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SinCityNinja t1_jajhkeq wrote

Reply to comment by kilroy94 in Warrants out for arrest of Jalen Carter, ex-Georgia star and NFL draft prospect. by PrincessBananas85

I'd like to hear a lawyers response about whether or not he could be held liable for the other cars deaths if it's proven he was drag racing them. I know from other crimes if someone dies while you're committing a crime with them you're held liable

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fwo75o3jh t1_jak2s61 wrote

https://www.wrwh.com/gsp-blame-street-racing-for-fatal-white-county-crash-surviving-driver-charged-with-murder/

https://www.wjcl.com/article/police-georgia-teen-17-charged-with-homicide-following-street-racing-death/37326717#

https://www.11alive.com/article/news/crime/gsp-off-duty-officer-charged-with-vehicular-homicide-in-road-racing-crash/85-432492659

Check those three articles. All three are cases in Georgia where street racers died, and the other racer was charged with vehicular homicide. Carter can and likely will be charged with vehicular homicide, along with a host of other charges.

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Teantis t1_jb4ifzc wrote

Yeah but were any of them star football players from UGA? Because idk if I have so much faith in the execution if blind justice from a Georgia DA office.

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[deleted] t1_jb51ev3 wrote

[deleted]

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Teantis t1_jb59ueb wrote

Yeah I considered mentioning that actually. That's a hopeful sign it might actually get charged. Dunno if it's enough to overcome cynicism about an SEC football star though

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angry_slav_esq t1_jak4gvh wrote

Lawyer here! I too would like to hear the response of a Georgia lawyer who practices criminal law. First, it appears that the defendant has just been charged with misdemeanors. Without a felony charge, the Georgia felony murder statue does not come into play.

Here is the Georgia murder statute. Look at (c). Takeaway from this, obviously, have to commit a felony and cause a death.

Here is a succinct blog article on felony murder in Georgia. Takeaways from this, you can get a felony murder charge from the death of a co-defendant.

Here is a recent article in which a Georgian defendant was charged with felony murder and vehicular manslaughter in a case where street racing occurred. The person who died was the opponent driver. A key difference in this case is that both the defendant and deceased fled the police prior to the crash that lead to the death. Fleeing or attempting to elude may be the felony used to charge felony murder in this analogous case. It could also be an instance where the prosecutor is overcharging.

I’ve spent too much time thinking about this and should eat dinner…so…

Tl; dr: maybe? There is a recent analogous instance where someone was charged with felony murder stemming from a race where the opponent racer died. I’m not sure what felony they’d charge to get to felony murder in the present case. Reckless driving and racing appear to be capped as misdemeanors in GA. I think you should ask a lawyer.

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