelievable to me.

Close again...you should go into law, you might like it. ( I mean that seriously, not being a smart ass.)
Mens Rea, meaning "guilty mind", is basically intent. If he intended to kill her, not if he knew it "might" happen.

Example:
College kids steal a stop sign because they think it would look cool in their dorm.

They know in the back of their mind that it could cause a major accident (Unless they're really that stupid), but without being able to prove they stole the sign specifically to cause an accident, it's manslaughter. If you can't prove they intentionally did what they did to cause the death of another human being, you don't have a case for murder.

[bl4h]

he deserves it. WHat fucknut would hit someone with electric paddles. He deserves the death penalty. His stupidity is a threat!

[VidGameFreak]

Hmm, all these posts are making me think he should of gotten a higher sentence.

[Slug Moses]

What's the big deal? So he was playing "shock the monkey" in the ambulance. What else is there to do in a boring ambulance? I've been shocked countless times with those lame little paddles, in fact that's how my mom would wake me up for school when I was just a wee lad. :D

[Refuse]

Hmm, all these posts are making me think he should of gotten a higher sentence.


10 years is the maximum jail time for Manslaughter.
Thanks for reading....oh wait, nevermind.

[SigPro]

This is the legal definition of manslaughter, which I copied from a website. I cannot attest to the reliability of this site, but after reading it through, I can be fairly comfortable with stating that it holds true to what I was taught in the police academy. The following is a direct quote from the website listed below....

----- MANSLAUGHTER ----------
MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.

It also differs from murder in this, that there can be no accessaries before the fact, there having been no time for premeditation. Manslaugbter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act.

The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.

The provocation which reduces the killing from murder to manslaughter is an answer to the presumption of malice which the law raises in every case of homicide; it is therefore no answer when express malice is proved and to be available the provocation must have been reasonable and recent, for no words or slight provocation will be sufficient, and if the party has had time to cool, malice will be inferred.

In cases of mutual combat, it is generally manslaughter only when one of the parties is killed. When death ensues from duelling the rule is different, and such killing is murder.

The killing of an officer by resistance to him while acting under lawful authority is murder; but if the officer be acting under a void or illegal authority, or out of his jurisdiction, the killing is manslaughter, or excusable homicide, according to the circumstances of the case.

Killing a person while doing an act of mere wantonness, is manslaughter as, if a person throws down stones in a coal-pit, by which a man is killed, although the offender was only a trespasser.

When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death has been occasioned by negligent driving. Again, when death ensues, from the gross negligence of a medical or surgical practitioner, it is manslaughter.
--------------------------
From: http://www.lectlaw.com/def2/m013.htm

Now, based on that definition alone (which may or may not vary from state to state or country to country) and on what I've gathered from that article (which I accept could be inaccurate or not revealing other parts of the story) I'd have to say that the charge and sentence are both very fair.

:) Just my .02

[VidGameFreak]

10 years is the maximum jail time for Manslaughter.
Thanks for reading....oh wait, nevermind.

Thanks for posting an intelligent comment and thinking i give a shit...oh wait, nevermind.

[zamphir66]

Probably a high-school dropout. That's what all the EMTs around here are.

[Refuse]

Thanks for posting an intelligent comment and thinking i give a shit...



You're welcome...

[revan685]

MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

Malice - Desire to cause pain, injury, or distress to another.

Premeditated - Characterized by deliberate purpose, previous consideration, and some degree of planning.

----------------------------

Using the above definitions, you can see it is murder, not manslaughter. If he accidently charged the pads, put them against her, and discharged them, it would be manslaughter. He meant to do it and, with his medical training, he knew it would be cause 'pain, injury, or distress'. There are 3 degrees of murder. First degree is planning to kill while commiting another crime to the victim. Second degree is with planning and malice, but no other crime. Third degree is 'spur of the moment' murder, without planning.

Now, we know he knew it would cause harm. Since the victim had told him not to play with the pads before, we know he had planned to use them on her. So, he should be guilty of second degree murder, not involuntary manslaughter. Since the victim's death not only affected her, but that of her kids as well, I believe he should get the maximum sentence of 15 years for second degree murder.

We all know that definitions hold very little sway in the messed-up system that is the US justice system. When they are used, they are not concrete and can be molded to fit anyone's interpritation. The above is my interpritation and opinion. If you don't like it... go sit on an upright dildo.

[Refuse]

Using the above definitions, you can see it is murder, not manslaughter. If he accidently charged the pads, put them against her, and discharged them, it would be manslaughter. He meant to do it and, with his medical training, he knew it would be cause 'pain, injury, or distress'.

First, the article stated he had not recieved training in the equipment...
Secondly, you have to prove he meant to kill her, not hurt her. It's called Mens Rea, latin for "Guilty Mind." Basically one of the two variables need to prove culpability. Trying to "shake her up a little" isn't anywhere near trying to "kill her."


There are 3 degrees of murder. First degree is planning to kill while commiting another crime to the victim. Second degree is with planning and malice, but no other crime. Third degree is 'spur of the moment' murder, without planning.


There are far more factors involved when it comes to the various degree's of murder...more than one little paragraph can explain. I love how people go and grab the definition of legal terms from Dictionary.com and then act like they know what they're talking about.


*Edit.
This is what happens when you think the the law and definitions there of, are up for interpretation to anyone....goof. The way you'd have it, any boxer that accidently killed his opponent, should get Murder2.