Murder requires "malice aforethought," which is most commonly defined as intent. However, malice aforethought can also be found in cases of depraved indifference or extreme recklessness. It would be unusual to charge a suspect in a case like this with murder, rather than vehicular manslaughter, but if he has enough DUIs and the prosecutor thinks he can make out depraved indifference or extreme recklessness, then it's a better charge than manslaughter and would likely make him ineligible for bail and eligible for the death penalty.
The story on the news about Adenhart's father spending time on the mound at the Angels' park last night was heartbreaking.
That's what I was thinking. This guy did not say to himself "I'm going to kill a Major League Pitcher in his prime today". I was wondering what the different degrees of Murder are and how this case fits. I've pulled Jury Duty before and not everything is black and white. The jury is told very strict instructions and conditions to meet each type of charge (Murder vs. Vehicular Manslaughter, vs. Involuntary Manslaughter).
I'm NOT defending this guy at all. He went out on a suspended license, drunk, caused an accident (LEADING TO SENSELESS DEATH AND DISTRUCTION) and tried to leave the scene of the crime. This guy needs incarceration at the very least just so he won't go out on the streets for a very very long time.
