Correct me if I'm wrong, if somebody dies while you are commiting a Felony,
aren't you guilty of 1st Degree Murder? Last time I checked Assault with a
Deadly Weapon is a Felony. If he pulled the gun he's guilty of murder
regardless of if it accidentally discharged or not.
Why would Jonathan Fithian have thought Paul Butterfield was in possession of
drugs? Mr. Fithian accepted a plea bargain to a lessor included offense. It
happens every day.
Let's see now. A guy walks into another persons residence. Looking for money or
drugs or both. A guy whose home it is, insults a relative of the burglar, excuse
me, unwanted guest. The guy pulls a gun in another person's home, pistol whips
him and in the process, somebody gets shot and killed. Am I splitting hairs or
does that simply mean that he was commiting a felony and is able to reap the
blessing of a 1st degree murder charge. Whether it went off or not accidentally,
doesn't matter to the people I hand around with. It was a felony, not an
accident. Give him life in prison or the death sentence.