Fatal 'road rage'

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    Kmac52

    Member
    Apr 22, 2013
    34
    Frederick, MD
    Apparently I dont have access to view the other thread. Can someone tell me how I can keep track of this pending case? The guy that was killed was a friend of mine, and I have taken a personal interest in this.
     

    paulstitz

    Active Member
    Jun 19, 2010
    637
    Cockeysville
    New Jersey police officer indicted with first-degree murder in Gambrills road rage killing

    As in 'with malice and forethought' ? Although it varies from state to state, murder 1 is generally a killing which is deliberate and premeditated. Does anyone know the exact definition in MD ?

    I guess the prosecutors must plan on 'pleading it down' to murder 2.

    From the story:
    Both Harvey and Pidel got out of the Honda. Harvey walked toward the minivan but Pidel stayed near the Honda, court records show. Walker got out of the minivan but then went back inside, retrieving a .45-caliber Glock.

    I guess going back for the gun after he exited the vehicle is enough for premeditation.

    Sound good to me.
     

    breimer273

    Active Member
    Jul 25, 2013
    156
    SOMD
    Anyone have any recent info? Interested in seeing how this one turned out. Kmac I'm sorry for your loss.

    I'm wondering how the concealed carry law would apply in this case or if it would at all. NJ cop illegally carrying a weapon in the state of MD I believe would be substantial enough to rule out self defense. Then again, in a lot of self defense situations you can only respond with equal force. And an off duty cop identifying himself as a cop not in his jurisdiction sounds kind of suspicious. Just thinking out loud.
     

    aquashooter

    Active Member
    Apr 17, 2013
    892
    Monkey Co
    If he has statutory arrest powers and is employed by a gov't agency or a railroad, he is covered under LEOSA. That still doesn't give him the right to shoot an unarmed individual. If the victim was coming at him with a tire iron or a knife, it's a whole different ball game.
     

    eruby

    Confederate Jew
    MDS Supporter
    New Jersey police officer indicted with first-degree murder in Gambrills road rage killing

    As in 'with malice and forethought' ? Although it varies from state to state, murder 1 is generally a killing which is deliberate and premeditated. Does anyone know the exact definition in MD ?

    I guess the prosecutors must plan on 'pleading it down' to murder 2.
    IANAL (nor did I stay at a Holiday Inn Express) but I believe the term is:

    malice aforethought n. 1) the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. 2) a general evil and depraved state of mind in which the person is unconcerned for the lives of others. Thus, if a person uses a gun to hold up a bank and an innocent bystander is killed in a shoot-out with police, there is malice aforethought. (See: malice, murder, first degree murder)
     
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