First Degree Murder...WHAT! How is this first degree Murder? - Racism in America! - timec's Blog - Bakersfield.com

May 2, 2008 at 07:05 AM : OB How is this first...

How is this first degree murder? Is Kern County doing too much with this charge?

I think the first degree murder charge is a bit excessive. Come on Kern County please don't allow this to be another Sons case. Charge him with the appropriate charge, convict him, end of story.

May 2, 2008 at 08:05 AM : Murder: First Degree ...

Murder: First Degree

In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.

For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him.

Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, and robbery.

For example, Dan and Connie rob Victor's liquor store, but as they are fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death.

http://criminal.findlaw.com/crimes/a-z/murder_first_degree.html

May 2, 2008 at 08:05 AM : I thought it was crazy...

I thought it was crazy too. Since, it wasn't intended, the most he'd be charged was manslaughter. Maybe they know something we don't know.

May 2, 2008 at 08:05 AM : I don't see a 1st...

I don't see a 1st for this. Manslaughter for sure.

May 2, 2008 at 08:05 AM : Typically, all...

Typically, all homicide cases are charged with first degree murder and it's up to a jury or the attorneys in a plea bargain to decide otherwise.

May 2, 2008 at 08:05 AM : Reed was...

Reed was only arrested yesterday. I doubt his case file has even been seen by anyone in the D.A.'s office yet, and they are the one to file the charge. Why don't we just wait to see what gets filed, instead of thinking a reporter or headline writer knows everything about this case, let alone the law.

Steve, I don't believe all homicide cases are automatically charged as first degree murder. I know at least one DDA who would only charge a murder at what it really was; not over-charge and work his way down the "degree ladder."

May 2, 2008 at 08:05 AM : I just don't want...

I just don't want him to get away with murder...haha...due to KC justice..

May 2, 2008 at 08:05 AM : He is in jail for 1st...

He is in jail for 1st degree murder...with no bail. The DA had to have some input in this.

May 2, 2008 at 08:05 AM : Well, boo hoo! He is...

Well, boo hoo! He is where he needs to be and needs to be put away for LIFE! Seems with all his supporters on the other blogs(hahaha) he has plenty of friends to write him and send money for commissary.

May 2, 2008 at 08:05 AM : He will definitely get...

He will definitely get letters ....I just don't know if he will be able to read them....lol

May 2, 2008 at 08:05 AM : Good one Timec!!

Good one Timec!!

May 2, 2008 at 08:05 AM : I agree with Steve...

I agree with Steve Swenson. They have to start off with the highest degree of charges and then they'll negotiate something else, probably. If they charged him with manslaughter, then they'd end up negotiate something lower, and I'm sure that's not what the DA wants to have happen.

May 2, 2008 at 09:05 AM : The DA...

The DA most likely has evidence supporting the murder charge.

If the evidence is deemed not strong enough, or new evidence comes to light mitigating Reed's culpability in Johnson's death, the charge could be modified accordingly.

It appears at this time that prosecutors believe the statements of witnesses claiming that Reed's attack was from behind and unprovoked and might also have been premeditated.

It's not a stretch to consider that premeditation could have occurred minutes or perhaps even seconds before the actual attack, when Reed might have decided to initiate the assault against Johnson.

If it is indeed concluded that Reed attacked Johnson from behind, such special circumstances alone could support a murder charge.

If the evidence proves shaky, or witnesses incredible, look for amended charge and/or plea bargain to manslaughter.

May 2, 2008 at 09:05 AM : "due to KC...

"due to KC justice...."

"Justice" and "Kern County" in the same sentence is an oxymoron. Actually, justice in America is hard to come by at all anymore.

May 2, 2008 at 09:05 AM : Someone dies in the...

Someone dies in the commission of a crime, it is murder. A clerk dies in a robbery gone wrong doesn't get the perp off the hook because he didn't intend to kill somebody.

Big difference between mutual combat, like a barroom brawl, and sneaking up on someone and hitting them with a weapon. The intent was to commit bodily harm. A man died from the intentional commission of a crime. Sounds like the definition of murder to me.

May 2, 2008 at 11:05 AM : We all...

We all like to use layman's common sense logic to interpret legal issues, but the law and justice works in sometimes seemingly inexplicable ways that only lawyers and legal experts can understand. And even they are often wrong.

Without full knowledge of all the facts and circumstances of the incident, no one can offer a worthwhile conclusion concerning charges and the possible ramifications of a case.

May 2, 2008 at 01:05 PM : Dear timec the nagger,...

Dear timec the nagger,

The police arrest people based on probable cause of the elements of various crimes they may have committed. They then book them into jail. Most crimes have a bail, with the exception of a very few, like murder. If the person does not bail out, the DA's office has 2 court days to file charges, or the person is released on those charges. The police scramble to get the preliminary reports done and get them to a DA, who will review them and file the appropriate charges, based on the reports. But they can be amended later if necessary.

To answer your question timec, I have not read or heard where the DA's office has charged Reed with first degree murder. Where did you get this information?

Sincerely, Old Blue the Genius.

May 2, 2008 at 01:05 PM : Kern County Jail...

Kern County Jail website...thanks for the info...OBTG

http://www.co.kern.ca.us/sheriff/detentions/display_inmate/inmate_dsp_book_dtl.asp

May 2, 2008 at 01:05 PM : The website you...

The website you provided shows what Reed was booked for, not what the DA's office has charged him with. Unless there is some information in the police reports that Reed made a plan or had the intent to kill the victim before he did so, I would bet the DA will not file 1st degree murder.

May 2, 2008 at 01:05 PM : OB56 --...

OB56 -- That's what I was about to say. Law enforcement has to have some reason to book him, but only the D.A.'s office actually files the charges against a person.

May 2, 2008 at 02:05 PM : Ok let me think about...

Ok let me think about this.....

So basically what you guys are telling me is that ......the BPD will book you in the county jail for a first degree murder charge you did not commit and let you fight your way out. If you are unsuccessful in fighting them off you will end up on death row (VB). If you are successful then you will be charged with manslaughter (the appropriate charge) and get a couple of years and walk. This is a corrupt system....I feel for the person that slips in the grasp of Kern Justice....

May 2, 2008 at 02:05 PM : timec, as usual, you...

timec, as usual, you are wrong. (Man I get tired of saying that).

If the police arrest someone for murder, they are booked into jail for PC 187. There is no bail for that, at that point. The DA then reviews the case reports and charges the appropriate degree, ie: 1st, 2nd, voluntary, ect. Bail may be set after that.

You are starting to let the black vs. Kern County issue cloud your reasoning again. You really need to get over that.

Who knows, you may be called to sit on the jury for Matthew Reed. (God help him if that happens).

May 2, 2008 at 03:05 PM : I just went through a...

I just went through a pretty big court case (i wont get into details) but... they charged the defendant with very high charges, and he was looking at quite some time behind bars for the crimes he did, but a year later into the mess, he walked away with probation.

it really depends on what the situation is, he may have been booked with a 187 but, that's because he techically killed someone, regardless if it was intended or not, he still killed someone. Like OB said, they will book him for a 187 (no bail) and then the DA will determine what the degree of murder it was...

May 5, 2008 at 09:05 AM : Do people only have...

Do people only have time to down someone you dont know . God forbid you punch some and they die unless you know some one maybe you shouldnt jude them and your right Matt has alot of friends that love him and support him but what about his two little boy who he has raisd how do you think they are going to feel about there daddy goint to jail for life all I am saying is you should not judge a personif you dont knoew them or unless you have walked in there shoes

May 5, 2008 at 09:05 AM : lilly, is your...

lilly, is your keyboard broken, or is that just the way you write?

May 5, 2008 at 03:05 PM : timec, I see Reed was...

timec, I see Reed was charged with 2nd degree murder today. That seems appropriate from what we have heard so far.

May 5, 2008 at 04:05 PM : LILY- please re-phrase...

LILY- please re-phrase your second sentence. Change punch to sucker punched and I must agree with OB, your keyboard is either broken or you like run-on sentences and your letter buttons are missing.

May 7, 2008 at 01:05 PM : I will take your...

I will take your word....I just really thought it would have been manslaughter......I will let them do their job on this one....

May 16, 2008 at 02:05 PM : I've read all of...

I've read all of your posts, and I am disappointed at the immaturity and lightness you all have taken in of this issue. I have spent a lot of time with Matt, and if any of you had you wouldn't be so quick to judge. Don't forget that none of you have walked a step in his shoes. What happened was tragedy, but unintentional. I know that Matt never meant to kill. Despite that, I do believe that he will be held accountable. The charges are ridiculous, and Kern County justice isn't justice at all. Hopefully the venue will be moved and he will see a fair trial. For those of you who are so quick to judge, you will be held accountable, too. Yes he has a record, wow he has a past. That's weird. Matt would go without to give to someone in need. He's not a monster. He's a friend who made a mistake and I support him.

May 16, 2008 at 05:05 PM : You are correct...

You are correct easter, I have never walked in his shoes. But then again, I have never been charged with murder.

And there won't be any need for a change of venue. Matt will be offered a plea agreement, and he will take it...