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extrahandgrenades t1_jd0ck7g wrote

Reply to comment by AntiStatistYouth in DA to seek death penalty against man accused of fatally shooting McKeesport officer by OaSoaD

Premeditation is not required for First Degree Murder of a Law Enforcement Officer.

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AntiStatistYouth t1_jd0d8mc wrote

Ok, I wasn't discussing "First Degree Murder of a Law Enforcement Officer" specifically, just premeditation, but we can discuss the charges as well, if you'd like.

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extrahandgrenades t1_jd0h4qw wrote

There’s really no reason to carry on discussing whether it was premeditated or not since it isn’t a legal requisite for Johnathan Morris’ first degree murder charge. It’s a moot point.

He can use his PTSD as a legal defense, but in order to use PTSD as an affirmative insanity defense he has to prove that he was unable to appreciate the nature and quality or wrongfulness of what he was doing.

He knew that pointing a gun at police officers and racking the slide was threatening, because he knew what the gun was capable of. That means he knew what firing it would do, so mens rea exists.

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AntiStatistYouth t1_jd0ic3f wrote

See other post for why manslaughter is the appropriate charge.

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extrahandgrenades t1_jd0krvg wrote

It doesn’t meet the criteria for any of those subsections.

(c)(1)(i) Police presence alone does not warrant “serious provocation by the victim killed.” Officers were there for a legitimate reason - a named complainant called 911 concerning the safety of one or more people. The Allegheny County District Attorney reported, “neither Sluganski nor Thomas had drawn their weapons when they approached Morris on Monday.” This is not serious provocation.

(c)(1)(ii) He did not negligently kill Sean Sluganski in the course of defending himself from serious provocation by another person.

(c)(2) His actions are not justified under any of the Chapter 5 sections pertaining to self-defense.

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AntiStatistYouth t1_jd0dwgl wrote

The appropriate charge is not "First Degree Murder of a Law enforcement Officer": § 2507. Criminal homicide of law enforcement officer. (a) Murder of a law enforcement officer of the first degree.-

but is actually c) Manslaughter of a law enforcement officer in the first degree.-

>(c) Manslaughter of a law enforcement officer in the first degree.--A person commits a felony in the first degree who does any of the following:
>
>(1) Without lawful justification kills a law enforcement officer while in the performance of duty and with knowledge that the victim was a law enforcement officer, if at the time of the killing:
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>(i) the person is acting under a sudden and intense passion resulting from serious provocation by the victim killed; or
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>(ii) the person is acting under a sudden and intense passion resulting from serious provocation by another individual whom the actor endeavors to kill, but the person negligently or accidentally causes the death of the victim.
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>(2) Intentionally or knowingly kills a law enforcement officer while in the performance of duty and with knowledge that the victim was a law enforcement officer, if at the time of the killing the person believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 (relating to general principles of justification), but his belief is unreasonable.

Specifically, because of subsection (2). The man's mental state is a factor in determining the appropriateness of the charge. If he were indeed having a mental health crisis and believed that the officer's were trying to kill him, manslaughter is actually the appropriate charge.

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extrahandgrenades t1_jd0vato wrote

18 PaC.S 505 Use of Force in Self Protection

Limitations on justifying necessity of use of force:

  • 18 PaC.S 505(b)(1)(i) - The use of force is not justifiable under this section; to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful.
  • 18 PaC.S 505(b)(2) - The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat.

Johnathan Morris was not under arrest and neither officer had their weapons drawn when they approached Morris. Under Chapter 5, it was not lawful to use any force against McKeesport Officers even if they were affecting an arrest and there was no possible way that, even in crisis, he could articulate that his belief that Officers were trying to kill him was reasonable.

There is no self-defense justification for his actions.

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