I was just talking to a lady who works a janitorial detail here at the University. Her son, Jermaine Wise, was murdered last Mardi Gras by none other than B Stupid, aka Ivory Harris. Remember him? He was public enemy #1 until he got arrested March 20th. She pointed out he’s being charged with second degree murder, which she didn’t understand since it was apparently a premeditated slaying. There’s a witness to this murder who is actually willing to testify (a rarity) and who is being protected by the D.A. Here’s what really got me. The guard assigned by the D.A. to protect this witness attempted to rape her. I’m at a loss for words. Somehow “outrageous” seems inadequate.
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I’m not a lawyer, but it is my understanding that in Louisiana 1st Degree Murder is charged only when there is a murder during another felony crime. i.e. commiting a robbery & then murdering the victim. It has nothing to do with premeditation.
I remember reading about this when that sports guy from WWL was charged with murdering his wife.
Here is the statute;
Louisiana First Degree Murder
LA R.S. 14:30
A. First degree murder is the killing of a human being:
(1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated rape, forcible rape, aggravated burglary, armed robbery, drive-by shooting, first degree robbery, simple robbery, or terrorism.
(2) When the offender has a specific intent to kill or to inflict great bodily harm upon a fireman, peace officer, or civilian employee of the Louisiana State Police Crime Laboratory or any other forensic laboratory engaged in the performance of his lawful duties, or when the specific intent to kill or to inflict great bodily harm is directly related to the victim’s status as a fireman, peace officer, or civilian employee.
(3) When the offender has a specific intent to kill or to inflict great bodily harm upon more than one person.
(4) When the offender has specific intent to kill or inflict great bodily harm and has offered, has been offered, has given, or has received anything of value for the killing.
(5) When the offender has the specific intent to kill or to inflict great bodily harm upon a victim who is under the age of twelve or sixty-five years of age or older.
(6) When the offender has the specific intent to kill or to inflict great bodily harm while engaged in the distribution, exchange, sale, or purchase, or any attempt thereof, of a controlled dangerous substance listed in Schedules I, II, III, IV, or V of the Uniform Controlled Dangerous Substances Law.
(7) When the offender has specific intent to kill and is engaged in the activities prohibited by R.S. 14:107.1(C)(1).
I was on the jury for the Glasper murder trial, and the prosecution charged him with first degree murder with the alternative verdict held out of manslaughter. Once Judge Bigelow explained all of the conditions that had to be met for first degree murder it seemed pretty obvious to most of us that the DA’s office was charging first degree simply to make it seem to everyone that it was a slam-dunk that the man was a cold-blooded killer, while they only had evidence that would support manslaughter at best. While there were a couple of jurors who wanted to convict Glasper of the first degree charge at first simply because it was undeniable that he was the one who pulled the trigger, even they agreed after we thoroughly discussed the high standards that must be met for first degree murder.
That’s just what I wrote earlier today. There’s just too many things to be outraged about. It’s overwhelming. http://www.scottharney.com/2007/02/12/i-dont-have-enough-outrage-to-go-around/
The story about this attempted rape has and will work its way through the streets and potential witnesses and erode already-suffering trust of and willingness to interact with police officers.
youre serious ? He raped her… ? Can I assume this is one the books, and he lost his job, or not?
holly
No, he didn’t rape her — he attempted to rape her. Not sure what consequence there might have been. Rape victims often don’t bring charges.
[…] I wrote about some other details of Manny’s case a couple weeks ago. […]