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Old May 24th 05, 07:00 PM
Peter Duniho
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"Gary Drescher" wrote in message
...
Charged with first-degree murder. If your commission of a violent felony
leads to a death that otherwise would not have occurred, you have
committed first-degree murder (in most states), regardless of who fired
the gun.

See http://criminal.findlaw.com/crimes/a...st_degree.html.


Do you have an example in which the person killed was not involved in the
crime?

It is conceivable to me that the law considers an accomplice to be
foreseeably in danger, or that it would differentiate between a lawful
killing and an unlawful killing, but that a different standard would be
applied to the killing of a bystander.

Note also that this example applies only to a very narrow range of
situations, all of which involve criminal activities MUCH more serious that
an airspace violation. It doesn't even apply to all felonies.

In any case, I also don't feel that the two situations are analogous from an
ethical standpoint (though, they may be from the current regulatory
standpoint). That is, in the case of the commission of a crime, even a
robbery, deadly force is generally authorized (just this month, here in
Washington, a couple of guys strangled and killed a would-be unarmed and
unconscious car thief, and the killing was found to be justified), but the
C150 presented no danger that would justify creating a hazard either to the
occupants or those on the ground by firing on it.

Pete