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A visiting judge dismissed a second-degree murder charge against Donna Brinkman in an alcohol-involved traffic death. Just two months before the incident, Brinkman signed an acknowledgment that if she killed someone while driving drunk, she could be charged with second-degree murder. The prosecution used that declaration as part of his justification for second-degree murder charges against her. The judge ruled the declaration was not enough. He said she didn't have a malevolent heart. Her blood alcohol level was .125 percent, which is above the .08 percent presumed to be under the influence. Should that declaration be enough to charge second-degree murder, which carries a term of 15 years to life? Or should there be more egregious behavior to support that charge?   Posted by Steve E. Swenson
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