Today, Troy McAlister was arraigned on numerous felony charges, including vehicular manslaughter while intoxicated charges for the deaths of Hanako Abe and Elizabeth Platt. My office and I are distraught over this horrific tragedy.
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Replying to @chesaboudin
How is killing a pedestrian with a multi-thousand-pound-plus vehicle *while drunk* not at least Murder 2?
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Replying to @dsteinwedel @chesaboudin
Because you cannot prove that whoever is drunk driving is doing it to intentionally kill someone. Intent is extremely hard to prove, and honestly if someone DID try to charge and convict a drunk driver of murder II it'd never happen bc of it.
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Replying to @khaleesbee @chesaboudin
The ‘intent’ happens when they operate a motor vehicle drunk. It’s no different than randomly discharging a weapon in public.
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Randomly discharging a weapon in public would be argued to not be intentional either, due to the randomness of it. If you aren't aiming at someone intending to kill them and just shooting randomly, then murder I or II would be damn hard to get a conviction for.
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